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Eric J Camm

Eric Camm’s Answers

226 total


  • Tampering with a notarized document

    A two (2) page notarized document was altered 90% of the page was changed to allowing a automobile to be registered without lean holder information

    Eric’s Answer

    If you have the original or a copy of the original take it to a local attorney and seek advise as to how to protect your interests.

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  • How do I recover money owed to me by a hospital?

    I had a stay at a hospital last year. At the time I was admitted I wasn't covered by health insurance. So I paid the expenses out of pocket. I since paid for COBRA coverage retroactive to include the time I was at the hospital. My health insura...

    Eric’s Answer

    Health care providers are very difficult to deal with some times. I agree with the prior answer that you should seek counsel that is familiar with dealing with these entities and see if they are able to get you an expedient recovery.

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  • Do I need to file a DBA?

    I have a LLC in Missouri, but will be expanding that to other states as a "foreign company." However, in one of the state I am going to be registering in has a company with the same name. I am going to change the name of my LLC by a word (it was p...

    Eric’s Answer

    So the question and your planned course of action is a little confusing - which makes this harder to answer. If you are currently up and running in Missouri, but planning on registering in another state as a foreign company/corporation doing business in that state - then what you'll need to do depends on the state that you are planning on moving into. Some states will have you register your LLC under your original name, and then register a DBA for that state to avoid the conflict with the other company in that state with the same name.

    If, however, you are already planning on changing the LLC's name to your full name - then you might want to get that done in Missouri first, before branching out, as it may reduce any conflict in states you plan to expand into.

    If your business is successful and expanding - it would be a good idea to get a business attorney in St. Louis to work with you on this. Doing so will ensure that you are maximizing and protecting your proprietary information and Intellectual Property, as well as properly registering and getting established in the states you are expanding into.

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  • Do we need to apply for 501(c)(3) status?

    My family and I get together annually for our reunion. We have bylaws and take in dues to support the reunion (food, rental space for the event, etc.) My concern is that the elected and appointed officers are not indemnified. Again, all funds a...

    Eric’s Answer

    There are a lot of non-profit corporations out there that are not recognized 501c3s. Your concern about indemnification can be addressed by looking at your Bylaws, the non-profit statute in NJ, as well as looking into your options for an affordable insurance policy for the Board and Officers.

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  • If I render services, do I legally have to offer a refund if customer is unhappy?

    Hello, my wife and I have a photography business. Once our work is finished, given to the customer, and our payment is received, are we legally obligated to offer a refund if they are unhappy with our work? We have not put "no refunds" in our ...

    Eric’s Answer

    The terms of your contract will determine performance and payment obligation. Generally if you have done the work and the client has paid - the funds are earned. To recover the customer would have to show you did not perform what was contracted for.

    I agree with the previous answer that you should have a Florida attorney review your contract ASAP to ensure it is clear as to what your obligations are, and when a customer's payment obligation is triggered.

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  • Am I personally liable for business debts?

    I was the sole owner of a business, registered with the SCC as a corporation, that went out of business at the end of 2011. The business license expired in 12/2011, and no list of directors was submitted to the SCC for 2012. In 6/2012 (approximat...

    Eric’s Answer

    If the motion for default is against the original defendant and you are still not named as a party then it doesn't sound like the Plaintiff is trying to hold you personally liable.

    I would contact a lawyer to make sure you have properly wound down the entity and are protected.

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  • Does a volunteer waiver form need to be notarized?

    When an individual volunteers with us, do we need to have a notarized waiver of liability? What if they are under the age of 18?

    Eric’s Answer

    Different states have different interpretations on liability waivers, including how they are applied to minors (ie if a parent signs on minor's behalf). As mentioned in the previous answer, I'd ensure that you have an attorney in Minnesota draft the waiver in a manner that maximizes its effect under Minnesota law, and further ensures that Minnesota law governs any dispute that arises under the waiver (in the event that an event was outside of Minnesota).

    In addition to a well crafted waiver, I would make sure you have the correct insurance policies in place to cover your organization for the types of activities that you are engaged in.

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  • If my son who is 24 runs a business out of an office, (not at home), will I be liable for anything while he resides with me?

    Son will live at home, but maintain an office else where.

    Eric’s Answer

    If it's his business and he runs it the right way - he should be protected from personal liability and you would have no concerns at all. If he runs it fraudulently or creates personal liability for himself then he may risk his own personal assets but your assets should be at stake.

    Only if you involve yourself in the business (like signing guarantees as mentioned in the previous answer) or help your son do anything he shouldn't be doing should you have any concerns.

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  • I'd like to set up a business in NJ. I would be the only employee, operating from home. What type should I set up?

    Very little equipment would be needed: my computer and a new dedicated land line, phone and headset.

    Eric’s Answer

    An LLC or a Corporation (electing to be taxed as an S Corp.) are likely the two best candidates. I would schedule a consultation with a lawyer who deals with business formation to ensure your initial corporate governance documents are in order, as well as to ensure that you obtain the appropriate licenses and insurance to maximize your liability shield. Good luck.

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  • I want out of my business partnership. How do I do this?

    My business partner left for a full time job and only comes in maybe 3X per week between 5 and 11 hrs all together. I am at our shop 4X/week for about 26-32 hrs all together. I've been bringing in more profit than she has since she is not there ...

    Eric’s Answer

    As mentioned by the previous answer - I would make sure you collect all of the relevant documents evidencing this situation and make sure that you have copies of them that cannot vanish. At that point I'd review your corporate governance documents and see what dispute resolution mechanisms are in place (if any) and then contact your partner and let her know your position. If she acknowledges the situation then maybe you can resolve this quickly. If not - you can take steps to litigate or simply do what is required of you to relinquish your interest in the business and walk away.

    The most important thing for you to do right now is to educate yourself on what your duties and obligations are in terms of dispute resolution. You do not want to compromise your position by taking action that violates your operating agreement or bylaws (or relevant statute). Make sure you are organized and prepared - and then present the dispute to your partner. It would probably be a good idea to consult with a business litigator before you take any action, to ensure you have properly prepared yourself.

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