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Steven David Schroeder

Steven Schroeder’s Answers

2 total

  • What is the process for suing a store? Dry cleaners.

    I had my suit cleaned at a dry cleaners, which I've used before. My suit was damaged even after they attempted to clean it twice. I asked for no starch. They put starch in it and the suit is now damaged and has spots on it. They only want to p...

    Steven’s Answer

    They are offering 1/2 but you want 1/3? I assume you mean 2/3. If so, you are only 1/6 of the price of your suit apart here. So how much money is at stake? If it is a $600 suit, it is just $100.

    In these kinds of cases, I advise clients to consider what kinds of consumer pressure/influence they can bring to the situation and AVOID any threats of legal action unless it is a last resort. Cleaners make a living with repeat customers. Like all businesses, they have no use for litigious customers, but value loyal, reasonable, respectful customers who refer their friends. Are you a loyal customer? Do you have a lot of friends who use this business? Have you recommended them to others in the past? Explain all this to them, they should see value in making you happy.

    Generally, filing a small claims case over such a small of a sum that is at stake here is more hassle than it is worth. Don't believe me? Here is what you need to do:

    1) Write up your complaint (Cook County form CCM 0750) and summons (form CCM 0652). Make sure you have the correct defendant and the correct address for service of process.
    2) Go to the 6th floor Daley Center and file multiple copies of your complaint, get your summons (and copies) stamped and pay the filing fee ($169 if your claim is over $250). You will get a court date.
    3) Send a copy of your complaint and summons via certified mail, retain proof of service when it returns in the mail. If you don't get proof of service via return receipt, you will need to go back to the clerk with a new summons, and get a new court date.
    4) Attend court on your date and hopefully you will get trial and the chance to prove your case. Bring your proof of service and your evidence. It may take a few hours to get your case called and heard. If you prevail, be sure to request your court costs and write in your filing fee in your judgment.
    5) If they refuse to pay your judgment, you can collect on your judgment by initiating post-judgment collection proceedings.

    Good luck.

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  • I am purchasing a day spa from someone on Monday. She is an S Corporation. All of my employees are independent contractors.

    My husband and I will be the only owners and we will not have any shareholders. Should I be an LLC or an S Corp. I need to determine that asap and then will need help to figure out the rest of the paperwork.

    Steven’s Answer

    You will probably be fine with either one and for your purposes the differences are pretty small. That being said...

    You really should find yourself a good lawyer in your state to help you with all your legal issues - forming your legal entity, drafting or reviewing the purchase/transfer documents, making sure that you will not be on the hook for liabilities of the company you are purchasing, making sure that your arrangement with your independent contractors complies with the law, etc.

    A good lawyer will be worth it. You don't want to devote thousands of dollars, not to mention countless hours, your heart and soul, etc. into this venture only to have it be for naught.

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