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Kenneth Stephen Mitchell-Phillips
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Kenneth Mitchell-Phillips’s Answers

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  • Answer to summons

    a settlement proposal was offered to me but had to agree in 2 wks.. also a court sent abritration date to pick an abritator. it was 2 wks. did not do either of these. what can happens now? its over credit card debt of 5100.00

    Kenneth’s Answer

    It's hard to tell how long you have without looking at your paperwork. However, you should act quick before a default judgment is taken against you. It may be helpful to hire a lawyer to help you file a timely answer to the compliant filed against you.

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  • I want to form an LLC and a dba in conjunction with it. What is the proper way to file with the state of Oregon?

    Do I file for the LLC first and once approved file for the dba?

    Kenneth’s Answer

    Yes…this is a fairly simple process if you are a single-member LLC. However, depending on whether you plan to have other members now or in the future or your particular line of business, it may be helpful to consult a business attorney to help you with the process. Most attorneys have low cost company formations packages between $750 to $1,000 in Oregon that are more valuable then filing a form with the Secretary of State.

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  • Suing for wrongful employment discrimination.

    I applied at a temp service they had a area of the application that asked, do you have a misdemeanor and felony charge. I noted yes to each, then explained what happened. The temp service had sent me out on a job, I accepted, then my background ca...

    Kenneth’s Answer

    I'd be interested in talking more about your potential claim.

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  • Do I have to register an online business if I don't have people coming to the house? This is marketing travel packages.

    I will be making money, so I will have to pay taxes.

    Kenneth’s Answer

    It depends. Most businesses need to register with the Oregon Secretary of State. However, if you structure your business as a sol proprietorship and will be using your personal name rather than an assumed business name, you do not have to register with the Oregon Secretary of State. If you are a sole proprietorship and plan on using a an assumed business name you do have to register with the Oregon Secretary of State. Any other business entity (llc, corp, partnership) must register with the Oregon Secretary of State. Although it is an on-line business, I would suggest getting some advice from a business attorney in terms of what type of entity you should form for marketing travel packages on-line. I would be careful using a sole proprietorship with this type of business.

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  • Is my wife entitled to my company's assets?

    I have an S-Corp company account with a balance (to run the business, pay taxes, contractors, business expenses), as well as physical assets (office equipment, furniture etc). If so, how much is she entitled to?

    Kenneth’s Answer

    I agree with my colleague that it depends on a lot of factors. Assuming you are an Oregon resident, generally, the only persons entitled to the assets in a S Corp are the shareholders of that S Corp. However, this could change through a divorce, child support, bankruptcy, etc. If none of these or similar situations apply, there are several ways to protect yourself to make sure the assets of your S corp are protected. I would suggest contacting a good business attorney to accomplish this because a good business attorney is sort of like insurance - protecting your interests before you lose certain rights to your interests in an S Corp.

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  • I bought a van from a man on craigslist, we have a contract. He is trying to extort money from us.

    We bought a van from a man on craigslist. We have a signed contract stating that the van is $2000 and we have 5 payments of 200. Well he wanted a $100 early and said to take off a payment. Then later he took the van and said he would't give it bac...

    Kenneth’s Answer

    It sounds like you have rights to your van, but if you haven't transferred title (which you should have done immediately), it may cost you some money, time, and effort to fight against this double-minded seller. As a practical matter, I would get your money back and the van and not deal with him anymore. From a legal standpoint, you could probably try to enface your rights in small claims court but it also may be helpful to get an attorney involved as he might be more responsive hearing from a lawyer.

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  • Looking for ideas of contracts/agreements we could use when hiring new members in our work group.

    We are a group from Portland, OR made up of engineers and working on a project that could revolutionize the way we commute in the near future. Our members are all volunteers right now and we are looking for ideas of contracts or agreements that wo...

    Kenneth’s Answer

    I agree with my colleagues regarding hiring spending a few hundred dollars to consult with an attorney to formalize a business arrangement that reflects your desires. There is too much to consider to answer the question with the information that you have have given and a good business transactional attorney could help you address the current and future issues with your proposed business venture. Also, I would get that advice on the front end of your venture rather than later as if your venture makes money and/or is in a position to get venture capital, you will need to have a solid business arrangement in place already before you attempt to go to the next phase.

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  • We leased 2 business Printers here in Oregon. Business dropped off drastically and we had to return them after less than a year

    The company we signed the lease with sold the paper almost immediately. The lease does not say ythey will do that. The finance company messed up alot of paperwork in the first few months chargining slaes tax on an Oregon contract. Before procee...

    Kenneth’s Answer

    Would need the lease agreement to determine what your rights are in this situation. If you believe that the company took advantage of you the best thing to do is contact an attorney to discuss your options.

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  • Can a board of directors dissolve my hiring contract? (non executive staff)

    Following the firing of my boss I was notified by the board that I was not a "real" employee, since they had not approved my hiring. I was told that I was not laid off, but that I would have to apply for my current position and compete for it- bu...

    Kenneth’s Answer

    I would need to know much more to adequately answer the question. Is this a non-profit or profit corporation? Why was the boss fired? What were the circumstances surrounding your hiring? These and more questions are important to know. Generally, the board of the directors are empowered to make business decisions on behalf of the organization. These decisions may include the hiring and firing of staff. Typically, the executive director hires and fires staff under the authority of the board, but but that doesn't mean the board cannot make decisions regarding staffing. Now, the board doesn't have unlimited authority. The board could be limited by its own bylaws, articles of incorporation, laws, or by contract. My suggestion to you is to hire a good lawyer to review your circumstance and advise you as to your options. It may be that the board, through your boss entered into a legally binding contract with you. If that is the case, the board would be obligated to honor their contract. However, based on your facts, I would need to know more to make a definite determination.

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  • Can landlord change lease so that she isn't responsible for pool repair?

    We have been renting the same house for 4 years, about to sign lease for another year. Every year landlord tries to add provisions that are contrary to law - I fix/omit them then send it back signed, never hear anything back. - but she sends it si...

    Kenneth’s Answer

    I agree with my colleague. If this is a lease renewal the landlord can decide that she doesn't want to fix the pool. However, in order for you both to enter into a new lease, you both need to be in agreement on the terms. So, if you don't agree to the new terms you will need to decide whether to move or negotiate different terms. If you don't want to move, you may want to consider hiring a real estate attorney to help you negotiate the terms of the lease.

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