Brian J Ladouceur JR's Answers

Can I take money out of a business partnership bank account? It is 1/2 under my name.

A lot appears to be at issue in your questions so you may need a lawyer to sort it all out and determine how to obtain the info and results you want with the lowest legal risk. Entity type: In your question you refer to a 50/50 business partnership with your sibling. Most times people set up a LLC (limited liability company), however if that is not what was done then it could be a common law partnership situation. If you’ve formed an LLC and have a signed operating agreement then that...

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What should my next step be in the recovery of unpaid service fees?

Given the amount of money involved ($40,000), the contract jurisdiction provision (Connecticut), and contract provision allowing for collection of attorneys fees, it is advisable to speak with a business litigation attorney in Connecticut. Generally, if the target defendant is in Connecticut (and presumably has few / any assets outside the state) proceeding with a case in a foreign state (Florida) will likely result in an appearance default that when brought to Connecticut (to become a...

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Should I except an invitation to gain limited control over my website form the person who developed it?

While “limited control” may be a step in the right direction, it is important to verify now (in writing) that per your agreement you (after paying the developer for its services) own both the domain name (website address) and all the code and content that makes the site operate. A common misperception of businesses that hire an outside website design resource is that the business “owns” the IP (intellectual property) rights because it paid for that work. Absent a written agreement...

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Did my landlord brake the lease?

In addition to the Connecticut attorney’s answer above, you may also want to consider sending a formal written notice (send it certified mail, return receipt so you can prove the date of the landlord’s receipt) of the defects you describe so they are either corrected or if not provide you legal grounds to terminate your lease. Essentially, a Connecticut tenant may terminate his lease upon 1) properly notifying a landlord in writing of a defect impacting the tenant’s health or safety, and 2)...

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I live in CT and have a unpaying roommate.

Your paralegal roommate, as a month by month tenant, is protected under Connecticut law (even though it’s only an oral agreement). Essentially the Oral Lease renews at the beginning of each month (and terminates at month end) so as landlord a tenant maybe evicted if rent is not paid by the 10th of the month or alternatively may be evicted at month end when the landlord decides it doesn’t want the tenant to occupy the premises any longer. HOWEVER, an empty threat is unproductive (especially...

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I was terminated for policy voilations which the state of Connecticut found untrue. I won my unemployment case can I sue?

Congratulations on winning your unemployment case but unfortunately that is generally not a sign that you’d have a strong enough case to “sue” (for presumably wrongful termination). A civil case and an unemployment case have different standards and rules in play. For example, presuming you’re an “employee-at-will” your employer could have terminated you for any reason (as long as not discriminatory) or for no reason at all. If it did that then generally the terminated employee qualifies...

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Does an executrix have the power to make changes to the will as far as distribution of assets?

While it’s nice your mom entrusted you with the reasonability to manage her affairs after her death, it is regrettable that your siblings are at odds with what your mom wanted you to do once she was gone. As an executrix / administrator you do not need to be alone in administering your mom’s estate. If you do not have an attorney already helping to probate the estate in Connecticut you can hire one on behalf of the estate and the cost of those services (as well as the accounting, funeral and...

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What are my options?

You should consult an attorney to review the specific contract and change orders to determine your rights and whether you are legally obligated to pay for the extra costs specified in the second work order. For some background you can read my prior AVVO answer on a similar question (http://www.avvo.com/legal-answers/i-sign-a-landscaping-proposal--contract-but-there--710671.html#answer_1186923) in addition to reviewing my Staff Pick Guide titled Protecting Connecticut Homeowners from Home...

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A consultant in FL was paid to update a business plan. It wasn't done. How can I get the money payed refunded?

Unless the Florida consultant has assets or other business interest in Connecticut, you may be best served to find a Florida attorney to consult with and pursue your case. For example, Florida counsel can advise you whether or not your small claims default (presumably less than $5,000) can be “domesticated” (i.e. enforced) against the consultant in Florida. Caution: If the judgment is against the old consultant company (and not the consultant personally) then collecting money will be...

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Can an attorney help

If your move was within the Connecticut border (In-state) then the mover is regulated by the Connecticut Department of Transportation. If the move is between states (Interstate) the mover is regulated by the U.S. Department of Transportation. Look at the Contract and/or Bill of Lading to see if you've agreed to arbitrate the dispute in which case you'd be prohibited from filing a small claim and/or civil lawsuit. Also beware of waiting too long or not properly making a notice of claim to...

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