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Mark S Britton

Mark Britton’s Answers

136 total


  • Pllcersonal bankruptcy while owning an

    If my husband is partners in a business (an LLC) and we file personal bankruptcy can it affect the business and can they ,the creditors go after it.

    Mark’s Answer

    Thanks for using Avvo. I am Mark Britton, the CEO at Avvo. I am also a lawyer. Bc we are receiving so many questions right now, it may take longer for some of our loyal Avvo lawyers to get back to you. In the meantime, I wanted to offer some preliminary help. Please keep in mind that I am not a AZ lawyer, and to get a definitive answer on this you should consult a top Avvo-rated lawyer in your area.

    An LLC will generally shield the LLC assets from the members' personal creditors. However, the allocated profits from the LLC will flow to your husband directly, and creditors will be able to pursue those funds once received.

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  • Car purchase-breach of contarct

    I purchased a car that did not have leather seats. I asked that they install leather seats and they said it would cost more. I agreed to it and signed a form authorizing them to install the leather seats. I was told to take the car and bring it...

    Mark’s Answer

    Thanks for using Avvo. I am Mark Britton, the CEO at Avvo. I am also a lawyer. Bc we are receiving so many questions right now, it may take longer for some of our loyal Avvo lawyers to get back to you. In the meantime, I wanted to offer some preliminary help. Please keep in mind that I am not a IL lawyer, and to get a definitive answer on this you should consult a top Avvo-rated lawyer in your area.

    Get the new authorization form. If it alters your rights in any way, I would ask them why they are asking you to sign a modification to your existing agreement. You are not obligated to modify your agreement. However, if bc you will not sign the new authorization they decide to not do the work and return your money, you could sue them for breach of contract. But I'm not sure that would be worth your time or money. You are better off to just not do business with them anymore.

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  • Cell phone company renewed plan without consent of the main person on the plan

    My friend helped his girlfriend get a cell phone plan with t-mobile 2 years ago. The plan should have ended in June 2008 - my friend told t-mobile that under no circumstances should the plan be renewed (because he broke up with his girlfriend). ...

    Mark’s Answer

    Thanks for using Avvo. I am Mark Britton, the CEO at Avvo. I am also a lawyer. Bc we are receiving so many questions right now, it may take longer for some of our loyal Avvo lawyers to get back to you. In the meantime, I wanted to offer some preliminary help. Please keep in mind that I am not an OR lawyer, and to get a definitive answer on this you should consult a top Avvo-rated lawyer in your area.

    You first need to ask who had the contract with T-mobile. If your friend's name is on the contract, then it is his obligation to pay, notify them of change of address, etc. It is suspect that T-mobile did not comply with your friends demand to not renew the plan. How did your friend make this demand? How was his girlfriend able to extend the plan without him?

    Your friend can hire a lawyer, but it is hard to tell from the facts whether this would be worthwhile. It sounds like your friend was responsible for the plan, he trusted his girlfriend to stay on top of the plan and she didn't. Unfortunately, that doesn't relieve him of his duties under the plan.

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  • Sick Leave Restrictions

    My employer wants to know if he can restrict the use of accrued sick time. He takes issue with employees using sick time for doctor visits. Is there anything in WA state or federal guidelines that prevent these types of restrictions on time that h...

    Mark’s Answer

    The simple answer is no, there aren't any legal guidelines that mandate the use of sick time. Sick time, like vacation time, is a matter of policy developed and enforced by the company. You should consult your employee handbook to see what the sick leave policy allows and doesn't allow.

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  • Contract agreements

    I bought a truck from a small town buy here pay here, the last statament the guy sent me was nov.2005, so everytime i sent a payment i deducted from the statement, so when i got the rest i wrote a check and wrote final payment on the check memo li...

    Mark’s Answer

    Thanks for using Avvo. I am Mark Britton, the CEO at Avvo. I am also a lawyer. Bc we are receiving so many questions right now, it may take longer for some of our loyal Avvo lawyers to get back to you. In the meantime, I wanted to offer some preliminary help. Please keep in mind that I am not a OH lawyer, and to get a definitive answer on this you should consult a top Avvo-rated lawyer in your area.

    Do you have evidence of payment on each invoice? If you do, I suggest you send the dealer a certified letter detailing all of the facts and demanding that they deliver your title. If they do not respond or deny your request, then you should pursue a small claims action. Here is a link to the small claims procedure in OH.

    http://www.ag.state.oh.us/citizen/pubs/smallclaimscourtWEB.pdf

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  • Is it possible to sue based on a verbal agreement??

    My now ex-boyfriend asked me to purchase a car stereo for him in August. It ended up being a $1700 car stereo, $249 back up camera for the car and $880 installation fee. He said he he would pay me back. He had pursaded me to put a new car in my...

    Mark’s Answer

    Thanks for using Avvo. I am Mark Britton, the CEO at Avvo. I am also a lawyer. Bc we are receiving so many questions right now, it may take longer for some of our loyal Avvo lawyers to get back to you. In the meantime, I wanted to offer some preliminary help. Please keep in mind that I am not a GA lawyer, and to get a definitive answer on this you should consult a top Avvo-rated lawyer in your area.

    Oral agreements are very hard to prove. It is your word against your boyfriend's. However, if you feel you can prove everyting above, I suggest you send him a certified letter detailing all of the facts and demanding that he pay you back. If he does not respond or he denies your request, then you could pursue a small claims action. Here is a link to the small claims procedure in GA.

    http://www.georgia.gov/00/article/0,2086,5426814_39039081_39334516,00.html

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  • Auto repair

    What are my legal rights after having thr transmission replaced in my car with a 6 month warranty then the transmission goes out again?

    Mark’s Answer

    Thanks for using Avvo. I am Mark Britton, the CEO at Avvo. I am also a lawyer. Bc we are receiving so many questions right now, it may take longer for some of our loyal Avvo lawyers to get back to you. In the meantime, I wanted to offer some preliminary help. Please keep in mind that I am not a GA lawyer, and to get a definitive answer on this you should consult a top Avvo-rated lawyer in your area.

    I am assuming from your question that the transmission has gone out after the warranty has expired. Generally, you don't have any legal recourse unless you can prove that the second transmission failure was related to the first (i.e., they did not fix it correctly the first time).

    If you can prove this, I suggest you send them a certified letter detailing all of the facts and demanding that they fix your transmission under the warranty. If they do not respond or deny your request, then you should pursue a small claims action. Here is a link to the small claims procedure in GA.

    http://www.georgia.gov/00/article/0,2086,5426814_39039081_39334516,00.html

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  • Severance repayment

    I was laid off on Sept 18th and given3 weeks severance pay. I have gone out for another job with the company,and they are now trying to tell me that I will have to repay the entire severance in a lump sum on re-hire. They previously told me on the...

    Mark’s Answer

    Thanks for using Avvo. I am Mark Britton, the CEO at Avvo. I am also a lawyer. Bc we are receiving so many questions right now, it may take longer for some of our loyal Avvo lawyers to get back to you. In the meantime, I wanted to offer some preliminary help. Please keep in mind that I am not a GA lawyer, and to get a definitive answer on this you should consult a top Avvo-rated lawyer in your area.

    Presumably you signed a serverance agreement when you received your severence pay? What does it say about repayment? If it says nothing, then your employer is simply trying to modify the terms of the severance agreement. If you don't want to modify it, you don't have to. But they also don't need to hire you back.

    I suggest that you simply negotiate something that works for both parties. If you REALLY need the new job, then you will need to go along with their modification.

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  • Am i entitled to more than thirty days?

    i made a verbal agreement with the landlord to pay weekly to cover my monthly rent. however he says he can no longer accept partial payments. my lease is up and i rent month to month now. he recently gave me a thirty day notice to vacate . althoug...

    Mark’s Answer

    Thanks for using Avvo. I am Mark Britton, the CEO at Avvo. I am also a lawyer. Bc we are receiving so many questions right now, it may take longer for some of our loyal Avvo lawyers to get back to you. In the meantime, I wanted to offer some preliminary help. Please keep in mind that I am not a CA lawyer, and to get a definitive answer on this you should consult a top Avvo-rated lawyer in your area.

    Anyway, the key is what your rental agreement says. Every rental agreement specifies how much notice each party must give the other before terminating the lease.

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  • S-Corporation & Distributing Shares

    I am the sole owner of an S-Corp in Maryland. The S-corp has 100 shares valued at a $1 each. I want to offer some one ownership in the company (9) shares. This person helped me with starting the company. The point of this is to offer them a pi...

    Mark’s Answer

    Doubtfully. To qualify for an S-Corp election you can only have one class of stock, and profits and losses must be allocated to shareholders proportionately to each one's interest in the business. Your scenario suggests a second class of stock and/or a disproportionate allocation of profits.

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