Steven Alan Fink's Answers

My lawyer wants settlement money wired to his trust account, and I want it wired directly to me. Written agreement is silent.

Money is almost always sent tl lawyer's trust account because condition of settlement is that dismissal of case be filed before funds are released to client. Lawyer puts money in trust. Check clears. Lawyer files dismissal. Lawyer sends final invoice with check to client. That is typical way it is done.

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Business corporation status - what does this mean

You should have no legal problems if you file for new corporation in CA using same name as a defunct Florida corporation. You are legally entitled to use that name here.

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Can individuals be responsible for unpaid corporate taxes?

Technically, yes. However, I have not heard of the FTB pursuing the $800 minimum franchise tax fee against officers, directors or shareholders. This is probably because it would cost them at least that much to sue, with collection still questionable.

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Truck accidant

Many times an attorney will file a lawsuit to get an increased offer and to show they are serious. Filing suit does not prevent mediation or arbitration. It sometimes encourages it.

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Car accident on private property

Take pictures of your car where you hit other car and wait. If other driver does nothing you do not have to do anything. If they make a demand for you to cover repair costs, have your shop give an estimate rather than the other driver's shop.

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If I inherit land and property from my father's estate do I have to pay property tax each year on both?

Taxes have to be paid on land and property. It is one tax bill, valuing both. You and girlfriend need to arrange to divide tax payments or else sell property. If she refuses, you can file action with court.

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Is this transaction usurious?

It sounds like a clever attempt to circumvent the usury laws. However, it should not succeed. The guaranteed $3000 per month return makes it more like a loan and less like a partnership. Any interest you pay can be recovered in a Complaint for Usury. You will still owe the $70,000.

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What does a partnership lawyer do

We make sure there is a written agreement dealing with issues regarding management, income and expenses, duties, salary, termination of partnership, and similar issues. Better to have agreement you never refer to, than to have a dispute with no means of resolution.

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Is there any way to paint houses in California without a state license?

You will violate the Contractors License Law and can be subject to arrest if you do the work without a license. However, if they buy the materials and just hire you on an hourly basis to paint, it would be legal if you were paid less than $500.

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Do we have any recourse from a private lender who refuses to follow proper protocol on foreclosure and just wants our home?

There are many real estate attorneys who will be happy to seek an injunction preventing the foreclosure sale from going forward in violation of CA law. You should be able to find one in your area on Avvo. If not, I know of a great real estate attorney in Orange County. Meanwhile, you should write a detailed letter to the trust co. requesting notices and informing them of the lender's violations. You should also record a Request for Notice under Civil Code Section 294b to insure you get...

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