be documentation filed somewhere to prove these partnerships?
The following are a few possible ways to determine who the owners are of a particular business venture: (1) review the public records on file with the county recorder and/or treasurer in an effort to determine the owner of any real property, (2) review the secretary of state's web page in an effort to determine the owner's of the business at issue, (3) review the person's tax return to determine sources of income, (4) conduct discovery to determine the identity of the owners (partner, member, shareholder) of a particular busienss. In order to get a response as to some of these methods to obtain information, you might need to initiate a lawsuit or a discovery action. This is because an adverse person does not have to voluntarily turn over to you any information responsive to your request.
This answer is not meant to offer legal advice or create an attorney-client relationship.See question
I gave my online business to a new owner. My ex-partner is currently managing that business. I would like to protect myself from any debts that he has incurred prior to and since the title transfer. The current manager had agreed to pay off existi...
It is a bit difficult to answer your questions based on the little bit of facts provided. I guess the first question is - was the sale of your business memorialized with any type of written agreement? If so, the terms of that agreement would control. The second question is - did you sell the stock in the business or just the assets of the business? If you just sold the assets of the company, do you still retain any type of ownership interest in the selling business entity? These are just a few of the questions that need to be resolved.
Also, it is relatively standard that when selling substantially all of the assets of a business that the parites insert a provision into the agreement regarding responsibilities for liabilities incurred prior to and after the sale and transfer of the assets. It is typical that the seller is responsible for any liabilities incurred prior to the sale and transfer of the assets and the purchaser is repsonsible for any liabilities incurred after the sale and transfer of the assets. The provisions further state that, for example, if the liability is incurred after the sale and transfer then the purchaser agrees to defend and indenify the seller for any such liability. If litigaiton is a common experience in your industry, it is not uncommon to include some sort of hold back of a portion of the purchase price for a certain time period to ensure that the purchaser abides by its contractual obligations of defense and indemnifcation.
These are just a few of the issues that need to be reviewed and addressed in helping to assist you with your legal issues.
This response is not meant to offer legal advice or create an attorney-client relationship.See question
do I have any rights to stop this from happening ?
I agree with the other post that the terms of your lease agreement will apply. If you do not have a specific lease term or your lease term has run out and you pay your rent one time a month, then you are a month to month tenant. If this is the case and you are not in default of any of the lease terms, then the landlord would have to give you thirty days notice to leave. If you have a written agreement, the terms of the agreement will set forth at what time or for what reasons the agreement can be terminated.
The fact that the landlord wants to start the same or very similar business as to what you are doing, unless you have an agreement that does not allow him to start any type of similar business (which I doubt you have), then the landlord can compete with you - just as long as such competition is lawful (as previously mentioned in another response.)
I happen to live in Avon. I would be happy to discuss this situation further with you if you so desire.
This response is not meant to offer legal advice nor create an attorney client relationship.See question
What is the best corporation for me LLC, S, or C?
In general, I agree with Richard's comments. Also, it is great that you are asking these questions prior to actually starting your business. It is always best to start off on the right foot. A few additional questions should be considered: do you have any investors in the business, are you the sole owner of the business, do you think you want to be an employee and receive a salary, do you plan to have employees, do you want to comply with the formalities associated with a corporation, etc. These questions have a bearing on entity selection and seeking counsel from an attorney is beneficial, plus, the attorney can probably also refer you to other professionals that you will most likely want to consult at some point in time - accountant, insurance, etc.
This post is not meant to provide legal advice and it is not meant to create an attorney client relationship.See question
If I return the security deposit if i choose to not rent to the tennant am I off the hook?
It is difficult to answer this question based on the little bit of information that you provided. As such, I am assuming that there is nothing in writing between you and the possible tenant - which is not a good practice. What did you tell the prospective tenant when you accepted the security deposit as to how long you would hold the apartment for him/her? If this time period has passed and the tenant has not taken the steps to formally become a tenant, hopefully this involves the tenant signing a lease, then the security deposit can be returned without any further obligation to the tenant. If you have promised to hold the apartment for xx many days in exchange for a security deposit being paid and you return the security deposit early and the tenant is only able to find a similar apartment for higher rent, I think the tenant could have an arugment that you breached the oral agreement and the tenant sustained damages in the amount of the additional rent incurred. If there was no discussion as to how long you would hold the security deposit and a reasonable time has gone by, say a few days, and the tenant has not expressed an interest in becoming a tenant, then I think you can make an argument for a returning of the security deposit for failure of the tenant to act. The statute of frauds is a possible defense as any agreement that is not be performed or cannot be performed within one year has to be in writing to be enforceable.
This post is not meant to offer legal advice or create an attorney client relationship.See question
We recently received a quote on replacing counters in our house. We told them that we were just checking on prices but if we qualified for the finanicing available, we would consider getting the work done now. If not we would have to wait until ...
It is just bad business practice on the part of the installer. Plus, this is a lesson learned that you should not have allowed them to commence work in your house without a contract clearly setting forth the terms of the installation, payment, etc.
The fact that you do not have a contract does not, in itself, make a transaction void. The contractor, apparently, completed the installation and now you have the benefit of the work completed.
The fact that you were not invoiced is a bit odd. A contractor can place a mechanic's lien against real property as a type of security for payment.
Since there was no contract, it also must be looked into to determine if the contractor violated any of Ohio's consumer protection laws and, if so, what rights do you have.
This post is not meant to offer legal advice or create an attorney client relationship.See question
I have an S-corp where I am the only officer. I would like to add my wife as another officer. What do I need to do to do this? Are there any tax ramifications to doing this? Is there anything that I need to report to the government?
Based on your question, I am assuming that you are the sole shareholder and sole director and that you hold all of the different offices - president, secretary and treasurer. 1701.54 of the Ohio Revised Code allows the board of directors to take such action, appointing an officer, without the need to have a formal meeting - as discussed in the other response. A resolution needs to be prepared to memorialize the election of the new officer. There should not be any tax consequences in adding an additional officer to the company. The election of an officer does not have to be reported to the Ohio Secretary of State. I guess I have one question, why do you think it is necessary to bring your wife on as an officer? This response is not meant to offer legal advice nor create an actual or possible attorney client relationship.See question
Does the judge hear your civil case in a discovery request from a creditor ? How is a discovery request handled by the defendent?
The other response is correct that the summons is just a notification that a complaint was filed against you. Once you receive the complaint you have 28 days to respond to each and every allegation - admit, denial or a denial because you do not have enough information to answer. If an allegation in the conmplaint is not denied, then it is admitted for evidentiary purposes. So, a failure to deny an allegation in theh compaint is equal to admitting that the allegation is true. Now, requests for admission is a discovery tool that a plaintiff can use (and the defendant). The plaintiff will ask you to admit or deny the truth of an allegation. If you do not deny it, then it is admitted for evidentiary purposes. If you do not timely respond to the request for admissions, then upon motion of the plaintiff the court can deem that all of the allegations are admitted.
Any time after the summons and complaint are served on you, the plaintiff can serve discovery requests on you or notice your deposition. Any time after you file your answer to the complaint, you can send discovery requests to the plaintiff, care of the plaintiff's attorney.
You have 28 days after receipt of the discovery request to timely respond - whether it be interrogatories, requests for production of documents or requests for admission.
Either the judge, a magistrate judge or the judge's staff attorney will handle a civil matter, depending on what is being accomplished.
The response to this post is not meant to offer legal advice or create an attorney-client relationship.See question
After I reply to a civil summons from a creditor, what is usually the next step that they may take?
I am assuming that you mean that you timely filed with the court an answer to the plaintiff's complaint. The other response is correct that the discovery process can now start. The discovery process includes paper discovery and depositions. Paper discovery includes interrogatories (written questions), requests for production of documents and requests for admission. Please note that in Ohio there is just one type of interrogatory; Ohio does not have form and special interrogatories. The court will also send out a notice scheduling an initial case management conference. At this conference, the court will inquire as to the nature of the case, what discovery is needed and is there a possibility for early settlement.
By answering the complaint, you have responded to the plaintitt's allegations. In your answer, you should have set forth any of your affirmative defenses and any counterclaim that you may have against the plaintiff.
The answer to this question is not meant to offer legal advice or create an attorney client relationship.See question
am i aloud to file discovery to the defendant's atty?
The Ohio Rules of Civil Procedure allow you to serve discovery on the defendant. In essence, you are allowed to ask the defendant to answer interrogatories, requests for production of documents and admissions that are relevant to your case. You do not propound questions directly to the defendant's attorney; you just serve the discovery requests on the defendants attorney. The subject matter of your lawsuit was not divulged but, as a general rule, I agree with the other post that it is always good to retain counsel to assist with litigation. An attorney can provide you with assistance in multiple ways - review your case and possible find causes of action that you were not aware of, possibly increase the settlement value of your case by retaining the proper experts, assist in evaluating the value of your claim, possibly bring a swifter resolution to your claim. This post is not meant to offer legal advice or create an attorney client relationship.See question