Theodore Andrew Spaulding's Answers

2 yrs ago I used a wrong acct. no for a clients tax returns. The company paid what was owed but now want to sue me. Can they?

Under a negligence cause of action likely not because the statute of limitations is 2 years. If they are suing you for indemnity then you would need to look at the indemnification clause in your employment contract if you had one with the company. Even under an indemnity cause of action, there may only be a two year statute of limitation. What theory of recovery did they allege in the Complaint? Did you have an employment contract that governed your relationship with the company?...

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How can I remove my name and my business name from a bank fraud I dont have anything to do with it

First thing is to look at any account records you received from BOA at the time you opened the account to see if there is language discussing the internal process of disputing issues with your account. I would then send a letter to whomever it lists to explain the situation further so you have something in writing explaining your situation. Next, you need to contact the OCC (Office of the Comptroller of the Currency) and go through their process of notifying them of the situation. Finally, I...

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I have one company (sole proprietorship) with 6 brands. Is an umbrella a good idea?

I agree with my colleagues. There are a lot of variables and you need to discuss all of them with a business lawyer in Georgia to determine what is the best course. If you would like to speak to me further about this, you can reach me at (770) 887-3162 or visit my firm's business law website at www.businesslawyerinatlanta.com. You can also search for business attorneys through Avvo. Good luck. Theodore Spaulding, Esq. Boling Rice LLC

A7yr old entered an unfenced yard and was bit by a dog that was on a run. Are the dog's owners liable for medical bills?

The previous answers are right on the money. One other question is why did the child enter the yard? Was she there to play with the owners kids etc. or was she on the property without permission of the owners (trespassing). If she just randomly walked into the yard, then she will likely be considered a trespasser and it will be even harder to prove liability on the part of the owners for the attack. Also, insurance will likely not cover the incident even if there is negligence if she is...

Which is the right business entity for my small business?

I agree that an LLC is likely the best option for you. You need liability protection given that you will be entering others' property etc. There are generally two ways you can set up the LLC for tax purposes---a simple LLC structure for a sole member LLC which will make it a pass through entity for taxes purposes (LLC is not filing tax return just you individually and paying all self-employment taxes) or you can make an election such as the S Corporation election once you set up the LLC where...