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Recent content by jonpaul42

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

  1. J

    Executor Responsibility & Liability

    What is the name of your state (only U.S. law)? NY My brother was an accountant who did tax returns for individuals. He was not married and had no heirs. As executor of his estate, can I just discard his files of client's tax returns? Do I have an obligation to return them to his clients or...
  2. J

    Personal Guarantee

    What is the name of your state (only U.S. law)? NY I signed a personal guarantee for a bank loan to a corporation in which I am a stockholder. If the corporation defaults on the loan and the bank comes to me to repay the loan under the guarantee, can the bank go after my IRA account?
  3. J

    Should I remain as an officer of a corporation?

    What is the name of your state (only U.S. law)? NY I was previously employed by a corporation in which I own 33% of the stock and 2 other partners also own 33% of the stock. I am also an officer of the corporation. I recently left the corporation to work elsewhere and since I left, I've...
  4. J

    Issuing refund to customer

    What is the name of your state (only U.S. law)? NY We mailed a refund check to a business customer. The check was mailed back to us with a notarized letter stating the business is closed and asking for the refund to be issued to an individual who is presumably the owner. Assuming the...
  5. J

    Creditor Question

    What is the name of your state (only U.S. law)? NY A customer of mine who is a NY registered corporation appears to be going out of business. He owes my business approx $1500. I do not have a personal guarantee from him. It is unclear at this time if he has filed for bankruptcy. When I visited...
  6. J

    Wage Dispute Question

    What is the name of your state (only U.S. law)? FL I started working for company X in June 2007. The terms of my employment were detailed in an email sent to me by the owner. The terms included specifics about salary and other perks. In December 2007, the owner told me she could no longer pay...
  7. J

    Stockholder looking to avoid trouble

    What is the name of your state (only U.S. law)? NY I own 25% of the stock in a C corp. I have 3 other partners. As the 4 principals of the corporation, during the course of business over the years, the 4 of us have personally guaranteed certain loans the company has taken. Approx 2 years ago...
  8. J

    Default Judgment Received

    What is the name of your state (only U.S. law)? FL The defendant (an individual, not a company) did not appear at the small claims hearing and the Judge gave me a default judgment against him. I contacted the defendant about making payment. He responded that he wants me to execute a general...
  9. J

    Proper Way to Contact a Neighbor

    What is the name of your state (only U.S. law)? NY The house next door to me is a rental property and in its backyard is a dying tree that's been shedding limbs over the past few years. I sent a certified letter to the owner explaining the problem and asking him to remove the tree before it...
  10. J

    Statute of Limitations

    What is the name of your state? VA We had a contract with an independent sales rep that we terminated last year. We paid him commissions on his sales each month. After an internal audit, we discovered we overpaid him each month for the past few years. Is there a statute of limitations that...
  11. J

    Independent Sales Rep - Venue Question

    What is the name of your state? VA Several years ago we hired an independent sales rep to help sell our products to wholesale customers in California. He was paid commissions monthly and we would send him a 1099-MISC at the end of each year. We properly terminated the contract with him about a...
  12. J

    Small Claims and Out of State Customer

    What is the name of your state? FL We have a customer in NY who signed a $2500 contract with us for advertising services. Our contract includes provisions that any claims would fall under FL jurisdiction and a personal guarantee. The contract and the provisions were originally written by our...
  13. J

    Serving a Defendant

    What is the name of your state? FL We have a customer (located in NY) who is refusing to pay on a contract he signed with us. In the contract he agreed to FL venue. We intend to hire a process server in NY to serve him with the FL Small Claims papers. The NY Dept of State lists an address in...
  14. J

    Customer Won't Pay

    What is the name of your state? Florida A customer hired us to design a brochure for him. He provided us the copy to go into the brochure. It looked as if it was written by a 3rd grader so he asked us to make it readable. When we finished everything, he came in to our offices, reviewed it, said...
  15. J

    Personal Guarantee

    What is the name of your state? New York Our corporation requires new customers (businesses, not individuals) to sign a credit application that includes a personal guarantee. The credit app also includes provisions that the customer agrees to pay a fee of 25% of the unpaid principal if the...

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