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Mark S Britton

Mark Britton’s Answers

139 total


  • 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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  • Contract to Build a Home

    I entered into a contract to build a new home after being pre-approved by the builder, and put $2,000 in earnest money down. Five months later, just two days before we were scheduled to close, the builder came back and said that our finiancing had...

    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.

    Presumably you had a contract with the builder, what does it say regarding return of the earnest money? If it says that you entitled to receive it under your circumstances, then I would send the builder a certified letter setting forth your understanding of the facts and demanding back your earnest money. If the builder does not comply, then you could file a suit (representing yourself) in AZ small claims court. Here is link to info on AZ small claims proceedings.

    http://www.supreme.state.az.us/info/brochures/smclaims.htm

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  • Retail Law

    Is there a federal law that says that a person cannot return a PC game that has been opened?

    Mark’s Answer

    Thanks for using Avvo. I am Mark Britton and I am the CEO at Avvo. I am also a lawyer. Bc we are not in Alabama yet, you may not get a response from one of our loyal Avvo lawyers. Still, I wanted to offer some help. Please keep in mind that I am not a Alabama lawyer, and to get a definitive answer on this you should consult a lawyer in your area.

    Anyway, there is no federal law dictating return policies for retail merchants. There may be an Alabama law, but I doubt it. It is up to the merchant to decide whether they want to do this for you.

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  • IRS payment personal check writing for less to accept payment in full.

    If I owe money to the IRS and I write them a check for what I feel is fare which would be far less than what I owe. I write in the memo/for part of the check if cashed payment in full accepted. Would that work or no? Or what would I have to put on...

    Mark’s Answer

    You could attempt this, but it is doubtful that it would work. Courts have generally held that where a debtor (you) tenders a check to a creditor (IRS) as payment in full for less than the amount alleged to be owing on the debt, the creditor may accept the check as partial payment, so long as the creditor reserves its rights in a manner that clearly and explicitly notifies the debtor that the check is not accepted as full payment on the debt and that no accord and satisfaction has been effected.

    In other words, the IRS will cash your check and then immediately send you a letter saying you owe the remaining amount. By cashing the check, they have not accepted your terms.

    I suggest you pay your taxes in full. It will cost you much less money and time in the long run.

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  • How do I get my deposit back?

    Gator Chrylser took my down payment of 1300.00 but did not give it back when they could not get financing. How do I get my depost back?

    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 FL lawyer, and to get a definitive answer on this you should consult a top Avvo-rated lawyer in your area.

    First, presumably you entered into a purchase contract. What does that say about returning the down payment? I would understand what the contract says before proceeding.

    Considering the amount, I would sue the dealership in small claims court. A website for FL small claims is below. However, bf doing that, I would send them a registered letter which sets forth all of the facts and demands repayment of your deposit per the terms of the contract. If they do not respond, this will help the judge decide in your favor. If they do respond, at least you will know what their arguments are.

    In the small claims proceeding, the judge will rely almost exclusively on the purchase agreement.

    http://www.fllawonweb.com/SmallClaims.htm

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  • Taxable vs. non-taxable settltments

    what kinds of settlements are not taxed besides injury?

    Mark’s Answer

    Could you repost your question specifying a type of settlement? There are many different types of settlements out there - for example, you could settle on child visitation rights and those are obviously not taxable.

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  • Personal taxes

    We live in st.paul,mn. and the state placed a levy on my husbands wages and 1 week ago the IRS came in and cleaned out our checking acct and put it negative and placed a levy on my checks.My question is what can we do? we cant afford an attorney a...

    Mark’s Answer

    I would contact MN legal aid. They may be able to help you.

    http://www.midmnlegal.org/RTF1.cfm?pagename=Legal%20Aid%20Society%20of%20Minneapolis

    I think you the IRS and state are taking so long to get back to you bc there are so many other folks in your position right now.

    Hang in there.

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  • Property taxes

    i was left a house in a will and i don't want it am i responsible for the taxes

    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.

    Still, yes, in almost every case you would be responsible for the taxes. If you really don't want it, you can decline the gift (talk to the executor of the will), but why not sell the property and simply recoup your tax payment plus a profit?

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