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Brian J Ladouceur JR

Brian Ladouceur’s Answers

138 total


  • How to serve a lawsuit on this defendant? Only a PO Box is known in Connecticut.

    I'm serving a civil suit on a company who operates on behalf of a landlord that is listed as an LLC and doesn't have a physical address. I traced the company back to an address in Stamford, CT. I need to sue to recover rent, and want to sue for da...

    Brian’s Answer

    In Connecticut every Limited Liability Company (LLC), Corporation, and Partnership is required to register with the Connecticut Secretary of State and to update annually its information and notify the Secretary of any agent change. You can look up a specific businesses information by searching it at http://www.concord-sots.ct.gov/CONCORD/online?sn=PublicInquiry&eid=9740">http://www.concord-sots.ct.gov/CONCORD/online?sn=PublicInquiry&eid=9740.

    In Superior Court service needs to be made by a disinterested person, typically a Connecticut State Marshal. In small claims suits service can be made by certified mail return reciept, national courier (FedEx UPS) delivery confirmed or disinterested person / State Marshal. Each entity type has specific requirements on who gets served, such as the Agent of Service for an LLC yet an Officer for a Corporation. See http://www.cga.ct.gov/current/pub/chap896.htm">http://www.cga.ct.gov/current/pub/chap896.htm

    Remember for residential return of security deposit claims Connecticut's $5,000 small claims limit is raised to $10,000 so that forum may be worthwhile to look into. Plus certain punitive damages may also be available so look fully into all your claim rights.

    If the adverse party / defendant is likely to hide and be uncooperative then a good State Marshal will know the ins and out a to make good service so the initiation / start of your lawsuit can survive challenge.

    Good luck with your claims.

    If you've found my answer helpful and informative then below please designate it as a “Best Answer” or mark that you “Agree”.

    Disclaimer: The foregoing answer does not create an attorney-client relationship. This answer does not constitute legal advice, is provided for informational and educational purposes only for persons interested in the subject matter, is not legal opinion, nor confidential in nature. Each situation is fact specific and may be subject to state specific laws. Without a comprehensive consultation and review of all the facts and documents at issue it is impossible to evaluate a legal problem fully.

    See question 
  • What are my legal rights as part owner of a business?

    Back in 2000 or so I purchased 25% of a business that was local. I invested money into this business but due to circumstances out of my control I had left working on the business, but never gave up my rights. Come to find out, the other owners (...

    Brian’s Answer

    It’s advisable to contact a business law / litigation attorney to evaluate your business interest and make appropriate demands for payment upon the other owners. Generally as an owner you would be entitled by contract, statutory law or both to have notice of a business sale, the right to vote on that sale, and if approved (even against your wishes) to be entitled to any business profits and fair value of your interest. If majority rule (50%) is what is required then your 25% could not have stopped the sale but you certainly would be entitled to 25% of the value of the business sold. If by agreement unanimous approval to sell was required (100%) then sale without your approval is not proper so certain added rights to compensation (beyond your 25% stake) maybe available.

    Each business has different rules regarding meeting notices, who they were sent to, when they were sent, what actions must occur to approve the sale, and how any money received from the sale must be distributed. A good business law / litigation lawyer can review, evaluate and discuss with you what rights you have.

    If the business is a Limited Liability Company then it and its managers and members (owners) must follow the Connecticut Limited Liability Company Act (CT General Statutes Title 34, Chapter 613) http://www.cga.ct.gov/current/pub/chap613.htm LLC’s often have an agreement between the members (and the LLC) called an Operating Agreement that will also control what rights a member has to meeting notices, voting rights, the sale of the business an distribution of any money.

    If the business is a Corporation then it and its officers, directors and shareholders (owners) must follow the Connecticut Business Corporation Act (CT General Statutes Title 33, Chapter 601) http://www.cga.ct.gov/current/pub/chap601.htm Corporation’s often have special rules called By-Laws that control what rights a shareholder has to meeting notices, voting rights, the sale of the business and distribution of any money.

    For example, in an LLC (per CGS Sec. 34-152) profits shall be allocated among the members and (per CGS Sec. 34-208) when the LLC business affairs are winding up the remaining assets of the LLC must be distributed to the members. In a Corporation (per CGS Sec. 33-831) any sale leaving no significant continuing business activity requires shareholder approval and (per CGS Sec. 33-856) if such a sale occurs a shareholder has required appraisal rights to obtain fair payment for his shares. There are many other grounds where action can be taken to recover what is rightfully yours, so engaging an attorney’s help protect your rights.

    If you contact me I'd be happy to discuss your case further to see if its something we maybe able to assist with or refer you to another attorney that might be able to assist.

    If you've found my answer helpful and informative then below please designate it as a “Best Answer” or mark that you “Agree”. 

Disclaimer: The foregoing answer does not create an attorney-client relationship. This answer does not constitute legal advice, is provided for informational and educational purposes only for persons interested in the subject matter, is not legal opinion, nor confidential in nature. Each situation is fact specific and may be subject to state specific laws. Without a comprehensive consultation and review of all the facts and documents at issue it is impossible to evaluate a legal problem fully.

    See question 
  • What are my legal rights as part owner of a business?

    Back in 2000 or so I purchased 25% of a business that was local. I invested money into this business but due to circumstances out of my control I had left working on the business, but never gave up my rights. Come to find out, the other owners (...

    Brian’s Answer

    It’s advisable to contact a business law / litigation attorney to evaluate your business interest and make appropriate demands for payment upon the other owners. Generally as an owner you would be entitled by contract, statutory law or both to have notice of a business sale, the right to vote on that sale, and if approved (even against your wishes) to be entitled to any business profits and fair value of your interest. If majority rule (50%) is what is required then your 25% could not have stopped the sale but you certainly would be entitled to 25% of the value of the business sold. If by agreement unanimous approval to sell was required (100%) then sale without your approval is not proper so certain added rights to compensation (beyond your 25% stake) maybe available.

    Each business has different rules regarding meeting notices, who they were sent to, when they were sent, what actions must occur to approve the sale, and how any money received from the sale must be distributed. A good business law / litigation lawyer can review, evaluate and discuss with you what rights you have.

    If the business is a Limited Liability Company then it and its managers and members (owners) must follow the Connecticut Limited Liability Company Act (CT General Statutes Title 34, Chapter 613) http://www.cga.ct.gov/current/pub/chap613.htm LLC’s often have an agreement between the members (and the LLC) called an Operating Agreement that will also control what rights a member has to meeting notices, voting rights, the sale of the business an distribution of any money.

    If the business is a Corporation then it and its officers, directors and shareholders (owners) must follow the Connecticut Business Corporation Act (CT General Statutes Title 33, Chapter 601) http://www.cga.ct.gov/current/pub/chap601.htm Corporation’s often have special rules called By-Laws that control what rights a shareholder has to meeting notices, voting rights, the sale of the business and distribution of any money.

    For example, in an LLC (per CGS Sec. 34-152) profits shall be allocated among the members and (per CGS Sec. 34-208) when the LLC business affairs are winding up the remaining assets of the LLC must be distributed to the members. In a Corporation (per CGS Sec. 33-831) any sale leaving no significant continuing business activity requires shareholder approval and (per CGS Sec. 33-856) if such a sale occurs a shareholder has required appraisal rights to obtain fair payment for his shares. There are many other grounds where action can be taken to recover what is rightfully yours, so engaging an attorney’s help protect your rights.

    If you contact me I'd be happy to discuss your case further to see if its something we maybe able to assist with or refer you to another attorney that might be able to assist.

    If you've found my answer helpful and informative then below please designate it as a “Best Answer” or mark that you “Agree”. 

Disclaimer: The foregoing answer does not create an attorney-client relationship. This answer does not constitute legal advice, is provided for informational and educational purposes only for persons interested in the subject matter, is not legal opinion, nor confidential in nature. Each situation is fact specific and may be subject to state specific laws. Without a comprehensive consultation and review of all the facts and documents at issue it is impossible to evaluate a legal problem fully.

    See question 
  • I have email records I need to use in court, how do I do that?

    After " getting hold of " email records from both sides of some conversations , I would like to introduce them in court as full proof non - hearsay evidence . I am sure the other person was going to say they were fake , so I went about getti...

    Brian’s Answer

    If you’ve not already reviewed the Connecticut Practice Rules (http://www.jud.ct.gov/pb.htm) and Connecticut Code of Evidence (http://www.jud.ct.gov/Publications/Code2000.pdf) it maybe worth doing carefully to prepare for Court. Article 10 and Article 8 are some key parts of the Code of Evidence to focus on.

    Trial preparation and evidence admission strategy are two areas where having an experienced attorney will be helpful, especially because a case can turn on one piece of evidence if properly admitted.

    Generally, with documents (including emails) the most important step is to have at Court a testifying witness who can directly and with personal knowledge establish the email is reliable and authentic. Once that hurdle is overcome to admit the evidence the document must be shown to be admissible under the law, primarily overcoming hearsay objections from the adverse party.

    For example, if offered for the truth of the matter asserted in the email (i.e. the contents of the email) then one popular way to admit and email is to show its non-hearsay evidence because it contains a party’s own admissions (i.e. is offered against the party, is a statement made by the party [individually or in some representative capacity] and is offered to show its an admission by the party against its own interest.).

    If an e-mail cannot be admitted for its truth, another popular evidence strategy is to offer it not for its truth but rather to establish certain events, discussions have occurred at certain times that are relevant to other party actions or witness testimony.

    If dealing with a party that is a business, another popular way to admit an email is under the business record exception to the hearsay rule. For example, showing email was made by an employee about a business matter, and that the employer imposed a duty upon the employee to create such a record, and that the business regularly maintained records of such type in its regular activities.

    There are many other strategies and hearsay rule exceptions that too numerous to highlight. That is why a carefully reading of the rules and/or having an experienced attorney at trial is recommended. Good luck.

    If you've found my answer helpful and informative then below please designate it as a “Best Answer” or mark that you “Agree”.

    Disclaimer: The foregoing answer does not create an attorney-client relationship. This answer does not constitute legal advice, is provided for informational and educational purposes only for persons interested in the subject matter, is not legal opinion, nor confidential in nature. Each situation is fact specific and may be subject to state specific laws. Without a comprehensive consultation and review of all the facts and documents at issue it is impossible to evaluate a legal problem fully.

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  • I am 63 yrs. old work as a general manager in a fast food Restaurant. My Insurance benefit was discontinued due to too expensive

    I was told in February that as of 03/01 my insurance will be dropped. There are 4 other general managers( younger) in the franchise their benefits not effected. I had to get another policy which takes time I told the office that I will pay for th...

    Brian’s Answer

    It’s advisable to consult an attorney because determining “options” in an employment law situation can be tricky and requires a review of specific facts (job roles, age of other managers, hours worked, etc.) Plus, do not delay pursuing the matter because if appropriate claims are not made to protect certain employment rights within tight timeframes (statutory deadlines) then those claims can be lost forever.

    Generally, an employer is not presently required to offer insurance (including health) as an employee benefit. Under Obamacare (Affordable Care Act) in 2014 certain size employers will have to pay a fee if they don’t offer health insurance coverage to full time employees (30 hours+), yet still they are not required (yet) to offer insurance.

    While an employer may generally offer insurance (including health) to certain broad categories of workers and not others (i.e. full-time vs. part-time, salary vs. hourly) they are not permitted to discriminate within those categories as between similarly situated employees. Consistency within the employee classification is key so that such policies are neutral as to age, gender, race, etc and do not discriminate against older employees by denying coverage / enrollment in an employer sponsored plan.

    In Connecticut (and federally for larger employers) if such insurance policies (which can be viewed as employment related benefits / privileges) are shown to be discriminatory, or have a disproportionate impact on older workers, then an action could be brought under State Law and/or Federal Law under Connecticut Age Discrimination Laws and/or the federal Age Discrimination in Employment Act (ADEA).

    As you are age 62 (and close to age 65) if you covered an older spouse on the plan, there maybe other aspects to such a denial of insurance that could also be pursued.

    Speaking with an attorney may identify other possible remedies and claims available to you in the form of demands, lawsuit or administrative action.

    If you contact me I’d be willing to evaluate if your request is something we can assist with or provide you a referral to another attorney that maybe able to assist.

    If you've found my answer helpful and informative then below please designate it as a “Best Answer” or mark that you “Agree”.

    Disclaimer: The foregoing answer does not create an attorney-client relationship. This answer does not constitute legal advice, is provided for informational and educational purposes only for persons interested in the subject matter, is not legal opinion, nor confidential in nature. Each situation is fact specific and may be subject to state specific laws. Without a comprehensive consultation and review of all the facts and documents at issue it is impossible to evaluate a legal problem fully.

    See question 
  • Can my employer change my job title/position along with my responsibilities without my permission?

    I have been working retail for 6 months, and I do enjoy my job as a department associate. Today I was informed that it seems the assistant manager for the store has changed me from a department associate to a cashier which completely changes my re...

    Brian’s Answer

    • Selected as best answer

    Yes, and employer is generally free (absent an employment agreement or collective bargaining agreement) to change the roles, responsibilities and compensation (within limits) of employment. Most people’s relationship with an employer is as an “At-Will Employee”. That means the employee may leave and/or the employer may terminate the relationship at any time, for any reason, or for no reason at all (as long as its not for a discriminatory purpose or violate some other law or regulation).

    Be advised that if someone quits their job after such a role / responsibility change then generally they will NOT be entitled to unemployment compensation. However, in some rare cases if termination of employment occurred due to “Good Cause attributable to the employer” ( DOL Sec. 31-236-19) (i.e. relates to wages, hours or working conditions) then compensation could be awarded. http://www.ctdol.state.ct.us/appeals/ctregs.htm#31-236-19. A specific analysis of the person’s circumstances (including health) and their specific employment circumstances would be needed to determine whether a chance exists to overcome the strong likelihood unemployment compensation would ever be awarded.

    If you've found my answer helpful and informative then below please designate it as a “Best Answer” or mark that you “Agree”.

    Disclaimer: The foregoing answer does not create an attorney-client relationship. This answer does not constitute legal advice, is provided for informational and educational purposes only for persons interested in the subject matter, is not legal opinion, nor confidential in nature. Each situation is fact specific and may be subject to state specific laws. Without a comprehensive consultation and review of all the facts and documents at issue it is impossible to evaluate a legal problem fully.

    See question 
  • Money issue

    In November 2012, my landlord asked me (I'm the owner of a carpentry firm) whether my company could perform a job renovating a restaurant for an associate of his. He was recommended by a very well known project manager who does million-dollar jobs...

    Brian’s Answer

    DON’T DELAY and contact an attorney ASAP because depending on when you completed the restaurant renovation (i.e. approached about job in Nov 2012) your best chance to get paid (recording a Mechanic’s Lien) is slipping away (if not already passed).

    MECHANIC LIEN: In Connecticut, pursuant to Conn. Gen. Stats. § 49-34, to assert a Mechanic’s Lien a compliant certificate must be (a) recorded by the town clerk in the town the property is located within 90-days of ceasing to perform services or furnish materials, and (b) served upon the owner of the property within 30 days of lodging (recording) that certificate. What constitutes “ceasing to perform services or furnish materials” is a detailed and complex analysis that an experienced attorney can only make upon review of facts specific to the case. That “end date” will determine when the 90- days expires. A timely Mechanic’s Lien can enable the contractor (including a subcontractor) to claim a lien against the property and take direct action against the property owner for compensation. You may also have claims against the project manager, general contractor that an experienced business law attorney can also explore.

    LANDLORD GUARANTY: Depending on the renovation debt amount and amount of your monthly rent owed to the Landlord, if you can get Landlord to sign in writing forbearance of your rent owed to it, that maybe the easiest and best way to get compensated for the services you provided.

    As far as suing the Landlord for its guaranty that could be a major problem that an experienced attorney can explore further with you. For example, in Connecticut (per Conn. Gen. Stat. §52-550 - Statute of frauds) “No civil action may be maintained…unless the agreement, or a memorandum of the agreement, is made in writing and signed” for an action “against any person upon any special promise to answer for the debt, default or miscarriage of another”. In other words if someone guarantees the debt of another that guaranty is essentially worthless unless it is in writing and signed by the person. There are limited exceptions or other theories that might bind a person to such a promise, but specific case facts and analysis by an attorney would be needed to fully evaluate.

    If you've found my answer helpful and informative then below please designate it as a “Best Answer” or mark that you “Agree”.

    Disclaimer: The foregoing answer does not create an attorney-client relationship. This answer does not constitute legal advice, is provided for informational and educational purposes only for persons interested in the subject matter, is not legal opinion, nor confidential in nature. Each situation is fact specific and may be subject to state specific laws. Without a comprehensive consultation and review of all the facts and documents at issue it is impossible to evaluate a legal problem fully.

    See question 
  • Can a title loan company legally repossess my vehicle if the loan is fraudulent?

    I found out my ex took out a title loan on my car without my knowledge or consent. I also found out he has used my identity for many other things (car loans, a credit card, utilities, etc). I've managed to clear up some of this on my own. However...

    Brian’s Answer

    Meeting with an Attorney would help determine the loan type and determine different ways to defend a threatened repossession. Proof of the validity of the underlying debt (i.e. the loan was validly entered by you) and corresponding security interest in the vehicle are essential elements the LENDER must prove. Sending by US Mail a certified mail, return receipt letter (that they will have to sign for) to the Lender maybe helpful so later you can show they acted recklessly in repossessing the vehicle despite you having delivered “actual notice” to them of the fraudulent loan (identity theft).

    Generally in Connecticut, if the loan is a retail installment contract CGS § 36a-785 establishes the repossession procedure whereby the lender must give actual notice at least 15 days prior to repossessing the vehicle and will then set a time period the vehicle must be kept prior to public auction / sale. If however, the loan is not a retail installment contract, and rather a secured transaction, then other laws (i.e. Conn. Gen. Stat. § 42a-9-109) apply to the process that must be followed to repossess a vehicle.

    Speaking with an attorney may help sort your rights out to protect your property.

    If you've found my answer helpful and informative then below please designate it as a “Best Answer” or mark that you “Agree”.

    Disclaimer: The foregoing answer does not create an attorney-client relationship. This answer does not constitute legal advice, is provided for informational and educational purposes only for persons interested in the subject matter, is not legal opinion, nor confidential in nature. Each situation is fact specific and may be subject to state specific laws. Without a comprehensive consultation and review of all the facts and documents at issue it is impossible to evaluate a legal problem fully.

    See question 
  • Unpaid service in CT

    In 2012 my company had done finish carpentry work in Stamford , CT ( including ceiling , cabinets , bars , entrance door , bathroom shelves , decorating details ) based on the architectural design project . The work was completed in Novem...

    Brian’s Answer

    DON’T DELAY and contact an attorney ASAP because if “work was completed in November 2012” the deadline to record a Mechanic’s Lien (you’re strongest remedy to collect) is slipping away (if not already passed).

    In Connecticut, pursuant to Conn. Gen. Stats. § 49-34, to assert a Mechanic’s Lien a compliant certificate must be (a) recorded by the town clerk in the town the property is located within 90-days of ceasing to perform services or furnish materials, and (b) served upon the owner of the property within 30 days of lodging (recording) that certificate. What constitutes “ceasing to perform services or furnish materials” is a detailed and complex analysis that an experienced attorney can only make upon review of facts specific to the case. That “end date” will determine when the 90- days expires.

    A timely Mechanic’s Lien can enable the contractor (including a subcontractor) to claim a lien against the property and take direct action against the property owner for compensation. You may also have claims against the project manager, general contractor that an experienced business law attorney can also explore.

    Also, even if the project manager failed to properly contract with the homeowner (i.e. it was in violation of the Connecticut Home Improvement Contractor Act (HICA) a recent Connecticut Appeals Court case ruled that even when the primary contractor (GC) failed to take steps to protects its own rights, a subcontractor had his own right to collect its debt so long as the homeowner had not paid in full for the project.

    Beware for future projects that you may do directly with homeowners that as a finished carpentry contractor the Connecticut HICA would apply to those relationships and therefore strictly compliance with that Act is required. What is considered “home improvement” can be found in CGS §20-419 (http://www.cga.ct.gov/2011/pub/chap400.htm#Sec20-419.htm)

    A good overview (from a consumer perspective) of what rights a consumer has under the Act against a violating contractor can be found in my Article (Staff Pick) at http://www.avvo.com/legal-guides/ugc/protecting .

    If you've found my answer helpful and informative then below please designate it as a “Best Answer” or mark that you “Agree”.

    Disclaimer: The foregoing answer does not create an attorney-client relationship. This answer does not constitute legal advice, is provided for informational and educational purposes only for persons interested in the subject matter, is not legal opinion, nor confidential in nature. Each situation is fact specific and may be subject to state specific laws. Without a comprehensive consultation and review of all the facts and documents at issue it is impossible to evaluate a legal problem fully.

    See question 
  • Do I need to reimburse my health insur. comp. (or the dr.s they paid) for the treatment received from slip and fall?

    Fell on ice at my apartment complex, done with treatment and about to sign waivers/get settlement check. Do I have to reimburse my health insurance (or will they take payment back and I need to pay doctors directly) out of my settlement check? N...

    Brian’s Answer

    Even with smaller cases it’s advisable to involve an attorney who will help determine early on what liens may exist and who can negotiate payment of those obligations as part of the settlement, even increasing the settlement to maintain or enhance the injured person’s net recovery.

    Typically if an injured person has private health insurance through a larger employer then their coverage often times will be provided under an ERISA insurance plan. That ERISA (Employee Retirement Income Security Act of 1974) plan will have proper language that entitles the insurance carrier to priority reimbursement over an injured party’s settlement award. In other words your medical insurance gets reimbursed from your injury settlement for the money they’ve paid for your medical care related to your injuries BEFORE you get any money.

    While many small employer plans are NOT ERISA insurance plans (i.e. they are NOT entitled to a priority lien) determining whether a plan is entitled to reimbursement or not can be a tricky inquiry. Most personal injury attorneys at the beginning of the case will write to the health insurance provider advising them of the potential personal injury matter and demanding it notify them the amount and basis for any claimed lien. If a lien is claimed then the attorney can negotiate the lien down and/or challenge certain charges that may not be related to the injury care (i.e. regular doctor visit, flu, unrelated injury, etc.).

    Also beware that in Connecticut the DAS (Dept. of Administrative Services) Collections Recovery Unit pursues recoveries from windfalls such as lawsuits, inheritances, and the estates of deceased recipients for any individuals that have applied and received state aid from state run health programs (Husky Health / Charter Oak) - Medicaid / Medicare programs, from various state agencies departments of Social Services (DSS), Mental Health and Addiction Services (DMHAS), Children and Families (DCF), or Developmental Disabilities (DDS), and from persons sentenced to serve a jail term by a Connecticut court (incarceration). http://www.cga.ct.gov/2010/rpt/2010-R-0444.htm A request can be made to DAS whether any additional lien exists or not.

    You should fully understand what liens may exist before signing anything and settling the claim. It is also not too late to involve an attorney for assistance in the case. Good luck.

    If you've found my answer helpful and informative then below please designate it as a “Best Answer” or mark that you “Agree”.

    If you’d consider using my services I’d be willing to meet you for a no charge consultation and discuss and understand your problem. If based upon our meeting it’s a matter I believe we can help you with and you want to pursue then we can then discuss an agreed upon financial arrangement and course of action for future representation.

    Disclaimer: The foregoing answer does not create an attorney-client relationship. This answer does not constitute legal advice, is provided for informational and educational purposes only for persons interested in the subject matter, is not legal opinion, nor confidential in nature. Each situation is fact specific and may be subject to state specific laws. Without a comprehensive consultation and review of all the facts and documents at issue it is impossible to evaluate a legal problem fully

    See question