Commercial Litigation Legal Questions

Possibly. See an attorney to see if a motion can be made to set aside the default judgment -- generally something that can only happen for good cause. You do not explain why you did not receive notice. If you have a good reason for not receiving notice (e.g., you were in the hospital in a coma), a court may set it aside.... Read More

Your question seems to indicate that you received a 5 Day Pay or Quit Notice and then did nothing to Answer with the appropriate Court.  As far as legal options, you have not presented any grounds for regaining  possession of the Subject Premises based on the facts as written, insofar as you admit that you are behind on your payments of rent. However, merely because you were locked out of possession of the Subject Premises does not change the fact that you have a right to all of your personal property in the Subject Premises.  You can file a Motion with the evicting Court for release of personal property if the Landlord will not allow you access to the premises.  Make sure that you do not allow 30 days to elapse after the lockout or else the Landlord may claim abandonment of the Property.... Read More

With rare exceptions, a successful plaintiff must show not only that the other party has somehow committed a wrong against him/her/it (on the surface, it appears that you may be able to do that), but also that he/she/it has suffered damages from the wrong.  From the little you have written, it does not appear that you have suffered any damages from "almost" choking.... Read More

It is unclear from your question exactly what type of specialist you would need.  I would suggest that you speak with a litigator who practices in the county where your husband's business is/was located, and go from there.  Most firms these days offer free initial consultations, so hopefully you can find someone who can at least answer a few questions and then give you greater guidance.  Good luck going forward. Jay Mills Burns, Day & Presnell, P.A. 919.235.3824 jmills@bdppa.com... Read More

While it  is not illegal to show someone how to play a famous song, if you record your lesson and attempt to sell it, your lesson will include you playing the famous song, which can be considered a performance of the song, which is an infringement of the copyright owned by the person that wrote the song.  So while you think you are selling your instruction, you would also be selling your playing of the song, which is a copyright infringement, unless you have a license from the owner of the song.  You may want to contact the major licensing companies,  BMI,  ASCAP, and Harry Fox Agency to determine the costs for the license.  ... Read More

I anticipate that you may have signed the lease agreement in your individual capacity.  If so, it may be possible for the landlord to seek outstanding rents in court.  You can attempt to negotiate the remaining lease payment with the landlord directly, but if you cannot come to some type of agreement, you will need to seek the assistance of a lawyer in your local area to protect your interests.... Read More

Yes, you can hire a US lawyer from any country on the globe.  In my experience, most attorneys are hesitant to accept a client from a foreign country without a referral from a foreign counsel with whom they have a solid relationship, or without a significant retainer to pay for the attorney's services in advance.  I would direct you to find a lawyer in the same geographic location as you opponent as this would reduce the cost of litigation.  I would also recommend that you discuss the terms of the legal services and charges up front because the attorney fees could quickly exceed the sum you are seeking to recover.... Read More

If the client is no longer operating, you would do well to close the books and send in final tax returns indicating the closing of the business.  You may want to dissolve the company under state law, but only for finality.  You could file a bankruptcy case, but that will only stir up issues and will cost money, so there is no reason to do so, unless creditors are bothering you and you want to put an end to it, or unless there is some asset you want to not be responsible for.  FIling will at least temporary pas the problem on to the trustee, who will eventually abandon the asset.  As a practical matter, that should be the  end of it, as non-bankruptcy lawyers don't usually understand what the abandonment of an asset in a business chapter 7 means.  Cynical, but true advise.... Read More