Justin C. Lowenthal’s Answers

Justin C. Lowenthal

Davis Business Attorney.

Contributor Level 14
  1. California LLC: Can a mailbox rental store address be used as street address of CA office and principal executive office?

    Answered about 2 years ago.

    1. Justin C. Lowenthal
    2. Jeff Hoang Pham
    3. John Noah Kitta
    3 lawyer answers

    Yes, this is perfectly acceptable. In fact, I recommend it.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. How can I make a will to transfer my assessts in case of my death?

    Answered about 2 years ago.

    1. James P. Frederick
    2. Justin C. Lowenthal
    3. Thomas Anthony Schaeffer
    4. Amanda Marie Cook
    4 lawyer answers

    If you elect not to take Mr. Frederick's advice, you may execute a California statutory will. The link is below. Please ensure that you comply with witness requirements.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. How do judgment-creditors find your bank account if you don't tell them?

    Answered about 2 years ago.

    1. Eric D Ridley
    2. Jeffrey B. Lampert
    3. Justin C. Lowenthal
    4. Brian Campbell Fenn
    5. Paul J Molinaro
    5 lawyer answers

    Judgment creditors may conduct "debtor examinations" which judgment debtors must legally comply with. This is how most judgment creditors discover bank accounts and other assets owned by judgment debtors. Judgment creditors might also hire outside investigators to find your assets; however, this is expensive and is typically reserved for significant judgments. Judgment creditors never have the right to "take" property - they must obtain a court order permitting them to do so. Moreover, this is...

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. I loaned someone close to $45,000 and they signed a promissory note. They have failed to pay the last few months and I can't

    Answered about 2 years ago.

    1. Justin C. Lowenthal
    2. Frank Wei-Hong Chen
    3. Michael Raymond Daymude
    4. Alan James Brinkmeier
    4 lawyer answers

    Counselor Chen is correct, this sort of case may be handled by a CA attorney for a contingent fee. That is your best option, in my opinion. I am not sure you will be able to prosecute the case yourself in a productive manner, being a layperson and living in NY.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. COPYRIGHT OR TRADEMARK?

    Answered about 2 years ago.

    1. Michael Charles Doland
    2. Justin C. Lowenthal
    3. David Nima Sharifi
    4. Dariush G. Adli
    5. Eric Jerome Gold
    5 lawyer answers

    Trademark. You have copyrights in your pictures.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. Can a Minute Order be evidence?

    Answered over 2 years ago.

    1. Justin C. Lowenthal
    2. James Juo
    3. James Michael Slominski
    4. Quin Elen Marshall
    4 lawyer answers

    Yes, it is admissible. You will need to file a Request for Judicial Notice of the minute order. Whether it will have any weight in your particular matter is unknown, but unlikely.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. Can the value of property in a living trust be used to pay the debts of the person who dies?

    Answered about 2 years ago.

    1. Joel Steven Weissler
    2. Robin Mashal
    3. Justin C. Lowenthal
    3 lawyer answers

    I am very sorry to hear about your father. If you father passes away, the trust assets must be used to pay his debts and liabilities. In addition, most trusts contain provisions which allow the trustee discretion to use trust funds to pay for the expense of death and/or final illness. You should review the terms of the trust for such a provision. Trust administration is sometimes difficult. You should speak with an attorney if you require any sort of assistance.

    6 lawyers agreed with this answer

  8. Can Judgment Creditor levy my business account if the Judgment is only against me personally?

    Answered about 2 years ago.

    1. Justin C. Lowenthal
    2. Brian Campbell Fenn
    3. Richard Scott Lysle
    4. Carl H Starrett II
    4 lawyer answers

    Yes, a creditor can levy this account. As a sole proprietor of the business, your business and personal assets are one and the same, regardless of whether you open an account designated for business operations.

    6 lawyers agreed with this answer

  9. Not knowing if contract obligation or breach was involved, ultimatum given " To choose employers" resulted in conflict

    Answered over 2 years ago.

    1. Neil Pedersen
    2. Justin C. Lowenthal
    3. Michael Charles Doland
    3 lawyer answers

    I agree with Counselor Pedersen. However, if you have an employment contract, there is a possibility that are you not classified as an at-will employee. There would likely be a term in the employment contract to that extent. If there is no mention of at-will status and there are provisions in the contract addressing termination or cause for termination, you should speak with an attorney right away so that you can obtain help understanding your rights (and perhaps the employer's liabilities).

    6 lawyers agreed with this answer

  10. Help, I've been sued! How much lawyer fees would the plaintiff rack up considering there is a statute for reimbursement?

    Answered over 2 years ago.

    1. Justin C. Lowenthal
    2. Joshua Branden Swigart
    3. Michael Raymond Daymude
    4. Michael Charles Doland
    4 lawyer answers

    This really depends on the type of case filed against you. If it is a simple matter it may be fairly inexpensive as far as attorneys' fees go. However, if the damages claimed are only $10,000, you should be conferring with an attorney immediately to discuss a quick settlement. Your attorneys' fees, plus those of the plaintiff, will easily reach $10,000 in +90% of cases that go to trial. An attorney can help you negotiate an offer in compromise or supervised settlement that will help you avoid...

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