Business Litigation Legal Questions

Whether or not you can sue for the entire amount now depends on whether there was an acceleration clause in the contract.  This is a standard clause which provides that if there is any default in payment, the entire amount becomes immediately due and owing.  If there is no such provision in your contract, you can only sue for the amount past due at this time, and it would probably be a better idea to wait until the entire amount is overdue to start your lawsuit.  As to whether it would be worth it, it depends on (a) whether the debtor can pay any judgment; and (b) how valuable your time is (I assume that you would handle the suit yourself, as it seems a simple case.)... Read More

I'm not 100% sure what you're asking, but if you want to avoid liability to some third party, such as a gardener, somebody who fell on the property, a mortgage lender, you can assign the liability to the property buyer, but that is only effective between you and the buyer, it won't affect the third party's rights against you.  In other words, the third party would still sue you and you would still have to pay, but you could recover your money from the buyer if (a) you contract for that right; and (b) the buyer has the money to pay.   If you're asking whether you can avoid liability to the buyer, the answer is that you can significantly limit your liability in your contract, but you can't completely avoid liability for anything.  For example, you can't avoid liability if you defraud the buyer into the transaction.... Read More

Thank you for the questions.  Dissolving a partnership agreement and winding up business is not always an easy task they are several documents that you need to reference in order to ensure you have done it correctly.  Our Firm has experience with dissolution of partnerships and would love the opposrtunity to assist.  Please call me at any time 954-727-8268.  Have a great day.   Sincerely   Andrew... Read More

Hard to answer your question without knowing more.  Did your wife know that the salon had sold gift cards before she bough the salon?  She'd be on notice, at least generally, that there's an "account payable" out there that she'd have to fulfill as the new owner.  if she actually didn't know about the gift cards, what did the written purchase agreement say, if anything, about disclosure of liabilities and responsiblity for them? ... Read More

It sounds like you have a strong case.  I suggest you make a careful survey of what the employee may have taken with him.  For example, computer files and paper copies made on your copier.  Hold a meeting with your employees and ask them if they witnessed the employee making copies or copying computer files.  Find a lawyer who has experience with trade secret and proprietary rights cases. You can now sue in Federal Court under the new Defend Trade Secrets Act.... Read More

It is not your husband's agreement you need, but the lender's; the lender is the one whose rights (to seek payment from you and your assets as well as your husband's) are being prejudiced.  The judge can declare that, as between you and your husband, he has responsibility for the loan, and you could then sue your husband for any amounts you have to pay on the loan.  However, as a general rule, the judge can't change the rights of a 3d party (the lender) who is not before the Court. ... Read More

You may be too late to file a mechanic's lien.  If the amount you are owed is less than $12,000, I would suggest that you file suit with the local magistrate.  You'll have a hearing in about 30 days.  That often gets things off the dime.  If the amount due is higher, you'll probably stuck filing in arbitration division of your local court of common pleas.  One good first step is to have an attorney review everything and send a collection letter. ... Read More

Best advise - Contact an attorney to go over your documents, what you purchased (land, equipment, building, etc), what entity form is best and why, as well as all other issues related to the transaction. I have too many questions to give you a full and complete legal analysis based on the provided information. ... Read More

I'm not sure why Federal Express is involved here, other than as the carrier of the product back to China. Your focus should be on the Bellevue company. It is possible that company is liable for breach of its agreement to repair the product. That company's defense is likely to be that it could not be repaired, which means that it may be liable for conversion (a lawyerly way of saying "taking of") your product -- but if the product is defective, it may not have much value. You should discuss this with a business lawyer in your area.... Read More

The first thing to do is look at the partnership agreement, or if none, then default under the Florida law on partnerships.  You do not indicate % for each, but assuming 50-50, then you have equal rights to all.  The time may be upon you to seek to dissolve the partnership or work out a buyout.  Much also depends upon the structure of the business, the agreement as to management and compensation, and capital investments.  What you should do, is immediately consult an attorney and pay for legal advice and representation to help you to obtain the best possible outcome, or assist in negotiating a resolution before things result in litigation and further financial harm.  ... Read More

Thank you for your question regarding Social Media and the governing laws.  Please call me at 407-801-9368 when you have a free moment.  I am intellectual property attorney who has worked on social media issues and would love to help.  Have a great day.   Sincerely, Andrew Rapacke... Read More

It is not a definite loser but it is an uphill climb.  First, if the operating agreement provides that any amendment must be in writing, and the side agreement relates to it, that may be a fatal fact.  Second, although an oral agreement is enforced, the presence of a draft looks like that it was intended to be reduced to writing, which means the oral part is not enforceable.  Obviously if you do nothing you get nothing, so maybe there is enough here to get a settlement.... Read More

If the bees could be considered your pets, you can sue for negligently destroying your property.  Unless the bees were valuable, however, I don't know what damages you would recover.  In New York, you would not meet the criteria for a claim of negligent infliction of emotional distress, for which you could recover damages for your mental suffering, but it is possible (although I doubt it) that the elements fo that tort are different in Washington and you could qualify.  However, I would advise you to  handle the matter yourself in small claims court, as you are unlikely to recover as much as you would spend on a lawyer.... Read More