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Michael Charles Doland

Michael Doland’s Answers

14,625 total


  • Do I have to pay the Wal-Mart civil demand letter for shoplifting?

    I am technically a minor (17, 18 in less than a month), and I recently got caught shoplifting at Wal-Mart. I was told that Wal-Mart is going to sue me and all that other good stuff. I signed consent to a picture and confessed to doing it, and they...

    Michael’s Answer

    A civil demand letter creates no obligation to pay unless it is followed by a civil lawsuit which statistically "never" happens.

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  • Before the set court date in unlawful detainer, may tenant propose an agreement in which plaintiff gives them money to move?

    My husband and I do not have the money to move and we're weeks away from the court date for an unlawful detainer. (Our exit plan got detoured when I got hospitalized twice in the past month and put on bed rest. The doctor says my condition is dire...

    Michael’s Answer

    There is nothing illegal or even that unusual about what you propose. You stipulate to a judgment for possession which only enters into existence if you fail to move by the promised date.

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  • LLC's limited liability protection always applies to its DBA?

    Rather than rename my existing single-member LLC, I'd like to start a new single-member LLC. I'd then like to dissolve the old single-member LLC. I'm leaning towards creating a short legal LLC name, then create DBAs for it, depending upon target m...

    Michael’s Answer

    Wow, you're making your life complicated. If your DBA is properly filed you don't need to put the full LLC name. An LLC (or corporation) can have as many DBAs as it wishes. Normally contracts have both the corporate and DBA, not just the DBA. Business cards usually just have the DBA. Stationary (if anyone still writes snail mail and email: it is a matter of choice. Best practices: for example "7-11", the national chain still puts at the bottom of its stationary "The Southland Corporation".

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  • Is it safe for me to receive money from the company and transfer it to another country on my name ?

    I have applied for multiple jobs online through different websites. So this lady contacted me through an email and said her company is located in Spain and they need an Agent in Georgia area to complete their transactions. Now every week I receiv...

    Michael’s Answer

    Almost certainly this is a fraud, and you will be held liable.

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  • Which type of attorney do I need to pursue a lawsuit against an individual and a business regarding monies owed?

    I was a partner in a business in which I invested $25,000 as my contribution as a start up cost. I was on the corporation for 3 years, and worked for 6 months without getting any wages. Due to a conflict of interest I had to leave the restaurant...

    Michael’s Answer

    You need a business litigator for your claim. He/she will review the documents and explain your potential claims and damages.

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  • I'm seeking an independent professional advisor in the DE, 19720 area and/or surrounding for a Structure settlement transfer.

    Prefer free consultation, furthermore I'm required to obtain independent professional advice regarding the legal, tax and financial implications of my Structure settlement payment transfer.

    Michael’s Answer

    State Bar rules and Avvo rules both prohibit client solicitation. There is a very useful "Find a Lawyer" link at the top of each Avvo page.

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  • Should I accept partial payment for a final bill that is overdue?

    Customer for years and statements and conversations back and forth since January of this year.

    Michael’s Answer

    In the end it's a personal/business decision. Remember that obtaining a judgment is not the same as money in your bank account, and often the execution of judgment procedure is longer and more expensive than the trial.

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  • I opened my business in 2010 with my brand name, last year someone in the same county has copied my business name.

    The other party is copying my business name and even using my name in advertising and buying online domain name. I can prove that the other business filed his Fictitious business name in 2015 where-as I have filed mine in 2011. I was wondering wh...

    Michael’s Answer

    A cease and desist letter is step 1. Trademark registration probably step two. Then litigation based both on trademark and unfair competition grounds seeking an injunction and money damages.

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  • Do I need a specific type lawyer for a HIPPA case or would any lawyer be sufficient for a HIPPA violation?

    In a deposition, my health status was repeatedly asked, and which is kept private about my health. It is on a recording, due to the deposition, and this attorney kept asking about my health. The deposition being given has NO RELEVANCE whatsoeve...

    Michael’s Answer

    There are several reasons your facts don't give rise to a cause of action or damages.
    Mr. Brinkmeier gives you a very good answer.
    In addition, deposition questions are in most regards priviledged.
    HIPAA (not HIPPA) is more complex and if you insist, there are HIPAA legal specialists.

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  • If you obtain a work visa do you get a SSN

    Business

    Michael’s Answer

    Here is an official answer for you to review: https://www.socialsecurity.gov/pubs/EN-05-10107.pdf

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