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Andrew Daniel Myers

Andrew Myers’s Answers

12,965 total


  • How to write a business plan?

    I have online action apparel store

    Andrew’s Answer

    Business planning is crucial to all new commercial endeavors, home businesses, storefronts and larger operations. Unfortunately, bankruptcies and business failures continue to prevail in the ongoing sluggish economy. So, having a solid written business plan including a number of basic elements will increase the likelihood of survival.
    Define the business. List products or services and where and how you will deliver them. I’ve observed folks struggle with a “mission statement” which is often an exercise in grammatical ping pong and interpretation of words. This is not what you need. Clearly define for yourself and others what you will do.
    Market research. Is there a need for the service? Business planning evaluates the actual demand for the good or service you will provide in your location. Too often I’ve heard “We thought it was a good idea.” Not good enough.
    Where will business come from? Are there computer searches for this product or service? Are there others from whom you can trade referrals? Identify all potential business sources such as others in similar, non-competitive endeavors. Introduce yourself, and your plans. Determine if mutual referrals will help you both.
    Marketing and advertising. Without a plan to initiate new business, what’s the point? Web marketing is crucial. This can be done relatively inexpensively if you talk to several different providers before making a commitment. Having a pretty web page is less important than optimizing it and making your web presence easily available to potential customers. Don’t overlook print. Some types of business benefit from distributing flyers at events attended by potential customers. Be creative. But, target your marketing. If you think marketing and advertising are dirty words, then having your own business is not for you.
    Financing. Shop around for low cost loans. Consider that in general, the first year you will lose money. With luck and planning you may break even the second year and start to turn a profit the third.
    Never cash in the 401K or other retirement to start a business. 4 out of 5 new businesses fail. You and/or your loved ones WILL need your retirement. Do not gamble with life savings. This is always a bad idea. Better that you seek loans that are affordable.
    Entity creation is wise. Seek legal advice as to whether a limited liability company, a corporation or some other form of business entity is best for you. If you neglect to correctly establish your entity, there are uniform partnership and limited liability company acts that may be imposed to resolve disputes. These “one size fits all” statutes may not be friendly when you get into trouble with partners or creditors.

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  • Can someone sue you for a gift they gave you?

    I was given patio furniture from a friend who bartered for it from a referral I gave the friend.

    Andrew’s Answer

    A gift is irrevocable. Three legal elements must exist to complete a valid gift. If they all exist, a gift is irrevocable. That means the giver can’t get it back. The elements are: (1) donative intent (2) delivery, or giving of the gift and (3) acceptance of the gift. In your case it is hard to say whether this was a true gift, there are more facts and circumstances that could change my answer, beyond a one sentence posting. It seems there was intent, there also appears be completed delivery and acceptance. If all three elements are there you have an irrevocable gift. However, again this feels more like a payment for an exchange of services. This could invoke a contract analysis, possibly, and they may be claiming that the referral was bogus, therefore there was a lack of consideration and the contract is not valid or is revocable. Not enough facts here to complete the analysis. I wish you the best.

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  • If I do hair do I still use my tax paper as my income verification for filing bankruptcy. I make about 16000. yearly

    If I do hair do I still use my tax paper as my income verification for filing bankruptcy. I make about 16000. yearly

    Andrew’s Answer

    Income is disclosed in your bankruptcy petition in three ways. First on the Statement of Financial Affairs. Second on the "Means Test". And third, on Schedule I. Schedule I looks forward in time, but can be based on your past earnings if that is an honest prediction of what you will make in the months ahead. The "Means Test" looks backwards over the 6 calendar months prior to the date of filing. The Statement of Financial Affairs also looks backwards and for that and the "Means Test" your taxes are your best reference if that is your only income. Here's more on income in bankruptcy: http://www.attorney-myers.com/2012/06/bankruptcy-means-test-chapter-7/ You must also remember to report all of your income no matter how it comes to you. I highly advise that you retain an experienced bankruptcy attorney in your jurisdiction, the money you pay can save you many headaches down the road.

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  • How do I work with a debt collector?

    I spoke with a debt collector today who said they mailed me a notification of the debt 5 months ago. I do not recall seeing this, but I believe this debt to be accurate. They were insistent that I give them my bank info, and we agreed on a monthl...

    Andrew’s Answer

    You are correct to be very cautious dealing with debt collectors. By law, the debt collector is required to give you a verification of the underlying debt if you request the same within 30 days after initial contact by the bill collector. You should never give them your bank account number for obvious reasons, nor should you send them a check out of your bank account because now they have the bank account information. If you agree to any terms you should only send a money order or bank check. There's much more for you to know about dealing with them, here's a summary: http://www.attorney-myers.com/2015/07/debt-collection-harassment/ I wish you the best with this and follow your instinct to be cautious. Knowledge of they Fair Debt Collection Practices Act will help.

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  • I slipped and fell in a jacuzzi and cracked my elbow in Mass. but i was told i cant sue for pain and suffering cause they aren't

    I held onto railing but put my foot inside and ot was like oily on the step there was no tred safe on the step but there was in the pool

    Andrew’s Answer

    Everyone is an expert. I hear it all the time, "you cant sue because ...." We never got that explanation in your posting. Or, conversely, I know someone with a case "just like mine" and they got a million dollars. So, unless you actually obtain a consultation with an experienced personal injury attorney in the jurisdiction where the accident took place, it's all speculation. And the guys on Wall Street taught us what happens when we speculate. So, find an experienced personal injury attorney in the jurisdiction to look at all of the facts. I will say that any slip and fall case, including a Jacuzzi claim, presents its own unique challenges and here is why I say that: http://www.attorney-myers.com/2012/03/slip-and-fall-liability/ Do not delay, the longer you wait to get a consultation, the colder the evidence gets.

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  • How many personal injury cases go to trial with insurance companies?

    My lawyer made settlement demand after deposition. No response from insurance co. lawyer by date requested. Does this mean it will go to trial?

    Andrew’s Answer

    It is true that the majority of personal injury claims settle prior to trial. A case can settle at any point along the way. Settlement occurs in many cases before a lawsuit is initiated. But once a case is filed the parties on both sides are ethically bound to proceed as though the case will go to trial. To directly answer your question I have seen statistics claiming to show that the numbers are in the 90 percent plus range of cases that settle without trial. But, cases do go to trial, the courthouses are open every day, Monday through Friday. Understand that the system we have is adversarial. Here's what that means: http://www.attorney-myers.com/2014/08/adversarial-system-law-can-defeat-claims/ Once an insurance company gets so far invested in a case that it has done discovery and depositions, in my experience, they are unlikely to settle unless something happens in discovery to impress them that a big verdict is likely. So, as litigation attorneys refer to it, at that point, the company is willing to "roll the dice" and try the case.

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  • My HIPPA, and COBRA rights have been violated many times by my ex-wife, who is an E.R. Nurse. The last episode was in open court

    I can not find anyone who handles this law...I am a disability rretired Paramedic, due to a gunshot wound, and a head injury. I have the court tastimony proving this case, as she did it the last time under oath in open court.

    Andrew’s Answer

    HIPAA, or the Health Insurance Portability and Accountability Act provides for the ease of transfer of medical information, with certain protections amongst health insurers and providers. In order to release medical information, providers must receive HIPAA compliant authorizations signed either by the patient or a valid representative such as a guardian. But here's the unfortunate deal: HIPAA does not provide a private right of action for violation of the regulations. This may be why you can't find anyone to help you with the matter. Here's more on HIPAA: http://www.attorney-myers.com/2012/05/personal-injury-authorizing-release-of-medical-records-hipaa/ Two final notes (1) Instead of HIPAA, focus on potential violation of state privacy laws, (2) In most cases persons testifying in a court case are given immunity from libel liability.

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  • I got food poisoning in Yonkers , NY & I live in Stamford, CT. I was hospitalized 4 days in Stamford, should I legally pursue it

    I have reported this incident to Yonkers Health dept. And this happened in February 2015?

    Andrew’s Answer

    Where you have a claim that is now at this point five months old, yes you should pursue the matter. Food poisoning claims have their own challenges but unless you retain an experienced personal injury attorney to look into the case, you'll never know. Reporting the incident to the local health department is a good first step in pursuing the claim. Make sure that you consult with an attorney licensed in the state where the injury took place. Here's how retaining an experienced personal injury attorney optimizes your claim: http://www.attorney-myers.com/2013/08/optimizing-personal-injury-claim-stepping-it-up/ My recommendation is to go ahead and consult an attorney in the jurisdiction where the injury took place sooner rather than later so that the case can be fully pursued. I wish you the best.

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  • What if someone uses a friends vehicle without permission and pulls out in front of another car causing injury.

    The person taking the vehicle also has suspended license.

    Andrew’s Answer

    The details behind the question will dictate the answer. In other words, is the person posting the question someone who has been injured by a motor vehicle operator driving without permission, or is this posted by someone driving without permission now realizing that this was not such a great idea. I know that people often don't like "attorney answers" but the problem here is that state law varies widely on this subject and often individual policy language and very minor distinctions in the facts can have a big difference. Here's what I mean: http://www.attorney-myers.com/2015/05/unauthorized-drivers-auto-insurance-and-disclaimer-of-coverage/ So, best contact an experienced personal injury attorney to help dig up the facts and the law and give a better answer. I wish you the best.

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  • What are the conditions for Auto insurance PIP payment ?

    I have an Employer funded (Self Funded) health insurance (is that same as ERISA plan ?) Had a car accident (100% other party's fault and major damage to car) and suffered whiplash . Went to a Chiropractor and getting good results. The Ch...

    Andrew’s Answer

    If you have been injured in a car accident in Massachusetts, the "no fault" law requires that either your own insurer or the insurer of the vehicle in which you were a passenger must pay $8,000 in Personal Injury Protection or "PIP" benefits. However, as you've indicated in this question, despite the clear language printed in the coverage selections page that your insurance agent provided when you purchased the insurance coverage, PIP pays only $2,000 if you have health benefits. Since the 1970's when PIP was first enacted by the Massachusetts legislature, and 1989 when it was substantially amended by the legislature, there have been many court interpretations of this flawed law. Essentially, yes, PIP should pay co pays and the accident related medicals NOT paid by your health carrier. Here is more on the PIP law in Massachusetts: http://www.attorney-myers.com/2013/11/massachusetts-pip-personal-injury-protection/ The legislature's goal in passing the PIP "no-fault" law was to reduce litigation. But, in fact, the opposite has happened. I wish you the best and hope this has provided insight.

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