Mark Jason Rose's Answers

Can creditors put a lien on a house in both my name and my husbands if the credit card debt is in my name only?

In general your individual debt (i.e. individual credi cards, contracts to which you alone sign, etc.) is your individual liability. They would typically not be able to garnish funds held as husband and wife or put a lien on a home held as tenants by the entirety. The facts of a specific situation may affect each parties liability. Please feel free to contact me for a more in depth analysis of your specific situation.

2 people marked this answer as helpful

Can partners be charged criminally for grand theft or fraud

As answered previously, this is more ofa civil situaiton than a criminal one. That being said, if there is a shareholders' agreement or other corporate contract which outlines how the accounts are to be handled, the use of other accounts as you have described could be a breach of that shareholder agreement. Should you incur liability as a result of these other business partners actions, you would likely have a civil claim against them as a result of their potential breach of contract. Of...

1 person marked this answer as helpful

When starting personal trainng & group exercise biz what is best company structure?

Based on your business venture, I would say that a corporation would be inappropriate. Typically a corporation would be preferable if you were looking to raise capital by selling shares of the corporation. However, an LLC (limited liability company) offers similar individual protection to a corporation, but is ideal for 1 or few "shareholders", which are called "members" in an LLC. I would recommend you consult a tax professional regarding any tax consequences or advantages you may be able...

1 person marked this answer as helpful

I am trying to start a internet sales business and have a sales tax id. Do I need to form a company? if so what type?

It may be prudent to utilize a certain type of business entity to protect yourself individually. Similarly you can register your entity with the State under a "fictitious name" so that you can operate under a name other than your "official" entity name. If you would like more assistance with this matter, please do not hestitate to contact me. Sincerely, Mark J. Rose, Esq., M.B.A. mrose@roiglawyers.com

1 person marked this answer as helpful

Florida contract law, can I sue car dealer for misrepresentation over car that I bought

Mr. Harrington's questions are correct. What was represented to you when you purchased the car? If in fact there were representations that this car was new, and these representations are substantiated by sales agreements, you likely have a potential for compensation. There are both state and federal laws about odometer disclosure and misrepresentation. Please let me know if I can provide more information or if I could assist you with this matter. Mark J. Rose, Esq., M.B.A. www....

1 person marked this answer as helpful

Fraud, Forgery, Identity Theft and Insurace Fraud.

Feel free to give me a call and perhaps I can get some more information to help you with this matter. I have a number of attorneys in my firm that specialize in defending against insurance fraud. Mark J. Rose mrose@roiglawyers.com (954) 462-0330

Is the amount that I pay back to the medical insurer under subrogation laws considered a medical expense for tax purposes?

Mike, I will try to point you in the right direction, however I am not a tax professional and I do not know all of the facts of your situation. First, settlements received for personal injuries are untaxable. You will not pay income on the money you receive in your settlement. Therefore, you likely can't take a deduction for the money you re-pay to satisfy the subrogation lien in your case. I would advise you to contact a C.P.A. for further assistance. I can refer you an experienced tax...

Florida has county court that your claim can be up to $15000.00, and be your own lawyer. How didicult is this. filing forms etc

Litigation can be a confusing process, however it doesn't have to be. If you are going to handle a matter in small claims court, the most important thing is to keep all of your documents organized. Maintain files just as a lawyer would and retain copies of all correspondence sent to the opposing parties. You can pick up literature and forms to assist you in proceeding with your small claims matter at the County Court. Mark J. Rose, Esq., M.B.A. www.MarkJRoseLaw.com

New tenant nightmare

First, without a complete review of the lease agreement and all of the relevant facts, it's hard to really give you a thorough answer. Tenants can take remedial actions and deduct this from rent in certain situations, however here there is a clear dispute to the necessity of such action. The tenant may be frustrating you in an an attempt to have you break the lease and thus release the tenant from his obligations under the terms of the lease. I would recommend you contact an experienced...

As owner of a small business corporation am I responsible personally for debt incured by corporation ?

Mr. Goldman is correct. The facts of each scenario heavily affect an individual's liability, however one of the benefits of the corporate entity is limited personal liability. Despite this, if funds are commingled between your individual accounts and corporate accounts or other corporate formalities are disregarded, you may have individual liability for debts that seemingly belong to the corporation. You should discuss these issues with a corporate lawyer for a full evaluation of your...