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Douglas D Foote
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Douglas Foote’s Answers

165 total


  • What are my options when I lent a start up company money

    i barrowed a start up company some money and have a notary signature and stamp showing they will pay back the money in full with in a year. They still have not paid back the money and every time I ask about it they keep giving me a different answer

    Douglas’s Answer

    To fully answer your question, an attorney would have to look at the document that was signed, have more information on the borrower, and other information. However, if the document you have meets the requirements for a promissory note signed on behalf of the borrowing company by someone authorized to do so, you should be able to sue the company to enforce the note. The practical questions are likely to be (1) is the amount of the note large enough to justify spending the money on a lawsuit; if not, you could bring a suit yourself in small claims court; and (2) if you obtain a judgment, does the company have (ore will it likely have by the time you can collect) any - or enough - assets to pay the judgment. I recommend you take your paperwork and schedule an appointment with a business lawyer or litigator to determine these answers with more certainty.

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  • What does the following mean (summary)?

    1. ASSIGNABILITY. This Agreement will not be assignable by any party without the prior written consent of the other parties. 2. BINDING EFFECT; BENEFIT. This Agreement will inure to the benefit of and be binding upon the parties, each oth...

    Douglas’s Answer

    1 means that if you are a party to an agreement you can't have another person or entity take over your rights or obligations under the agreement (an "assignment") without the written consent of the other party or all of the other parties (if more than one other party) given in advance. Note that even if you do get a consent to assign your rights and obligations, unless you also receive written agreement that you will not longer be liable to the other party or parties under the agreement, you will remain liable for completion of the agreement by the party to whom you assign your rights and/or obligations

    2. means that, if you are an individual and you die, the agreement is binding on your heirs and the person (your personal representative who administers your assets (your estate) after your death to ensure your property goes to the person or persons by have designated in a will or to the persons specified by law if you don't have a will.

    The reference to a guardian is to the person a court would appoint to manage your affairs if you are determined not to be competent to handle them yourself (contract still applies).

    The reference to successors applies if a party is a legal entity (LLC, corporation and the like). Its successor is an entity that, for instance, survives if it merges into another entity (contract still applies).

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  • In Colorado, do the terms of a contract proposed by one party and accepted by another, via email, constitute a valid contract?

    Operating/profit sharing contract.

    Douglas’s Answer

    Generally speaking, the answer is yes. The acceptance must "mirror", that is have no significant differences from, the terms of the offer. The offer must not be lacking any essential terms, e.g. price in a purchase and sale contract. A simple email response saying "Accepted" or the like should be sufficient to form an enforceable contract. However, be aware that there are other technical requirements of contract formation. If you have any question about whether they were met, you should consult a lawyer, who will read the exchange of emails, learn the background from you, and analyze that information in light of the contract formation requirements.

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  • Need help

    Hired a lawyer to represent my son in misdemeanor case. I sent two checks to lawyer in amt of $12500. Lawyer accepted by cashing checks I sent as retainer. After 2 or more years my son terminated lawyers assistance after we discussed he was not...

    Douglas’s Answer

    You should file a complaint with the Oklahoma Bar Association, Office of General Counsel. Further information and a complaint form can be found at http://www.okbar.org/public/Complaint.aspx. Best of luck.

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  • Employer owes me over $15k in wages. They promise its coming. What steps do I need to take to protect myself and get my money?

    Business is in Colorado. Employer has open ended promises of paying me my wages if I just stick it through. They have missed 3 paychecks (biweekly) and 2 months of commission (payed at the end of the month)

    Douglas’s Answer

    I recommend you do two things: first, file a complaint with the Colorado Department of Labor and Employment. You can find general information here: https://www.colorado.gov/pacific/cdle/wagelaw, and specific complaint forms here: https://www.colorado.gov/pacific/cdle/complaint-forms.

    You also may want to consult a business or employment lawyer about sending a formal notice demanding payment of unpaid wages. Speaking with a lawyer would be a good idea, as there are issues regarding whether or not you should terminate your employment and other things that have to do with your rights to recover penalties from the employer if you are not paid within the time frame required by statute.

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  • Will I need representation at my mediation? What could my case be worth?

    Have medical records indicating my health problems. Got on FMLA, month and a half later had surgery while pregnant. Had approximately 2 weeks off for recovery.All approved via company's outsourced vendor for leave. Received final written warning f...

    Douglas’s Answer

    It would be very wise to consult with an employment law attorney before your mediation and to be represented at the mediation. It is not possible to assess your case from the facts you have given, but it appears that you potentially have a sound case for a discrimination claim. When you look for an employment law attorney, be aware many employment law attorneys represent only employers, while some represent only employees and a few represent both. Be sure you get one that represents employees. The Denver firm of King & Greisen is a good start.

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  • How should I sue my apartment complex for refusing to fix my AC after over 2 months of complaints?

    I have photo proof that my apartment is still 94 with the AC on full blast at NIGHTTIME even, they refuse to fix it however, just constantly telling me it is working. It is obviously not if it is 94 degrees inside with it's 79 outside. I want redu...

    Douglas’s Answer

    I agree with Mr. Eby. You should consider filing a complaint in the Arapahoe County Small Claims Court. All Small Claims cases must be filed in Arapahoe County Combined Court at 7325 S. Potomac St. Centennial, CO 80112. This website will help you navigate that system: https://www.courts.state.co.us/Self_Help/smallclaims/ . Your claim is that your apartment is inhabitable, which is a breach of an implied (if not expressly stated in your lease) covenant of habitability that goes with every apartment lease.

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  • How can I deal with a medical credentialing firm that's 7 months past when they say "most people can expect results"?

    I am a behavioral health professional in private practice, and have enlisted the services of a medical credentialing service who has said over and over again on phone and in writing that most people can expect results within about three months. I...

    Douglas’s Answer

    From a purely legal perspective, a lawyer would have to review the contract you have with the service to determine if you have any recourse for breach of contract. My best guess without seeing a contract would be that they have disclaimed any specific results. However, it might be worth paying for an hour of a business lawyer's time to review the agreement and discuss what you might be able to do. One question is whether you are signed up for a fixed term or on a month to month basis when it comes to considering terminating the relationship.

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  • I have a small business. I did some work for a customer that totaled $785. She does not want to pay. Do I need a lawyer?

    we agreed on making payment when the work was complete. She told me that she would arrive at the house from work after 2:00 PM. We completed the work at 3 o'clock, so I called her to see if she wanted to meet up for payment. She told me she was on...

    Douglas’s Answer

    This is exactly the kind of matter the El Paso County Small Claims Court is designed to handle. You can do it yourself without a lawyer. Go to this website http://gofourth.org/how-file-small-claims.htm and that will lead you to pretty much everything you need to know. The court clerk can probably answer any questions you might have. Good luck!

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  • Do I need a non-disclosure agreement or an non-compete clause?

    I want to approach a large company about the possibility of using some of their products in my products hopefully in a partnership. But I am worried that if I pitch my idea to them they may turn me away and create a product similar to my idea. Cla...

    Douglas’s Answer

    A non-disclosure / non-use agreement before you disclose your idea would be a very good idea. Any good business lawyer ought to be able to help you with one. However, be aware that many more sophisticated companies are very reluctant to enter into such an agreement without knowing something about the idea, and from what you wrote, disclosing anything about it may cause the result you are concerned about. I suggest you engage a lawyer to talk this through in more detail.

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