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Olaide Abdul Clement Banks

Olaide Banks’s Answers

80 total


  • I had an agreement to clean for a company they added extra work we did the job they dont want to pay for the extra work we did

    I own a cleaning company & I agreed with a contract company to clean a new hotel &make the beds. After starting the job they came up with extra work like putting extra stuff in the hotel rooms plus we had to go back in each room and reclean becaus...

    Olaide’s Answer

    I agree with Brian and Andrew, you have to put your contract in writing and you must be consistent in making sure that when changes are made they are put in writing and signed by the parties involved. You should have your own change order form that you have the client file.

    It is hard sometimes when you need the business and you feel as if you don't have a lot of power in a negotiation, but sometimes its better to not get the business than to take a loss on the transaction. I've seen it happen so many times.

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  • If you are equal partner in a business, can your partner who is a president as well take over the business and keep you out.

    There are 2 partners in a convenient store business both have 50% share, one who is a president of the corporation as well, came over with a legal notice (don't know what it says yet) took over the store while the other partner was not there and w...

    Olaide’s Answer

    Alan is correct. I'm assuming that you are the person who is "the other partner" and not the President. First, when you say partner that means something specific. You should definitely speak with an attorney, when you meet the attorney be prepared to provide whatever formation documents plus partnership agreement or operating agreement, plus any communications regarding the issue of managing the business.

    Your partnership or operating agreement (if LLC) should specify who the managers are and how they are appointed and removed. That's why people should stay away from the legal zoom and office depot type formation agreements and get a professional involved.

    Please contact an attorney and provide your paperwork to get more specific advice.

    Please visit my website and download the business startup success kit for more ideas on what you need to cover as you get into your business.

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  • Texas homeowner foreclosed on in 9/9/ 2012. I am still living in the home. 24/h notice given. How can I tell if this is a scam?

    I cannot find out if any legal action has been taken to remove me from the home. Bank of America will not tell me if my loan can be reinstated. My FHA loan has not been given to HUD. I have called HUD and they have no record of the house going ba...

    Olaide’s Answer

    There are a couple things that I would want to know before I could answer conclusively. When was the property initially foreclosed? Are you still living in the property. If you're still living in the property, then we at least know that a writ hasn't been executed. But knowing your address and some other important information, an attorney can answer some of the questions you have and then advise you on your possible legal recourse.

    Olaide Banks
    www.banks-attorneys.com

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  • Is a criminal defense attorney suitable for an IRS wage garnishment issue?

    need to stop wage garnishment, taxes owed for approx. ten years (not filing taxes while employed). Please advise. Thank you

    Olaide’s Answer

    No much to add to the other attorneys other than, hire an experienced tax attorney, they have may be able to recommend a CPA to you. Then follow the advice of the professionals you hire.

    Good luck.

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  • I received s summary judgment of foreclosure...

    Do I have to appear in court for the summary if I choose not to fight the foreclosure. I cannot afford an attorney to fight the foreclosure... Can I be jail for the foreclosure or for not appearing in court for the summary.. Can They also garnish ...

    Olaide’s Answer

    Sorry to hear about your situation.

    Thankfully there is no debtor's prison so you won't go to jail just because of a foreclosure.

    Many people feel they can't afford an attorney and so they never call one. Please do call an attorney and try to schedule a free consultation. Bring all the material you have regarding the foreclosure/default and anything you received from the court.

    Once the foreclosure goes through you could be subject to a deficiency judgment of there is a deficiency.

    Please don't "not" meet with an attorney in person because you think it is too expensive.

    Olaide Banks
    www.banks-attorneys.com

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  • My sister has embezzled over 100k from my fathers business over the last 2 years. We have documents to prove every transaction

    that she has made. Unfortunately my father went through a divorce just recently and in the divorce my mother added that my father could not press charges agaist her. My question is can anyone turn her in? Or does it have to be my dad since it w...

    Olaide’s Answer

    The "victim" does not need to be the one to press charges. Crimes are considered against the State and charges are brought by the State. Whether the State will actually pursue the charges will largely be based on level of cooperation that they received.

    I'm sorry to hear this for your family.

    Olaide Banks
    www.banks-attorneys.com

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  • My partner is not reporting correct income to IRS and refuses to share the profits. 2 members 50% each & no assets

    Would like to dissolve LLC partnership without his knowledge in Chicago, IL. I don't want to be around someone of that caliber.

    Olaide’s Answer

    The process for dissolving the LLC will be outlined in your operating agreement. I assume that you executed an operating agreement when you set up the LLC. So many small business owners don't.

    You are not a minority shareholder so I'm having some trouble understanding why you seem to have no access to the business accounts.

    If you feel really strongly about this you should sit with a lawyer and bring in all the documentation that you have. To give you a really good sense of how to proceed you'd need a little bit more.

    Many attorneys offer a free in-person consultation.

    Best of luck,

    Olaide Banks
    www.banks-attorneys.com

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  • Can I offer a bonus system to incentivise managers to not steal cash from our retail business?

    We have had issues with theft in our business and it is difficult for me to be in the store. I was considering lowering the salary somewhat of our manager and basically putting in place a bonus system whereby he is paid if the cash count is accura...

    Olaide’s Answer

    There is nothing illegal about what you suggested - assuming you pay at least the minimum wage.

    How you document the agreement (contract) is very important because you will have to articulate how you determine the accuracy of the cash count etc.

    Write out your idea and meet with an attorney to help document the agreement properly. I know that cash loss is no fun.

    Best of luck

    Olaide Banks
    www.banks-attorneys.com

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  • I hold a deed of trust for a family that I am carrying the note on their house

    I just recieved a certified letter today saying 2010 property taxes are delinquent for $949.32. Also 2011 taxes went out today so basically that's due also bringing total to more than $1800. The letter says if not taking care of an execution will ...

    Olaide’s Answer

    The short answer on whether you can foreclose is it depends. It depends on what the note says. Generally, an event of default like the current one would allow you to accelerate the note. First find the note, second figure out exact notice is required under the agreement and give that notice.

    You should take care of the property taxes and the HOA if you can. This helps protect your interest in the property. The property tax unity, the HOA and you all want to foreclose everyone loses.

    Contact a lawyer to assist you with the process. In foreclosure strictly following the rules is very important. I represent quite a few people who have been foreclosed on and one of the surest ways to attack the foreclosure is inadequate or improper notice.

    Best of luck.

    Olaide Banks
    www.banks-attorneys.com

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  • My ex-wife lives in my foreclosed home. I am now paying HOA fees and would like to evict her, and move back in. Legally can I?

    She is not on the title. I havent lived there for 2 years, and filed a bankruptcy 7 last year.

    Olaide’s Answer

    Generally, in order to evict a person the plaintiff has to have a superior right of possession. If I understand you correctly, the house has been foreclosed by the bank and so you do not have a claim of ownership.

    The fact that you continue to pay the HOA dues may not necessarily give a superior right of ownership.

    Best of luck.

    Olaide Banks
    www.banks-attorneys.com

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