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Cyrus Rajabi

Cyrus Rajabi’s Answers

28 total

  • How can I know if this is a real lawyer. Can you point me in the right direction so I can research and find out if he is a real.

    I received a call from a lawyer today wanting to talk about a personal business matter. I know this is code for a debt collection. Anyways he wanted me to verify all my personal info without giving me any idea what this was about. Sounds like a sc...

    Cyrus’s Answer

    You can search for Colorado attorneys at the following link: http://www.coloradosupremecourt.com/Search/AttSearch.asp

    You can then call the attorney back at the number listed in the search result to ensure you are speaking to the actual attorney and not someone impersonating the attorney.

    Hope this is helpful.

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  • My old roommate cashed in some of my money orders that were already designated for other companies and took the money

    She cashed it at King Soopers

    Cyrus’s Answer

    I am sorry you were victimized by your roommate.

    It appears that your roommate stole the money orders, which, if true, would be a criminal matter.

    I see that the notes for you question indicate a "notice to vacate." If your roommate stole the money orders that would have been allocated toward your rent or related expenses and your landlord is seeking to evict you as a result of the failure to make those payments, it may help to file the police report and provide a copy of the report to your landlord together with a request for an extension of time to pay any past due rent or other amounts.

    If your roommate impersonated you when cashing the money order, this may be an additional crime.

    To the extent that the money orders were designated for other companies, you may wish to provide a copy of the police report to them and request an extension of time to make the payments that we not made as a result of the theft.

    With regard to going after your roommate, it may be easiest to have the criminal courts go through their process and see if they can order restitution (i.e., they will seek to have your roommate pay back the money that was stolen).

    Please feel free to ask any follow up questions you may have.

    Hope this information is helpful.

    Thank you.

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  • Registering new self-owned business - LLC or Corporation. Or LLC as an S-Corporation. What's best?

    I'm not familiar with the best tax benefits, so pls enlighten me on how to register my new retail business. My friend once registered an LLC but her tax advisor converted it to S-corp for tax purposes I guess. So if I do the same, what am I regist...

    Cyrus’s Answer

    • Selected as best answer

    If liability protection is a serious concern, you should discuss with a business attorney the additional corporate formality requirements that must be observed when operating a corporation. Failure to observe corporate formalities is one of the factors that is considered when determining if there is a basis for piercing the limited liability veil of a corporation and exposing the business principals to personal liability.

    A LLC, on the other hand, can be organized in a manner that avoids most of the formalities required for a corporate entity. Basically, a LLC can be operated as formally or informally as the business principals decide - you just need to make sure you adhere to any requirements that you decide to include in your LLC operating agreement.

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  • Employee Larceny/Theft - Prosecution/Restitution

    Own a retail business. Employee entrusted to do cash deposits for the business on a daily basis stole, leading to a loss of $20K over a period of 45 days. Details -There's a safe at the business that accepts cash. At...

    Cyrus’s Answer

    Excellent suggestions from my fellow members of the bar. You may also wish to contact your insurance company or agent to determine if you have fidelity coverage. If so, you may have some or all of the losses covered.

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  • Consumer laws

    Today I bought a car " as is" no warranty from the dealership. It's 2014 used. I took it for a test drive and it drives well . But now I took it on the highway and it's clearly pulls to the right ( maybe it just needs alignment) . Can I take back ...

    Cyrus’s Answer

    Lemon laws in Colorado apply only to new vehicles, though it is unlikely that the problem you describe would qualify regardless.

    You can find more details on lemon laws at http://www.coloradoattorneygeneral.gov/initiatives/consumer_resource_guide/automobiles#sales_used

    You can certainly ask the dealer to help you out and address the issue. I would suggest more honey than vinegar. Car dealers get a bad rap but are generally good people. They will try to do right by you if you deal with them fairly. The AS-IS disclosure has all that warning language for a reason - namely, things go wrong and it's often impossible to predict when an issue may arise.

    It's also possible that it's something as simple as reduced air pressure in a tire or an alignment issue like you mentioned, perhaps even having resulted after you bought the car. Colorado potholes are notorious for causing alignment issues.

    I don't see any basis for your to return the car if they refuse to fix it. This sounds a bit like buyer's remorse. With any luck, the dealer will help you out with what is hopefully a minor issue and you will have years of reliable service with your new car.

    I hope this is helpful.

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  • I am selling my property. However, I am in a civil suit with a neighbor. Do I have to disclose to the buyer?

    The question is to the point.

    Cyrus’s Answer

    More details are needed in order to determine if the matter *must* be disclosed, In an abundance of caution, and to minimize a potential fraud or misrepresentation claim after the sale is consummated, it may be advisable to disclose the situation, especially if the civil suit relates to or otherwise potentially impacts the property. It is advisable to discuss the matter in detail with a real estate attorney to determine the full nature and extent of disclosure required.

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  • Looking to open second business under corporation with some limiting factors

    I currently own a S-Corp sports bar/restaurant. There is one investor in my current company. I am looking to open a second location under an "umbrella" corporation which will contain my current business as well as the new business. I am curious as...

    Cyrus’s Answer

    It's exciting that you're looking to expand your business.

    It's nice that you have given thought to how you would like the business structured; however, there are many rules and limitations that apply in this context and you should consult with a qualified business attorney and tax advisor before you take any action especially since your proposed structure is not permitted.

    S Corporation have limitations on the types of shareholders (for example, you cannot have a corporation as a shareholder - see http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/S-Corporations for further details).

    Even if you were to convert your S Corporwtoon entity so that you could have an umbrella corporation as a parent, you should discuss your future plans with an attorney to ensure that such a structure is appropriate. You will want to ensure the structure is appropriate for your business operations and growth scenario.

    In any event, with regard to your question, a shareholder of a subsidiary corporation would not ordinarily have a say with regard to the activities of the parent entity, but closely held businesses and small businesses often have less defined relationships and reduced formality which can lead to potential business disputes and questions about which hat someone is wearing and whether the individual is acting for one entity versus the other.

    Keeping things entirely separate may be a better move, but, again, you should discuss your complete facts and circumstances with counsel to ensure you make the most appropriate decision.

    With regard to the loan, it's possible to borrow money and use it for starting a second business, but it will depend on the particular lender and if there are any stipulations on the use of proceeds or any other applicable loan covenants. Again, it should be discussed with counsel and potentially be vetted with the lender to avoid potential issues.

    Hope this this helpful.

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  • I am required to sign my fifth wheel over to friend on note. How do i word notarized letter to ensure he doesn't run off w/it.

    This friend is cosigning on a loan with my son, because he has better credit than i do, to obtain a truck. The bank needs collateral, because the truck is priced a little more than bank will cover. I offered to gift fifth wheel to my son so he ...

    Cyrus’s Answer

    I agree with the other attorneys that the notarized letter will not be of much, if any, help.

    Assuming you own the trailer "free and clear," you should be able to provide the bank a security interest in the trailer without transferring the title to the trailer to your friend. You may want to investigate this option with the lender.

    Ideally, you should avoid "gifting" the trailer and then having it "gifted" or transferred back. This not only gives you little to no control, but it also opens up the trailer to being subject to other creditor claims as well as potential estate / gift tax issues.

    In short, you should consult with an attorney familiar with preparing such security agreements and filing them with the local county motor vehicle office. Similar to a loan on your car, the lien can be reflected on the face of title to the trailer and be in favor of a lender even when you are not the recipient of the proceeds of the loan.

    It's nice that you and your friend are willing to help out your son. You will just want to make sure to cross your t's and dot your i's to avoid any unnecessary risks or exposures.

    Hope this helps.

    Kind regards,

    Cyrus

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  • Non-Compete for Independent insurance agencies that want to leave Clusters. I joined a cluster with the intention to buy the

    business back in 2 yrs. I went over the buy-out option several times before signing and was honest about my intentions. They told me the buy out was 1.5x the agencies commissions. Now they are saying it is 1.5x ALL the commissions. It feels like t...

    Cyrus’s Answer

    If the buy-out "option" was drafted on behalf of the other party, there is a general presumption that any ambiguities in the agreement are construed against the drafter. If the other side was represented by an attorney and you were not, then there may also be other concerns regarding overreaching.

    In any event, the language of the agreement will be key, though you may be able to use other written documents to help establish intent - particularly if you relied to your detriment on representations by the other side as to the meaning of "commissions" and whether there term was to include all commissions or something more limited.

    You should consult with an attorney to get some guidance, particularly one experienced in business contracts, non-compete matters and insurance regulatory matters.

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