Michael Duane Cross Jr.'s Answers

Michael Duane Cross Jr.
Alpharetta Contracts / Agreements Lawyer.
Contributor Level 10

3

Attorney answers:

  1. Michael Duane Cross Jr.
  2. John Gage Breakfield

Seller has a lien on the title

Asked by a user in Atlanta, GA - over 2 years ago.

Your options are (1) to have the seller return your earnest money, (2) to buy the house and require the seller to satisfy the outstanding liens from the proceeds, (3) to buy the house, pay the tax liens if the proceeds are not sufficient, and sue the seller for any additional amounts for the liens (and perhaps fora ttorneys' fees as well). FYI -- I'm not your lawyer, and this isn't legal advice. This is merely general information designed to allow you better to undersand the legal issues...

1 lawyer agreed with this answer

3

Attorney answers:

  1. Glenn M. Lyon
  2. Michael Duane Cross Jr.
  3. Alan James Brinkmeier

Type Of Business License

Asked by a user in Conyers, GA - over 2 years ago.

You should form a limited liability company. Each year, you should review the revenues you expect for the next year to determine whether you should elect to be taxed as a C corporation or an S corporation instead of as a partnership (which is the default treatment of multi-owner LLCs). There are two significant reasons for this recommendation. First, with an LLC you have the flexibility to choose the best tax treatment. Second, you'll have more protection if your "partner" suffers a...

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4

Attorney answers:

  1. Michael Duane Cross Jr.
  2. Paula Jeanette Mcgill
  3. Daniel Scott Wright
  4. Robert John Murillo

A business loan is in default. Does Ga have a time constraint to act upon this default legally?

Asked by a user in Atlanta, GA - over 2 years ago.

Yes, Georgia does have a time constraint. Generally, you have 4 years to pursue the breach of an oral contract, 6 years to pursue the breach of a written contract, and 20 years to pursue the breach of a written contract executed under seal. It would be foolish to wait this long, however, as (i) sometimes witnesses become unavailable and documents are lost over time and (ii) there are other claims in additiona to breach of contract that have much shorter time limitations, some of which may be...

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2

Attorney answers:

  1. Michael Duane Cross Jr.
  2. Keith Samuel Hasson

Can the insurance get money after the case was closed?

Asked by a user in Alpharetta, GA - almost 3 years ago.

There's a difference between a criminal case and a civil case. The vandalism you describe led to a criminal case, which resulted in the penalty of community service and restitution. The insurance company likely still has the right to pursue a claim in civil court. The concept on which the insurance company relies is subrogation. Whenever an insurance company pays its customer for damage caused, the insurer receives the right to pursue the wrongdoer on behalf of the victim in civil court....

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Attorney answers:

  1. Michael Duane Cross Jr.
  2. Okorie Chukwudimm Okorocha

Are verbal agreements binding in state of GA

Asked by a user in Cumming, GA - over 3 years ago.

No. Verbal agreements can be binding in Georgia. Your lease agreement would probably treated as a month to month tenancy. Assuming you've been paying your rent, the landlord probably myst provide 60 days notice before terminating the lease. The landlord definitely cannot physically remove you from the property. Check with a local attorney who handles lease matters for more info. Disclaimer: I'm not your attorney, and this isn't legal advice.

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Attorney answers:

  1. Michael Duane Cross Jr.

Can I sue or file a civil case against someone who has committed adultry with my spouse? If so, is there a statue of limitation

Asked by a user in Atlanta, GA - almost 3 years ago.

The most likely, possible claim is one for "alienation of affection," though I've never handled such a claim. You would probably need to contact a domestic law or family law attorney.

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2

Attorney answers:

  1. Michael Duane Cross Jr.
  2. Keith G Langer

Can my company sue me in NJ court according to the agreement?

Asked by a user in Lawrenceville, GA - over 1 year ago.

Probably yes. If there is a valid forum selection clause in the contract (which is the provision where you identify the state and perhaps county or district where lawsuits can or should be filed), then you can be subject to a lawsuit in the selected state. There are some exceptions to this general rule, however. For example, for years, Georgia courts routinely ignore forum selection clauses involving Georgia citizens who sign non-compete agreements purporting to apply Georgia law and...

3

Attorney answers:

  1. Glenn M. Lyon
  2. Michael Duane Cross Jr.
  3. Barry F Gartenberg

Does the irs allow you to have two seperate EINs if you own two seperate businesses?

Asked by a user in Commerce, GA - over 1 year ago.

Yes, though the better approach for legal and tax reasons almost always is to form two separate companies, with each company owning a separate business. There are many potential advantages, including: (1) You may desire to have the companies taxed differently (i.e., C corporation, S corporation, partnership, or sole proprietorship) to arrange your affairs to have less exposure to tax liability; (2) You can make certain that any liability that arises with respect to one business doesn't...

3

Attorney answers:

  1. Michael Duane Cross Jr.
  2. Glenn M. Lyon
  3. Dana Howard Shultz

Can a Foreign national open a LLC/company in Georgia? Can he run an online company while living outside the country ?

Asked by a user in Atlanta, GA - almost 2 years ago.

Absolutely, though it can be a bit more difficult, as more rules, limitations, etc., apply. For example (and these are just a few): -- The LLC likely could not make an S election (if the foreign national is deemed a non-resident alien); -- There could be additional tax withholding requirements; and -- There might be practical difficulty in moving money from the US LLC to another country. You'll need to make sure you coordinate with a good attorney and a good banker to ensure everything...

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Attorney answers:

  1. Michael Duane Cross Jr.

I participated in a fraternity's scholarship pageant on february 28, 2010. The entire process took from October 2009 until Febru

Asked by a user in Atlanta, GA - almost 2 years ago.

I'm not sure the University has any liability, though you may have a claim against the fraternity. You'll need to review the pageant rules and guidelines very carefully to determine whether you have a breach of contract claim against the fraternity.