Terry Louise Traveland's Answers

Terry Louise Traveland
Plano Business Attorney.
Contributor Level 9

3

Attorney answers:

  1. Terry Louise Traveland
  2. Daniel Nathan Ballard
  3. Stephen Thomas Scherrer

Advise on invention protection.

Asked by a user in Garland, TX - almost 3 years ago.

A very helpful website for inventors is the Texas Inventors Association. Lucky for you, the meetings are in Plano for this group and are near to where you live. Go to www.txinventors.com for more information. This is a group formed by inventors who have successfully brought their products to market and are now helping other inventors do the same. It's an excellent group!

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Attorney answers:

  1. Terry Louise Traveland

What is the statute of limitations for a business to collect money for a service?

Asked by a user in Austin, TX - almost 3 years ago.

The statute of limitations on a contract in Texas is four years. So, they have up to four years to file a lawsuit to collect the debt. In that lawsuit, they would claim you didn't pay the amount owed and then you would have to prove that you did pay it or that you are not liable for it. I recommend you try to settle with them possibly for an amount less than you owe. When you settle, make sure you get it in writing with them that you do not owe them any more money and that the matter is now...

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Attorney answers:

  1. Terry Louise Traveland
  2. William J. Dyer

Business name infringment?

Asked by a user in Houston, TX - almost 3 years ago.

There may not be a registered trademark, but they most likely have a common law trademark in the name. So, you would be infringing on the common law trademark if they are operating in a similar field (I'm assuming both are dental practices). However, if "Accent Dental Care PA" is a Texas entity, the name "Accent Dental Group" will not be available when filing your entity in the state of Texas and your filing will be denied. The Secretary of State's Name Availability division looks at the...

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Attorney answers:

  1. Terry Louise Traveland

I bought a car through verbal agreement...

Asked by a user in Texas - almost 3 years ago.

This question reveals a whole host of problems. The first being that you will most likely lose a friend over this dispute. Your friend may also have a warrant out for his arrest for the non-payment of those tickets. So, if he's stopped by police and they run his name through the system, he could be arrested on the spot and taken to jail. If you still want the car and are willing to make the payments so long as he pays the tickets, you should document this correctly. You should...

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Attorney answers:

  1. Terry Louise Traveland

Does a business owner have to put a privacy fence up if he opens a food place next to a residential home.

Asked by a user in Houston, TX - almost 3 years ago.

I am not familiar with Houston city ordinances. You could consult a city attorney (an attorney that focuses on city ordinances and laws). Or, you can try to investigate this yourself. If you choose the latter, here's a way to do that. This will be governed by the city or county ordinances in the area in which you live. Houston is a bit different than most cities because there isn't zoning. Call the city ordinance division and ask if the restaurant will be required to put up a privacy fence....

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Attorney answers:

  1. Terry Louise Traveland

Promissory note

Asked by a user in Alice, TX - almost 3 years ago.

Generally, you should be able to take the borrower to court to collect. But, you'll need to really decide if it's worth it. You can't get blood out of a turnip. Meaning, the person may not have the money to pay you. So, you may be throwing good money after bad by suing the person. The amount is small enough that you qualify to file in small claims or justice of the peace court. The JP courts in your county can be found at: http://www.co.jim-wells.tx.us/ips/cms/countyoffices/...

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Attorney answers:

  1. Terry Louise Traveland

What steps to take before I pitch an idea to a manufacturing company

Asked by a user in Lewisville, TX - almost 3 years ago.

Luckily, you live in the Dallas area. Thus, you have access to a wonderful resource that will help you with this for free. It's the Texas Inventors Association - www.txinventors.com. Great website and they have monthly meetings in Plano that are very helpful. Also, call the Collin County Small Business Development Center (972-985-3770) and set up a free appointment with a counselor there. They will also be able to help you through this process as well. Good luck! Disclaimer: This...

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Attorney answers:

  1. Terry Louise Traveland

Can a corporate officer sale property that is owned by his own personal company, to the corporation he is an officer of?

Asked by a user in Tyler, TX - almost 3 years ago.

Yes, this is possible. But, when conducting any transaction where an officer has a vested interested in the transaction, you need to be very careful to conduct an arms-length transaction (as if you weren't an officer in the company that is buying your company). So, you MUST disclose the potential conflict of interest to the board of directors. You should not be involved in any discussions of the buyer with respect to the purchase (just remove yourself from the room when they arise unless...

1

Attorney answers:

  1. Terry Louise Traveland

Is there a law in texas that a person has 3 days to back out of a contract?

Asked by a user in Cleburne, TX - almost 3 years ago.

Whether you have the right to cancel a contract within a specified time depends on the type of goods or services for which you contracted. I'm not entirely clear on what you mean by travel service. This article is very good at describing your rights: http://public.findlaw.com/consumer/cancel-contract.html Disclaimer: This answer does not create an attorney-client relationship and does not constitute legal advice. Each situation is fact specific and there may be facts not disclosed that...

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Attorney answers:

  1. Terry Louise Traveland

What recourse do I have as a contractor for my company who did not pay me for 15 months? I no longer work there

Asked by a user in Dallas, TX - almost 3 years ago.

You will need to file a lawsuit against the Company to collect the amount owed. Hopefully, that will encourage them to settle with you and pay up. I recommend you find an attorney in your area who does business litigation. You can search on here or go to www.texasbar.com to find an attorney (scroll down and there's a search box on the home page that will take you to a more advanced search). Good luck with this matter. Disclaimer: This answer does not create an attorney-client...