Mark Roland Baran's Answers

Can I file a motion to the court myself or do I need a lawyer, seeking alimony payments

It is a well understood in law is "Only a fool represents himself (or herself) in Court." I can assure you that even lawyers will hire lawyers to represent them in family law issues they face in Court. The answer is yes, you should seek out a family lawyer to assist you. However, be very clear as to what your looking for during the consultation and ask how much this might cost you. Typically, family lawyers will ask for some amount of money up front (a retainter) and then bill you hourly....

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Will converting my business from s corp to a c corp provide tax benefits

You need to VERY CAREFULLY discuss this with an EXPERIENCED Tax Advisor, WHO HAS DONE THIS BEFORE, before doing this. Typically, coverting from an S Corp to a C Corp is DISFAVORED because you will be paying TWO levels of income tax - one at the C coporation level and one at the individual income tax level. Additionally, you need to review with your tax adviser what is in your S Corp AAA (Accumulated Adjusments Account) Account as a conversion could adversely impact how the money in the AAA...

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Credit card collection agency sold my debt and stopped honoring my payment agreement. Now they want to take me to court.

Unfortunately, your question demands a direct call to an attorney experienced in handling matters involving fair debt collection practices and I would not advice posting any additional information concerning this matter on this public information forum. If you do not have the funds to hire an attorney, Montgomery County has a Legal Aid office. Contact Legal Aid of Western Ohio (LAWO) at 888-534-1432. You can also get more information on their website at WWW.LAWOLAW.ORG. You will need to meet...

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Credit card debt

Yes, Collection Agencies usually file what is known as a "Complaint" to initiate legal proceedings against a debtor and essentially act as the "owner" of the debt for collection purposes. It is important that you get an attorney to assist you with filing an "Answer" or you will risk a "Default Judgment." The collection agency has the burden of proof and generally needs to attach documents to the "Complaint" but often they do not. If you cannot find an Attorney, call legal aid in your area....

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Immigration

HIRE AN IMMIGRATION ATTORNEY NOW - IT IS WORTH EVERY PENNY IN YOUR SITIUATION. The Immigration laws, and policies, have dramatically changed since 9/11. You do not have the same rights as a U.S. citizen and, in immigration court, various things can be held against you, and cause immediate deportation, that would be insignificant to a U.S. citizen. As one example, multple crimes of moral turpitude, such as writing bad checks, can possibly lead to deportation. You need to undersand this from...

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Personal Injury and attorney nonresponse

This is the one of the most common complaints I hear from the public about injury lawyers and one that lawyers need to better address. Every client should expect to be kept informed of their case and I suspect that when you first met with this attorney you were asked to sign and Agreement and keep him informed of any address changes or phone number changes so that he would be able to reach you when he needed to speak with you. You should expect the same courtesy and ask for his cell phone...

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Does the driver that caused a car accident and was at fault have to pay for my damages in injuries even though I am not insured

It depends (probably the most common thing people hate to hear from a lawyer). Most commonly, in a straight forward auto accident, there should be insurance coverage available. However, there are exceptions which may exclude insurance coverage depending on the specific facts of your auto accident. Also, you will still have the burden of proving whatever injuries and damages incurred are related to the other driver's alleged misconduct (As a common example, preexisting injuries can complicate...

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Surgery at Metro

I assume that you are over the age of 18 and that this is a recent surgery. First, have you asked you physician why your appendix was removed? There may have been some unknown medical reason that may have not been noticed until surgery. I'm not a physician so I couldn't even begin to speculate any reason why but my first step would be to discuss this, in a polite and professional manner, with the physican who performed the surgery. If you are still unsatisfied you are entitled to...

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Feb. 27, 2008, an ex-boyfriend borrowed 900.00. No written agreement. Can I sue?

Verbal agreements can be enforceable. As some additional education infomation, our civil system includes "small claims court" which individuals can bring claims of their own at different amounts depending on where you live. I see in you email that you are in Columbus. For simplicity, the web site for further informaton on the Franklin County Small Claims Court is http://www.fcmcclerk.com/. You should see a link on the left hand side of the page that says "small claims." Again, I am not...

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Labor Law

Generally, Ohio is a right-to-work state. However, the brief summary of facts in your statement leads to other questions which may or may not present other suggestions. I would not recommend posting any further information on this forum as you do not get the benifit of confidentiality of attorney-client privilege. However, if you call and privately consult with an attorney for legal advice, you do get that benefit. I provide free consultations and, if you wish, I would be happy to discuss,...

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