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<?xml-stylesheet type="text/xsl" href="http://prairielaw.com/utility/FeedStylesheets/rss.xsl" media="screen"?><rss version="2.0" xmlns:dc="http://purl.org/dc/elements/1.1/" xmlns:slash="http://purl.org/rss/1.0/modules/slash/" xmlns:wfw="http://wellformedweb.org/CommentAPI/"><channel><title>Business - General Matters</title><link>http://prairielaw.com/forums/12.aspx</link><description>Start using these &lt;A href="http://business-law.lawyers.com/General-Business-Forms.html"&gt;General Business Forms&lt;/A&gt;, &lt;A href="http://business-law.lawyers.com/Business-Finance-and-Credit-Forms.html"&gt;Business Finance and Credit Forms&lt;/A&gt; and &lt;A href="http://business-law.lawyers.com/business-planning/Corporate-Forms.html"&gt;Corporate Forms&lt;/A&gt; now.  &lt;BR /&gt; 
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&lt;p&gt;&lt;strong&gt;We called contractor several more times and requested our architectural drawings and receipts of all that he claims he paid for, we were promised we will get the architectural drawings but to this date we did not received any. We send two letters by register mail&amp;nbsp;return receipt requested to him and contractor ignored all of our letters. We don&amp;#39;t know what to do. Can you give us answer what legal rights do we have and how to get our deposit back from the contractor.&lt;/strong&gt;&lt;/p&gt;
&lt;p&gt;&lt;strong&gt;Thank you&lt;/strong&gt;&lt;/p&gt;
&lt;p&gt;&lt;strong&gt;&lt;/strong&gt;&lt;/p&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;</description></item><item><title>company vehicle damage and employee compensation</title><link>http://prairielaw.com/forums/thread/504456.aspx</link><pubDate>Thu, 09 Sep 2010 16:03:27 GMT</pubDate><guid isPermaLink="false">cbeb030d-bab6-4a2c-9831-ca1feaac8ba9:504456</guid><dc:creator>charles j teller</dc:creator><slash:comments>6</slash:comments><comments>http://prairielaw.com/forums/thread/504456.aspx</comments><wfw:commentRss>http://prairielaw.com/forums/commentrss.aspx?SectionID=12&amp;PostID=504456</wfw:commentRss><description>&lt;p&gt;I damaged a company truck (a small hole in the body) while driving thru a fast food resturant and completely damaged the resturant awing.&amp;nbsp; I have since been fired, but now being informed by my ex-employer I will have to pay for all the damages. Can I be held to pay these damages? and does&amp;#39;nt the company&amp;#39;s vehilce liabilty insurance cover such accidents??&amp;nbsp; If so,, what type of lawyer do I need?&lt;/p&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;</description></item><item><title>Partnership Theft &amp; Fraud Issues</title><link>http://prairielaw.com/forums/thread/504074.aspx</link><pubDate>Wed, 08 Sep 2010 03:25:21 GMT</pubDate><guid isPermaLink="false">cbeb030d-bab6-4a2c-9831-ca1feaac8ba9:504074</guid><dc:creator>Pickem123</dc:creator><slash:comments>16</slash:comments><comments>http://prairielaw.com/forums/thread/504074.aspx</comments><wfw:commentRss>http://prairielaw.com/forums/commentrss.aspx?SectionID=12&amp;PostID=504074</wfw:commentRss><description>&lt;p&gt;I own 50% in aTexas S-Corp. About 2 years ago took a leave to concentrate on other endeavors. Basically became a silent partner. I did not take a paycheck and had only 2 distribution checks during my leave. I recently tried to become involved in the business again but found out my partner , without my knowledge or consent , changed banks, changed locks on the business, changed my security clearance on the cash register / computer. I am now totally locked out of the business. I have obtained some bank records that prove theft , but he refuses to give current bank records which I am sure would prove more significant amounts of fraud and theft. My lawyer , over 2 months time , has not gotten my any other info . Only a mediation appointment. I will most likely spend about $6,000 ( 3,000 so far &amp;amp; 3,000 on mediation) on legal fees and face the possibility that my partner will not heed the mediation if he does not like the outcome. &lt;/p&gt;
&lt;p&gt;My questions are:&lt;/p&gt;
&lt;ul&gt;
&lt;li&gt;Is my lawyer doing the right things ? Should I change lawyers ?&lt;/li&gt;
&lt;li&gt;Would I be better served in spending money on a lawsuit instead of mediation ?&lt;/li&gt;
&lt;li&gt;Should I go to the police myself?&lt;/li&gt;
&lt;li&gt;Can I go to the bank with my corporate documents and demand access?&lt;/li&gt;
&lt;/ul&gt;
&lt;p&gt;&amp;nbsp; I can provide more info if needed.&lt;/p&gt;
&lt;p&gt;Thanks&lt;/p&gt;
&lt;p&gt;&amp;nbsp;&lt;/p&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;</description></item><item><title>how to dissolve an S-corp</title><link>http://prairielaw.com/forums/thread/504159.aspx</link><pubDate>Wed, 08 Sep 2010 14:55:20 GMT</pubDate><guid isPermaLink="false">cbeb030d-bab6-4a2c-9831-ca1feaac8ba9:504159</guid><dc:creator>kgbeecher</dc:creator><slash:comments>3</slash:comments><comments>http://prairielaw.com/forums/thread/504159.aspx</comments><wfw:commentRss>http://prairielaw.com/forums/commentrss.aspx?SectionID=12&amp;PostID=504159</wfw:commentRss><description>&lt;p&gt;I used to own a bar and grill. we closed for many reasons.Now about five yrs later I get a letter in the mail saying I owe 642.03 in taxes earned by my s-corps.I need to close the s corps. How is this done?&lt;/p&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;</description></item><item><title>Damage to Personal Property at Work Site</title><link>http://prairielaw.com/forums/thread/503427.aspx</link><pubDate>Sat, 04 Sep 2010 21:12:49 GMT</pubDate><guid isPermaLink="false">cbeb030d-bab6-4a2c-9831-ca1feaac8ba9:503427</guid><dc:creator>moriz001</dc:creator><slash:comments>4</slash:comments><comments>http://prairielaw.com/forums/thread/503427.aspx</comments><wfw:commentRss>http://prairielaw.com/forums/commentrss.aspx?SectionID=12&amp;PostID=503427</wfw:commentRss><description>&lt;p&gt;I am writing on behalf of my significant other. He works as an Assistant Golf Professional at a local course, and is still working his way up from the bottom of the totem pole within the industry. We are both in our mid-twenties--I&amp;#39;m still in school finishing up my teaching credentials and working part-time at a veterinary clinic, while he works for a measly $10/hr., acquiring as many private lessons as possible in the meantime--and we live in a modest one bedroom apartment, just to give you some background. &lt;/p&gt;
&lt;p&gt;His issue began when a handful of teenagers from the neighborhood decided to sneak onto the golf course he works at&amp;nbsp;one evening to help themselves to a free round of golf. Under the word of his superior, my boyfriend went as a representative of&amp;nbsp;the course&amp;nbsp;to kindly ask the boys to leave, as this is a private course, and although the public has recently been&amp;nbsp;allowed limited&amp;nbsp;access for a fee, this group&amp;nbsp;had neither established a tee time, nor paid for the round. After some words were exchanged, the boys finally retreated from the grounds. &lt;/p&gt;
&lt;p&gt;However, within days, tire tracks covered the greens&amp;nbsp;of some of the holes, suggesting a large truck had done &amp;quot;donuts&amp;quot; on the course late at night. After some investigation, the incident was traced back to a friend&amp;nbsp;of the boys who were previously asked to leave the course by none other than my boyfriend. The course pursued pressing charges against the boys, though this process was, and continues to be, dealt with by the owners behind the scenes rather than my boyfriend and his immediate superior who run the course on a daily basis. &lt;/p&gt;
&lt;p&gt;Fast forward a week or so: my boyfriend visited the course on his day off to hit some balls and enjoy the game he loves. Upon parking, he noted a scouling expression from an unfamiliar&amp;nbsp;boy sitting in&amp;nbsp;the car in the next spot, but didn&amp;#39;t think much of it as many people leave a round upset by their own performance. After a few hours on the range, my boyfriend returned to his brand new Honda Accord (under lease, mind you) keyed from hood to trunk, covering the entire driver&amp;#39;s side. He had barely made two payments on the car at this point! Immediately, he informed his superior about the incident, and pursued reimbursement from the course, as it was obviously a related incident to those prior. &lt;/p&gt;
&lt;p&gt;Initially, he was told the course would cover the damages (a $2,000 job--the average of 3 estimates), but after a month or so he was told the claim was denied. Now our personal car insurance would cover it, though they require a $500 deposit, and this incident may or may not result in an increase in our monthly dues. He is frustrated, to say the least! &lt;/p&gt;
&lt;p&gt;Our question is: does he have any grounds to fight this? Being that the course has its own case against these kids for related incidents, why can&amp;#39;t they tag on this personal attack for the guy called upon to do their dirty work? &lt;/p&gt;
&lt;p&gt;Any advice or thoughts would be greatly appreciated. We don&amp;#39;t want to kick and scream if our case is unwarranted, but similarly, we don&amp;#39;t want to be taken advantage of simply because we are young and ill versed in legal matters. Thank you for any help you can offer.&lt;/p&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;</description></item><item><title>Abandoned Trademarks and Copyright issues..</title><link>http://prairielaw.com/forums/thread/503364.aspx</link><pubDate>Sat, 04 Sep 2010 07:34:11 GMT</pubDate><guid isPermaLink="false">cbeb030d-bab6-4a2c-9831-ca1feaac8ba9:503364</guid><dc:creator>bondservant4jesuschrist</dc:creator><slash:comments>1</slash:comments><comments>http://prairielaw.com/forums/thread/503364.aspx</comments><wfw:commentRss>http://prairielaw.com/forums/commentrss.aspx?SectionID=12&amp;PostID=503364</wfw:commentRss><description>&lt;p&gt;&amp;nbsp;California is the state I live in.&lt;br /&gt;&lt;br /&gt;There was an old radio station that lasted from 1990-1998. The station is no longer operating and one of it&amp;#39;s trademarks says abadoned and the others that they used are no longer active. I would like to try tot take over the trademarks my self also revive the radio station as possibly a program on the internet.&amp;nbsp; Also the company who originally made it is now no longer in existent. It turned into another corporation and changed it&amp;#39;s name.&lt;br /&gt;&lt;br /&gt;&amp;nbsp;The person who lead it is still alive, though so I thought there might be copyright issues also. How would I take over the trademarks and register them myself?&amp;nbsp; Also how do I find out if I can legally operate this old station as a revived new one pertaining to copyright issues. If you need more details I can give it.&amp;nbsp; Like I said before the radio station was owned by a corporation before, but the corporation changed it&amp;#39;s name.&lt;br /&gt;&lt;br /&gt;&amp;nbsp;If the corporation changes its name does it retain the copyright for the old radio station or does it lose it. Also how can I tell if the old CEO has copyright for the old radio station?&amp;nbsp; Also what other legal issues can I run into by trying to revive and old radio station? Please help as much as possible. Thank you.&lt;/p&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;</description></item><item><title>Temporary Business Partnership</title><link>http://prairielaw.com/forums/thread/503750.aspx</link><pubDate>Mon, 06 Sep 2010 18:39:51 GMT</pubDate><guid isPermaLink="false">cbeb030d-bab6-4a2c-9831-ca1feaac8ba9:503750</guid><dc:creator>KJones</dc:creator><slash:comments>3</slash:comments><comments>http://prairielaw.com/forums/thread/503750.aspx</comments><wfw:commentRss>http://prairielaw.com/forums/commentrss.aspx?SectionID=12&amp;PostID=503750</wfw:commentRss><description>&lt;p&gt;My husband wants to start a business. He has a friend that also wants to start a business and they have been talking about starting one together. His friend does not want to do the business long term, but thinks that it will look good on his resume because he would like to be a business manager someday (he is going to school for this). &amp;nbsp;What kind of partnership or agreement could they make where my husband is 100% owner and his friend is also involved? I am not sure how to word what his friend would be in the business. Also, when they are discussing being partners, his friend is agreeing to possibly have the partnership be 40/60 or something like that. Any advice or thoughts greatly appreciated! -KJones&lt;/p&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;</description></item><item><title>Can anyone sell OTC pharmaceuticals?</title><link>http://prairielaw.com/forums/thread/503877.aspx</link><pubDate>Tue, 07 Sep 2010 04:57:52 GMT</pubDate><guid isPermaLink="false">cbeb030d-bab6-4a2c-9831-ca1feaac8ba9:503877</guid><dc:creator>Rocktosh</dc:creator><slash:comments>0</slash:comments><comments>http://prairielaw.com/forums/thread/503877.aspx</comments><wfw:commentRss>http://prairielaw.com/forums/commentrss.aspx?SectionID=12&amp;PostID=503877</wfw:commentRss><description>&lt;p&gt;I&amp;#39;m curious if anyone can buy and sell over-the-counter pharmaceuticals like you would buy and sell most other things, or do you need a license/permit, etc? I&amp;#39;m particularly wondering about pet medications like dewormers and flea treatments if it makes a difference. &lt;/p&gt;
&lt;p&gt;If anyone can buy and sell these products without a special license can they repackage the product, like buy a large quantity and divide it up,&amp;nbsp;or does it have to be sold in the manufacturer&amp;#39;s packaging?&lt;/p&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;</description></item><item><title>What constitutes an oral contract in Virginia?</title><link>http://prairielaw.com/forums/thread/502544.aspx</link><pubDate>Tue, 31 Aug 2010 18:49:46 GMT</pubDate><guid isPermaLink="false">cbeb030d-bab6-4a2c-9831-ca1feaac8ba9:502544</guid><dc:creator>BreakerM</dc:creator><slash:comments>8</slash:comments><comments>http://prairielaw.com/forums/thread/502544.aspx</comments><wfw:commentRss>http://prairielaw.com/forums/commentrss.aspx?SectionID=12&amp;PostID=502544</wfw:commentRss><description>&lt;p&gt;My fianc&amp;eacute; and I found a band for our upcoming wedding through a entertainment management company and put down a $150 deposit. When the management company sent the contract it included a rider that we could not possibly meet (two dressing rooms, access to the venue 4 hours before the event, power requirements, room for 10 people + sound man, etc.). The venue is a small courtyard for a 55-person reception and can accommodate a 5-person band maximum. The band is willing to be flexible on the dressing rooms and power requirements and claims they will squeeze in to the small stage area. Bottom Line: We don&amp;#39;t want a 10-person band squeezed up against our guests (their online profile only showed 7 members). &lt;/p&gt;
&lt;p&gt;We did not sign the contract and are willing to part with the $150 deposit, but the management company claims we had a verbal contract. There are emails back and forth discussing song lists and the fact that we have issues with the rider, but nothing in writing saying &amp;quot;book this band&amp;quot;. We don&amp;#39;t want to do business with this company, nor do we want to pay them a portion of the total&amp;nbsp;as some sort of concession. &lt;/p&gt;
&lt;p&gt;Are we within our rights?&lt;/p&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;</description></item><item><title>how to determine if a company or business is legitimate</title><link>http://prairielaw.com/forums/thread/501015.aspx</link><pubDate>Tue, 24 Aug 2010 22:49:30 GMT</pubDate><guid isPermaLink="false">cbeb030d-bab6-4a2c-9831-ca1feaac8ba9:501015</guid><dc:creator>jrry660</dc:creator><slash:comments>7</slash:comments><comments>http://prairielaw.com/forums/thread/501015.aspx</comments><wfw:commentRss>http://prairielaw.com/forums/commentrss.aspx?SectionID=12&amp;PostID=501015</wfw:commentRss><description>&lt;p&gt;I plan to have a computer consulting/development company develop an iphone application for me. I&amp;#39;ve spoken to them and they are based in Texas and they seem fine and knowledgeable. Before I sign up with them and start paying for their services, how can I determine if they are a valid and legitimate company? Is there some sort of license they should have? Can I look them up in their state or wherever they are based to make sure all is good? My fear is that if something goes wrong, hopefully not, and&amp;nbsp;if I&amp;nbsp;have to sue to recover cost and/or damages from this company, I can do so.&lt;/p&gt;
&lt;p&gt;&amp;nbsp;&lt;/p&gt;
&lt;p&gt;&amp;nbsp;&lt;/p&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;</description></item><item><title>Right to Reposess My Own Car from Illicit Auto Repair Shop?</title><link>http://prairielaw.com/forums/thread/501788.aspx</link><pubDate>Fri, 27 Aug 2010 17:20:03 GMT</pubDate><guid isPermaLink="false">cbeb030d-bab6-4a2c-9831-ca1feaac8ba9:501788</guid><dc:creator>pgs92109</dc:creator><slash:comments>1</slash:comments><comments>http://prairielaw.com/forums/thread/501788.aspx</comments><wfw:commentRss>http://prairielaw.com/forums/commentrss.aspx?SectionID=12&amp;PostID=501788</wfw:commentRss><description>&lt;p&gt;I live in Southern CA.&amp;nbsp; Owner of engine repair shop refused to let me test drive my repaired car prior to me paying him even though I offered to leave a credit card as collateral.&amp;nbsp;&amp;nbsp; I told the owner that I wanted to test drive the car first, before paying, for the following reason:&amp;nbsp; 3 years ago when he did similar engine work on my car, I had to immediately bring the car back 4 times over a period of 4 months before it was properly repaired.&amp;nbsp; At that time, he admitted that he never looked at the technical bulletins for my engine before working on it.&amp;nbsp; Because of this prior experience, now, on 8/26/10, I wanted to drive it up some nearby hills to insure the compression was OK before paying him. He absolutely refused to release the car to me, even after I offered to leave my credit card with him as collateral.&lt;/p&gt;
&lt;p&gt;He said that, by CA law, he owned&amp;nbsp;my car until&amp;nbsp;I paid and that he would perform a lien sale if I didn&amp;#39;t pay first. I then told him I would take the car with or without his permission. He said if I took the car, he would report my car as stolen.&amp;nbsp; Then he said because I was now giving him trouble, he would no longer accept a credit card payment and would now only accept cash, even though Visa and MC decals are posted on the door of the business and even though he said earlier that his business accepted credit cards.&amp;nbsp;&lt;/p&gt;
&lt;p&gt;Questions:&lt;/p&gt;
&lt;p&gt;1.&amp;nbsp; I realize that a mechanic can refuse to release a car for non-payment of the bill, but can he use that law to hold my car hostage and then&amp;nbsp;coerce me into paying prior to a test drive or&amp;nbsp;coerce me into paying $700 cash (which of course I didn&amp;#39;t have) at the last second in order to &amp;quot;teach me a lesson&amp;quot; or&amp;nbsp;coerce me to&amp;nbsp;do anything else he wants to?&amp;nbsp;At what point does this become extortion?&lt;/p&gt;
&lt;p&gt;2.&amp;nbsp; If I took back my own car without paying him first, could I actually be charged with stealing my own car??!&amp;nbsp; How can I be charged with theft for taking something that I own?&lt;/p&gt;
&lt;p&gt;3.&amp;nbsp; If he did actually report it as stolen and the police stopped me, couldn&amp;#39;t I just show them my Driver&amp;#39;s License and Registration to prove the car wasn&amp;#39;t stolen?&amp;nbsp; &lt;/p&gt;
&lt;p&gt;4.&amp;nbsp;If he reported my car as stolen, could he be charged with filing a false police report?&lt;/p&gt;
&lt;p&gt;5.&amp;nbsp;&amp;nbsp;Near the end of the encounter, I offered to pay him immediately and in full via credit card and he still refused to accept payment or release my car.&amp;nbsp; Isn&amp;#39;t this illegal? At what point is he considered to be stealing my car?&lt;/p&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;</description></item><item><title>Loan Advance</title><link>http://prairielaw.com/forums/thread/501911.aspx</link><pubDate>Sat, 28 Aug 2010 05:21:18 GMT</pubDate><guid isPermaLink="false">cbeb030d-bab6-4a2c-9831-ca1feaac8ba9:501911</guid><dc:creator>DShanas</dc:creator><slash:comments>2</slash:comments><comments>http://prairielaw.com/forums/thread/501911.aspx</comments><wfw:commentRss>http://prairielaw.com/forums/commentrss.aspx?SectionID=12&amp;PostID=501911</wfw:commentRss><description>&lt;p&gt;&lt;strong&gt;I own an authorized shipping center. (fedex, ups, &amp;amp; postal) My store for the last 6 months have had a slow time with the economy down, so when I was called at the store from an advance loan co., I guess salesman or whatever, I was hesitant in borrowing, but he said the money was UNSECURED and it was deducted from my Credit Card machine transactions. He said if we close then its their loss, money would be gone, etc etc. &lt;/strong&gt;&lt;/p&gt;
&lt;p&gt;&lt;strong&gt;I figured that was easy enough, so after about 3 or 4 calls from this guy he talked into the loan advance.&amp;nbsp; After I signed all the paperwork and faxed it back, I received the money in a few days.&amp;nbsp; It helped out catching up the bills, &amp;nbsp;but then when I checked my bank online as I do EVERY day I saw they had re-instated the LLC I had dissolved a year earlier which I told the loan company when I signed the paperwork that I was now a sole proprietor and no longer an LLC.&amp;nbsp; I could not believe they did this without me consenting!&amp;nbsp; I called them and told the guy I spoke to several times before and asked why he did this and he said the loan had to be under the LLC!&lt;/strong&gt;&lt;/p&gt;
&lt;p&gt;&lt;strong&gt;Well, I should have been told this before cause it messed up&amp;nbsp;a lot of things. Such as, &amp;nbsp;IRS already had me as a sole proprietor now when I faxed them the change last year!&amp;nbsp; Bank knew it, and so did all other Vendors I dealt with.&amp;nbsp; Then I was lied to on other things. There was supposed to be 14% of my CC sales each day deducted to repay loan, and they took 18% a day!&amp;nbsp; I may have did the wrong thing, but I was mad at the time and changed my CC processing company back to my old one and changed my bank acct # so they wouldn&amp;#39;t get anymore from me until I got an explanation.&amp;nbsp;&lt;/strong&gt;&lt;/p&gt;
&lt;p&gt;&lt;strong&gt;Now,&amp;nbsp;after 1 week of not processing with this loan co, they send me a letter saying if I dont pay this loan it will sent to collections, and they have the power and rights to collect all monies owed to them, blah blah.&amp;nbsp; Another lie the salesman told me cause what happened to &amp;quot;I don&amp;#39;t pay back anything if I close&amp;quot;&amp;nbsp;&amp;nbsp; What are my legal rights in this?&amp;nbsp; I&amp;nbsp;am not doing much business and may have to close as I told them a week ago.&amp;nbsp; What does this &amp;quot;unsecured loan mean&amp;quot;?&amp;nbsp; Can they collect it through a third party as they say and ruin my credit?&amp;nbsp; Its so much jargon in those contracts they give you, its hard to understand.&amp;nbsp; Thanx for listening..:)&amp;nbsp;&lt;/strong&gt;&lt;/p&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;</description></item><item><title>How to collect after winning an arbitration?</title><link>http://prairielaw.com/forums/thread/501846.aspx</link><pubDate>Fri, 27 Aug 2010 20:38:51 GMT</pubDate><guid isPermaLink="false">cbeb030d-bab6-4a2c-9831-ca1feaac8ba9:501846</guid><dc:creator>Tin Cup</dc:creator><slash:comments>1</slash:comments><comments>http://prairielaw.com/forums/thread/501846.aspx</comments><wfw:commentRss>http://prairielaw.com/forums/commentrss.aspx?SectionID=12&amp;PostID=501846</wfw:commentRss><description>&lt;p&gt;I have won an arbitration for about $500,000 (my life savings) after dealing with what I call my own mini-Madoff. I did it myself since I could not afford what an attorney told me would be a minimum of $80,000 to handle. &lt;/p&gt;
&lt;p&gt;Now comes the collection part which I really don&amp;#39;t understand. At the time of all the bad business one of the men involved sold two of his very expensive homes and transfered money into his wife&amp;#39;s name. Now I understand this is what is called a fraudulent transfer. How do you go after those funds? How about the house he now lives in - how do you put a lien on it? How about tracking more of my money that I am sure he has hid away? Does anyone have any idea where to turn for this type of help? (I still don&amp;#39;t have money for an attorney since I have not been able to collect yet)&lt;/p&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;</description></item><item><title>Mandatory charges by school</title><link>http://prairielaw.com/forums/thread/501779.aspx</link><pubDate>Fri, 27 Aug 2010 16:17:08 GMT</pubDate><guid isPermaLink="false">cbeb030d-bab6-4a2c-9831-ca1feaac8ba9:501779</guid><dc:creator>jaming</dc:creator><slash:comments>6</slash:comments><comments>http://prairielaw.com/forums/thread/501779.aspx</comments><wfw:commentRss>http://prairielaw.com/forums/commentrss.aspx?SectionID=12&amp;PostID=501779</wfw:commentRss><description>&lt;p&gt;Hello this is jaming,&lt;/p&gt;
&lt;p&gt;I&amp;#39;m a&amp;nbsp; 50 year old student at South University online&amp;nbsp; since 2008 and the standard practice was that studenbts can purchase textbooks or eBooks. Several months ago they introduced texbooks in the classroom for a fee. I used this once and hated it because it required more time in front of the monitor to read the chapters, research, complete assignment and post it in the classroom. This also increased the frequency of my migraines from the extended time in fron of the monitor.&amp;nbsp; I normally rent my books through chegg.com it cost less and provides the opportunity to physically go back to a page to reinforce and study and does not affect my eyes as using online textbook.&amp;nbsp; I continnue to rent my books and have not accessed any digital textbook through the classroom furthermore not all books are available through the school&amp;#39;s digital access. Now the school has made it mandatory regardless if you use their digital books or not, so if you purchase your books you are forced to pay for this. I think this decision was made as a way for the school to maintain and generate extra revenue with the mandatory stand as a way to justify their decision and ensure that this revenue is ongoing indefinitely. This only affects online students.&amp;nbsp; What happen to having the option of choosing our own form of textbooks, not everyone cares to read books from a computer screen and why should online student forfeit their rights because the school cares only about the generated revenue?&amp;nbsp; Furthermore the fact that this option results in increasing my migraine is not part of my returning to school. I have addressed te issue through my academic advisor to the school board and they do not care they stand of mandatory charges remain.&amp;nbsp; I feel this is unethical to charge for something that I am not using especially under the circumstances. Is this legal and what can I do to stop it? &lt;/p&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;</description></item><item><title>Cheated by "friend" Need Advice!</title><link>http://prairielaw.com/forums/thread/501524.aspx</link><pubDate>Thu, 26 Aug 2010 18:29:37 GMT</pubDate><guid isPermaLink="false">cbeb030d-bab6-4a2c-9831-ca1feaac8ba9:501524</guid><dc:creator>Transient5</dc:creator><slash:comments>2</slash:comments><comments>http://prairielaw.com/forums/thread/501524.aspx</comments><wfw:commentRss>http://prairielaw.com/forums/commentrss.aspx?SectionID=12&amp;PostID=501524</wfw:commentRss><description>&lt;p&gt;Last year I opened a coffee shop with a &amp;quot;friend.&amp;quot;&amp;nbsp; He had an LLC already formed to manage a band.&amp;nbsp; This wasn&amp;#39;t working out, so when we started planning the coffee shop he suggested using this LLC.&amp;nbsp; We both signed the lease, business license etc. This being my first business, I took his word for it that signing these forms were enough to solidify my interest in the business.&amp;nbsp; No accounts for the business had been set up, so I was paying rent and construction costs from my personal account.&amp;nbsp; As we got closer to opening, he began recording everything he did or spent in the records, but leaving my contributions out.&amp;nbsp; He claimed he had put much more into the business than he really did.&amp;nbsp; Even though he knew what I spent, he didn&amp;#39;t record it.&amp;nbsp; Shortly after we opened I received a Mututal Release Agreement asking me to agree not to sue in exchange for my money back and an amount based on my previous work as a landscaper.&amp;nbsp; It said I had no interest in the company, and if I even went on the property I would be treated as a trespasser.&amp;nbsp; I consulted with an attorney who insisted I did have an interest in the company, but warned my &amp;quot;friend&amp;quot; could drag this out and make it very expensive.&amp;nbsp;He did just that.&amp;nbsp; Eventually,I was advised to drop the issue and pursue getting my money back and compensation by suing for negligent misrepresentation, unjust enrichment, and wages.&amp;nbsp; I have not filed yet, but another employee won a judgement for the companys failure to pay wages.&amp;nbsp; He has now transffered the assets of the business to himself.&amp;nbsp; He also took out a new business license under a new LLC.&amp;nbsp; It does not look like he transfered anything to the new LLC, he just changed the name on the license.&amp;nbsp; My attorney insists a judgement against the original company is worthless if they have no assets, and a judgment against this guy personally would be &amp;quot;extremely complicated.&amp;quot;&amp;nbsp; Is it really this easy to steal? How can I go after my investment and be compensated?&amp;nbsp; Do businesses get away with this just by Transfering assets to a new company? Do the claims my attorney is suggesting sound effective? Thanks for any help.&lt;/p&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;</description></item><item><title>Business Partner was a THIEF!</title><link>http://prairielaw.com/forums/thread/500837.aspx</link><pubDate>Tue, 24 Aug 2010 04:39:36 GMT</pubDate><guid isPermaLink="false">cbeb030d-bab6-4a2c-9831-ca1feaac8ba9:500837</guid><dc:creator>partnerfraud</dc:creator><slash:comments>1</slash:comments><comments>http://prairielaw.com/forums/thread/500837.aspx</comments><wfw:commentRss>http://prairielaw.com/forums/commentrss.aspx?SectionID=12&amp;PostID=500837</wfw:commentRss><description>&lt;p&gt;I need help. I was a partner in a very successful restaurant. Over the course of 7+ years my partner&amp;nbsp;progressively took way more than his share of the profits. Eventually, with the economy having a severe impact on my other sources of income, I was put in a legal predicament (divorce) whereas I had to agree to sell him my share of the restaurant at VERY unfavorable terms, because I had to have access to some funds or face serious legal ramifications on my end. (sale was completed a few months ago, BEFORE the most recent tax return was completed) Now it has been brought to my attention that he took 90% of the profits from 2009, and also had negated dividends from previous years (he got his share, but wrote off mine the proceeding year; we are an S-Corp). I believe this clearly constitutes fraud and enables me to go after him even though I sold him my share of the business this year. Any thoughts? Also, I need to find an experienced business attorney in Massachusetts that has experience in these matters. Any &amp;amp; all help will be greatly appreciated!&lt;/p&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;</description></item><item><title>Can a suspended corporation hold executive session meeting?</title><link>http://prairielaw.com/forums/thread/500678.aspx</link><pubDate>Mon, 23 Aug 2010 17:31:34 GMT</pubDate><guid isPermaLink="false">cbeb030d-bab6-4a2c-9831-ca1feaac8ba9:500678</guid><dc:creator>Invalid-User-Name</dc:creator><slash:comments>1</slash:comments><comments>http://prairielaw.com/forums/thread/500678.aspx</comments><wfw:commentRss>http://prairielaw.com/forums/commentrss.aspx?SectionID=12&amp;PostID=500678</wfw:commentRss><description>&lt;p&gt;(California)&lt;/p&gt;
&lt;p&gt;Can a California corporation that is suspended by the Secretary of State hold an executive session meeting to discuss legal matters?&lt;/p&gt;
&lt;p&gt;&amp;nbsp;&lt;/p&gt;
&lt;p&gt;&amp;nbsp;&lt;/p&gt;
&lt;p&gt;Thank you.&lt;/p&gt;
&lt;p&gt;&amp;nbsp;&lt;/p&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;</description></item><item><title>Forming an LLC in another state</title><link>http://prairielaw.com/forums/thread/500491.aspx</link><pubDate>Sun, 22 Aug 2010 19:20:25 GMT</pubDate><guid isPermaLink="false">cbeb030d-bab6-4a2c-9831-ca1feaac8ba9:500491</guid><dc:creator>deewilk</dc:creator><slash:comments>9</slash:comments><comments>http://prairielaw.com/forums/thread/500491.aspx</comments><wfw:commentRss>http://prairielaw.com/forums/commentrss.aspx?SectionID=12&amp;PostID=500491</wfw:commentRss><description>&lt;p&gt;Howdy,&lt;/p&gt;
&lt;p&gt;I have an online-only business that I want to register as an LLC. I have no physical location, no office space and no other employees. I&amp;#39;ve read that registering in a place like Nevada or Wyoming offers the best privacy and price. I currently reside in California. Will I run into any headaches by registering the LLC in Nevada and not California? The prices alone make Nevada a much more attractive option, and as I mentioned, I&amp;#39;m also very attracted to the privacy aspect.&lt;/p&gt;
&lt;p&gt;What are the benefits of registering in Nevada over California? I appreciate your patience. I&amp;#39;m in my early 20s and I&amp;#39;m just a year into my first profitable business venture. &lt;/p&gt;
&lt;p&gt;Cheers,&lt;br /&gt;Dee&lt;/p&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;</description></item><item><title>Non-compete agreement</title><link>http://prairielaw.com/forums/thread/499691.aspx</link><pubDate>Thu, 19 Aug 2010 00:14:25 GMT</pubDate><guid isPermaLink="false">cbeb030d-bab6-4a2c-9831-ca1feaac8ba9:499691</guid><dc:creator>Kelly20</dc:creator><slash:comments>6</slash:comments><comments>http://prairielaw.com/forums/thread/499691.aspx</comments><wfw:commentRss>http://prairielaw.com/forums/commentrss.aspx?SectionID=12&amp;PostID=499691</wfw:commentRss><description>&lt;p&gt;I have split business equipment with the son of my partner who passed away. His father paid for 1/2 of this equipment. I also had him sign a 2 year non compete agreement listing names and addresses of my accounts. 8 days after the exchange, I learned that he had given, sold, traded the equipment to his friend and roommate. He took over one of my accounts. Now he is trying to take a second account from me. Do I have any recourse? Thank in advance!&lt;/p&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;</description></item><item><title>Foreign Company in Guam planning to purchase an existing bus</title><link>http://prairielaw.com/forums/thread/499737.aspx</link><pubDate>Thu, 19 Aug 2010 07:54:52 GMT</pubDate><guid isPermaLink="false">cbeb030d-bab6-4a2c-9831-ca1feaac8ba9:499737</guid><dc:creator>Laarni</dc:creator><slash:comments>6</slash:comments><comments>http://prairielaw.com/forums/thread/499737.aspx</comments><wfw:commentRss>http://prairielaw.com/forums/commentrss.aspx?SectionID=12&amp;PostID=499737</wfw:commentRss><description>&lt;p&gt;Hi there! I hope there&amp;#39;s anyone here who can help me out. A newly registered foreign&amp;nbsp;corporation engaged in employment services is planning to purchase an existing bar locally owned by an individual. The initial plan is to be a shareholder but the seller is registered as a sole proprietorship. Is it possible? Should they decide to change it to partnership the buyer wants 90% of stocks and the remaining 10% will remain to the existing owner at the same time hiring her as the manager while training the new key employee of the buyer. Once the foreign corporation&amp;#39;s employee is fully trained, the foreign company will buy all the stocks. My question is, what about the license and permits? What do you think is the best option for this scenario? Any suggestion will be greatly appreciate. &lt;/p&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;</description></item><item><title>Not enforcing the Business License Law</title><link>http://prairielaw.com/forums/thread/499698.aspx</link><pubDate>Thu, 19 Aug 2010 00:49:41 GMT</pubDate><guid isPermaLink="false">cbeb030d-bab6-4a2c-9831-ca1feaac8ba9:499698</guid><dc:creator>RightOnTarget</dc:creator><slash:comments>10</slash:comments><comments>http://prairielaw.com/forums/thread/499698.aspx</comments><wfw:commentRss>http://prairielaw.com/forums/commentrss.aspx?SectionID=12&amp;PostID=499698</wfw:commentRss><description>&lt;p&gt;What would you do if you were told that a city does not enforce the business license law. If they told you that they did not have the resources to enforce this law. But they told you that they do have the resources to go after you and make you pay.&amp;nbsp; How would you feel? Not only that, how would you feel if you were informed that if you tried to seek and punish those who are not in compliance with this law. Then your fees would be increased. What would you feel like doing if you were threatened like this? Should I open my mouth, or walk away with my tail between my legs?&lt;/p&gt;
&lt;p&gt;&amp;nbsp;&lt;/p&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;</description></item><item><title>Consequential Damage - Vehicle Recalled Item</title><link>http://prairielaw.com/forums/thread/498793.aspx</link><pubDate>Sun, 15 Aug 2010 01:00:18 GMT</pubDate><guid isPermaLink="false">cbeb030d-bab6-4a2c-9831-ca1feaac8ba9:498793</guid><dc:creator>LG81</dc:creator><slash:comments>4</slash:comments><comments>http://prairielaw.com/forums/thread/498793.aspx</comments><wfw:commentRss>http://prairielaw.com/forums/commentrss.aspx?SectionID=12&amp;PostID=498793</wfw:commentRss><description>&lt;p&gt;I apologize for the length of this post, but I am stressed out (both&amp;nbsp;becaue of costs and because of what could have happened):&lt;/p&gt;
&lt;p&gt;&lt;strong&gt;Background:&lt;/strong&gt;&lt;/p&gt;
&lt;p&gt;Yesterday, one of the lower ball joints on my vehicle broke.&amp;nbsp; Thankfully, I was only traveling 3 mph because I was turning into a parking lot to get gas.&amp;nbsp;I heard this horrible noise, but the tire pressure light was not on.&amp;nbsp; I exited the vehicle, and looked at all four tires, and they were fine.&amp;nbsp; Knowing something was horribly wrong, however, I pulled out of harm&amp;#39;s way (approximately 10 yards at 5 mph) but it was nearly impossible to steer.&amp;nbsp; The tire at that ball joint completely imploded and smoke arose at the rim.&amp;nbsp; It was so loud that the folks at a national oil-change chain store heard it four blocks away (and this was on a very busy street), that the entire team came over to try and help.&amp;nbsp; They recognized immediately it wasn&amp;#39;t just a blow out, but that the ball joint had&amp;nbsp; completely come out of its socket. I had it towed to a dealership for the manufacturer.&amp;nbsp; (I purchased the 2005 brand new but in another state and have relocated to two states since for my work.)&amp;nbsp; I was 80 miles from home and it was late at night, so I stayed in a hotel overnight (and also incurred a reasonable expense for dinner out).&amp;nbsp; I also now have rental car expense through Tue&amp;nbsp;because the dealership does not stock the parts; they will arrive in the Monday night shipment.&lt;/p&gt;
&lt;p&gt;Had I been traveling on the free-way I travel everyday (speed-limit is 75 mph) when this happened, I could have totalled the vehicle (at best) or have been seriously injured or killed (at worst).&amp;nbsp; When the ball joint breaks and the tires seizes up like that, a vehicle will go in a direction all its own.&lt;/p&gt;
&lt;p&gt;&lt;strong&gt;Question:&lt;/strong&gt;&lt;/p&gt;
&lt;p&gt;Should I have to pay for the consequential damage?&lt;/p&gt;
&lt;p&gt;On this model the lower ball joints were recalled.&amp;nbsp; The dealership is not going to charge me for the ball joints (the broke one plus the other), but the quote has charges for all of the collateral damage (rim, tire, etc.).&amp;nbsp; Because it&amp;#39;s a 4x4, it&amp;#39;s better that I replace all tires so they have the same tread.&amp;nbsp; Although the tires were in good shape, I&amp;#39;m okay with paying for the tires (except the one that blew).&amp;nbsp; However, I feel that it is unfair for me to pay for the expensive rim and that particular tire.&amp;nbsp; Although I doubt I&amp;#39;d never win, I believe the OEM should pay for the incidentals (hotel and rental car).&amp;nbsp; As for the recall, it occurred two years after manufacture, but I did not receive notification.&amp;nbsp;&amp;nbsp; I understand how things get lost in the mail, etc., but when I went to another authorized dealer for the same OEM last summer, they input my VIN, etc. and never advised of any recall.&amp;nbsp; When I had an unexpected issue occur (while sitll under warranty) in late 2007 related to the back breaks, I specifically asked the OEM if there were any recalls on this vehicle as was told &amp;quot;no.&amp;quot;&lt;/p&gt;
&lt;p&gt;What&amp;#39;s reasonable?&amp;nbsp; And should I contact the OEM directly or try to deal with the dealership preparing the repair.&amp;nbsp; And what is legal?&amp;nbsp; Is it reasonable for me to request reimbursement for the rental (since the dealer has no loaners), the hotel (I stayed in a cheap one), etc?&lt;/p&gt;
&lt;p&gt;Thanks.&lt;/p&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;</description></item><item><title>Multiple LLC setup </title><link>http://prairielaw.com/forums/thread/496660.aspx</link><pubDate>Fri, 06 Aug 2010 00:12:00 GMT</pubDate><guid isPermaLink="false">cbeb030d-bab6-4a2c-9831-ca1feaac8ba9:496660</guid><dc:creator>tosh</dc:creator><slash:comments>4</slash:comments><comments>http://prairielaw.com/forums/thread/496660.aspx</comments><wfw:commentRss>http://prairielaw.com/forums/commentrss.aspx?SectionID=12&amp;PostID=496660</wfw:commentRss><description>&lt;p&gt;Want to start a property management company which includes painting, lawncare and cleaning.&lt;/p&gt;
&lt;p&gt;How do I set up a holding company(Parent company with no business activities of its own) for all three LLCs? Can it be another LLC?&amp;nbsp;&lt;/p&gt;
&lt;p&gt;Will the holding company be liable for any lawsuits from the other companies?&lt;/p&gt;
&lt;p&gt;There will be only 1 owner. Want to have my son take care of all of them as a manager using the holding company.&amp;nbsp;&lt;/p&gt;
&lt;p&gt;Will workers be able to go from one LLC to the next i.e cleaner can do some yardwork?Would this require me to pay them from the holding company?&lt;/p&gt;
&lt;p&gt;The secretary who takes care of all three companies -how is she paid?&lt;/p&gt;
&lt;p&gt;How will my son be paid for managing all three companies -&amp;nbsp;separately&amp;nbsp;or from holding?&lt;/p&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;</description></item><item><title>2003 breach of revenue sharing agreement</title><link>http://prairielaw.com/forums/thread/498565.aspx</link><pubDate>Fri, 13 Aug 2010 18:33:02 GMT</pubDate><guid isPermaLink="false">cbeb030d-bab6-4a2c-9831-ca1feaac8ba9:498565</guid><dc:creator>walkerman</dc:creator><slash:comments>1</slash:comments><comments>http://prairielaw.com/forums/thread/498565.aspx</comments><wfw:commentRss>http://prairielaw.com/forums/commentrss.aspx?SectionID=12&amp;PostID=498565</wfw:commentRss><description>&lt;p&gt;Hello from California&lt;/p&gt;
&lt;p&gt;in 2003 I had a revenue sharing agreement with a company in St Augustine ,Florida. (#1)This agreement was tied to a marketing rights agreement for a window treatment product/company located in Woodbridge ,Ontario, Canada. (#2)This agreement was in force for approx 8 years when the company in Canada (#2)decided to sell. Subsequent agreements were reached based on revenue information submitted by company #1 &amp;amp; #2. I have come to learn that company #1 brokered the sale of company #2 and received a substantial commission not represented in the revenue sharing statements in which our severance deal was established.&amp;nbsp; I also was unjustly leveraged to sign off my agreement with company # 2 to get the revenue agreed&amp;nbsp;to company #1.The purchasing company of company # 2 is located in Swanee Georgia. The comany #2 I believe sold for approx $60 million , the approx commission earned by company #1 was approx 6 million. I do not have the money to pursue this matter however am willing to provide a substantial retainage % to the advocate who is willing to pursue this case.&lt;/p&gt;
&lt;p&gt;Therefore I need an advocate who will:&lt;/p&gt;
&lt;p&gt;- Pursue the terms of sale verifying the actual sale price of company 2&lt;br /&gt;-Pursue the actual commission paid and who too?&lt;br /&gt;-Pursue an agressive legal position ,notification and possible litigation against company #1 &lt;/p&gt;
&lt;p&gt;I feel the cost to just verify how this sale went down and where commissions were paid will be minimal compared to the payoff potential to the advocate who is willing to take this on.&amp;nbsp; I also feel if a strong approach is taken a settlement is possible reducing liabilities to us both. This is an ideal opportunity and based on credible evidence.&lt;/p&gt;
&lt;p&gt;Please help &lt;/p&gt;
&lt;p&gt;&lt;br /&gt;&amp;nbsp; &lt;/p&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;</description></item><item><title>pending lawsuit for defamation of charater</title><link>http://prairielaw.com/forums/thread/496019.aspx</link><pubDate>Tue, 03 Aug 2010 13:37:32 GMT</pubDate><guid isPermaLink="false">cbeb030d-bab6-4a2c-9831-ca1feaac8ba9:496019</guid><dc:creator>teammom</dc:creator><slash:comments>4</slash:comments><comments>http://prairielaw.com/forums/thread/496019.aspx</comments><wfw:commentRss>http://prairielaw.com/forums/commentrss.aspx?SectionID=12&amp;PostID=496019</wfw:commentRss><description>&lt;p&gt;I recently terminated my store manager for several rule violations and a jail sentence.&amp;nbsp; I&amp;#39;ve caught wind that this person is planning to sue me for defamation of character.&amp;nbsp; Now, no one who works for me knows the reason why he was terminated and no one else outside of my store knows except myself and my attorney.&amp;nbsp; The problem is he is supposedly is rounding up people I don&amp;#39;t even know or talk to to testify that I was discussing this matter with them.&amp;nbsp; He has a criminal background and is just a dirt bag and the problem is he is not going to be able to find a job easily because of this background...basically he is trying to prove that I&amp;#39;m the reason he cant find a job.&amp;nbsp; He actually has no character whatsoever.&amp;nbsp; Does this person have a good chance at winning a case like this?&amp;nbsp; As I stated, he has no character, has a criminal background, is on welfare, and cant find a job.&amp;nbsp; He is just looking at me as his meal ticket.&amp;nbsp; Can someone help?&amp;nbsp;&amp;nbsp; Thank you.&lt;/p&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;</description></item></channel></rss>