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Konny Sylvester’s Answers

13 total

  • How do I enforce the contract between me and ex - partner ? I follow non compete : he refuses to pay out ownership % .

    1 . Mr . A and Mr . B buy existing business , borrowing 100% . Mr . B ( minority partner ) is paid 50k base and 40% of net profits , at the end of 2 years will own 20% and has an employment contract ( # 1 ) . ' 2 . Mr . A comes back...

    Konny’s Answer

    • Selected as best answer

    As pointed out by my colleague, reviewing the actual agreements may change or impact my answer. That said,let me point out a key factor that your previous attorney’s appear to have missed. A contract is only EVIDENCE of an agreement. The business practice that you have established and relied upon is also evidence and perhaps better evidence of your agreement between A & B.

    You were right to refuse a third agreement whereby your return on investment or salary gets reduced to the benefit of your partner.

    I am a contract attorney and mediator. I would be glad to assist if needed. I do suggest mediation as a quick and low cost way to settle this dispute.
    GOOD LUCK! (not”.com”)

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  • Is AAA arbitration handled without involving the court system?

    I would like to hire an attorney and in the event of a possible fee dispute, I do not want to involve any court systems. Public record of fee disputes, from a client's perspective, can't possibly help reputation, regardless of outcome. If an a...

    Konny’s Answer

    Dispute Resolution Issue: It is usually much beter to use an informal system because the resolution is qucik and less expensive.; that is, however, UNLESS you use AAA. The AAA Rules require a $10,000 deposit up front--which your attorney may or may not know

    i concur with my colleague, the Ohio Bar should have a no cost (excpet for your own new lawyer) mediation/arbitration, but understand that it is paneled by your attorney's colleagues. A better way may be a low or no cost mediation/arbitration cetner in your area. Check around. We have one here in Atlanta called The Justice Center. It is free to residents and businesses of Fulton County.


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  • Need to endorsed and/or enforce and/or collect a US judgment in Japan.

    I have had an accident with a Japanese citizen in Los Angeles in 2006 . The accident was his fault and he gave me his Insurance information's from his Insurance in Japan . After all my medical problems and recovery I contacted his Insurance in J...

    Konny’s Answer

    Dear Injured,

    I concur with my colleagues, but believe that while the law may be complicated, the culture is on your side. I can assist with the domestication of the judgment in Japan. However, I suggest an informal approach first.

    A party loses face be being sued for running away from a debt, especially when that debt was incurred for a wrong perpetrated on another innocent person. No One in Japan wants to lose face. It may be that a simple letter from an attorney to both the driver and his insurance company, stating that the attorney has been retained to collect on the US judgment—on a claim that the insurance company failed to properly defend—would be sufficient to get the insurance company to do the right thing.

    GOOD LUCK, and contact me if I can be of service: (not “.com”)

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  • Can you sue a concert venue for breach of contract?

    Is it possible to sue a concert venue for selling tickets which states "advance admission 30 min prior to general public" for an EXTRA $20. Then when you get there you are told that is not available for this concert, yet you have already bought an...

    Konny’s Answer

    Dear Concert Goer,

    i agree with my colleagues both legally and compassionately. Once you paid for the ticket, the offer to allow you into the venue "30 minutes prior to the general public" became a binding contract.

    The issue as I see it is WHO you sue in small claims court. is it the ticket seller (probaly only an agent for the real party in interest), the venue or the promoter. You don't want to get to court only to be thrown out. I suggest that you do some homework to find out who was responsible for making this deal and who ultimately got the money from the tickets.

    Good Luck!

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  • Hi, I am an artist living in Atlanta, Ga.

    I was represented by a gallery in San Francisco . Originally the relationship was good and they sold and paid for multiple paintings . About 2 years ago I found out that the owner sold over $ 50 , 000 worth of my work and then admitted to me t...

    Konny’s Answer

    Dear Artist,

    Unfortunately it is not uncommon for galleries to sell an artist’s work and never pay them. That said, I would NOT go to California unless a Georgia court refuses to hear the matter. If the gallery contracted with you in Georgia, the art was produced in Georgia, all the coordination for individual transactions (sales) were conducted by you in Georgia, then I think that you have sufficient “contacts”—the legal requirement—to establish jurisdiction here.

    That said, I would invite them to mediate the case here in Georgia. If you are in Atlanta, I can assist you with low or no cost mediation. You would still need to pay for legal representation, but not the mediator. It could be a win-win for all concerned. The gallery does not have a public blemish and you get the matter resolved quickly and inexpensively.
    GOOD LUCK, and if I can be of assistance feel free to contact me at

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  • What do i need to know before importing products from china ? I want to import children clothing to the USA

    Other than trademarks / copyrighted material can i import children clothing and resell it in the USA ? Say it just has a picture of a plain penguin on it for example

    Konny’s Answer

    Dear York, PA,

    The simply answer is “YES.” You can import clothes from China and sell them here. Companies do this every day. I agree with my colleagues that the process—given so little information—would be lengthy to detail here.

    So let me get you started. First, did you do your due diligence on the company from which you plan to import? If not, do so.

    Second, ask for a list of the components, dyes, fabrics, thread, etc. used to make each piece of clothing. In this way if one item is tainted, but another isn’t you can simply exclude the tainted item from your order. Also, find out the origin of the insignia, if any, and from where the rights to the image were derived.

    Third, check with customs and your importer for restrictions on any components, AND for the import duties. Also, you should know your total costs BEFORE you place your first order.

    Fourth, check the trademarks that the company tells you they have. Veridy their ownerhsip and sources before importing.

    Fifth--this is where it gets tricky—carefully plan the financing and delivery. Shipping, delivery, acceptance of goods and the payment of goods all go hand in hand in imports and exports. Letters of credit can hurt you if you are not well versed in what is critical, what to look for and how to negotiate and manage them. You want to have the goods delivered to your port and inspected by you BEFORE your credit, funds or letter of credit are drawn down. There is so much more to this, o educate yourself well or hire experts.

    Sixth, the Chinese are notorious for making the first shipment good and later shipments more defective or varying from the order. Be aware.

    Find a professional that you trust to help you get started. Hopefully this helped you along the way.

    GOOD LUCK! If I can be of assistance, please contact me at (not “.com”)

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  • How do I bring a large amount of money to the US from Chile?

    I have properties in Chile that I am planning to sell within the next 6 months . They are estimated to value at about $ 400 , 000 US Dollars and I need to bring it back to the US . Would I need an attorney to help me with this transaction ? I...

    Konny’s Answer

    Welcome back to the U.S.

    There are several strategies that can be employed to bring the money back. I would image that you would like to do it with the least amount of taxable consequences, no?

    While I would have to have more information to give you legal advice, let me just share some thoughts:
     You could bring the money in as an investment in U.S. real estate, a U.S. business or an investment fund.
     Good relations with your bank in Chile will make a difference.
     Also, obtain certified copies of your real estate closing transaction to be able to prove the “source of funds’ a key to avoiding AML (anti-money laundering delays.
     If the funds are generated from a primary or second home, you may have tax deferral if you reinvest in the same within 2 years of your sale in Chile.

    There are more ways, but I wanted to give you some ideas before agreeing with my colleagues that seeking detailed advice from an international lawyer is wise. It is also imperative that you check Chile’s withholding requirements before taking the monies out of their country.
    GOOD LUCK, and feel free to contact me at

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  • I hired a contractor to model my basement $30000. He did not complete the work did a bad job of whatever he has completed.

    I am from Georgia. I had asked if a permit was needed and he said it was not. What can i do to make him complete the work or returned my money. Can i sue him?

    Konny’s Answer

    Dear Home Improvement Owner,

    Chances are if this guy has already done poor quality work, you do not want to force him to do more work. There are several issues to sort out. Here are my thoughts.

    First, do you need a permit? If so, you or your new contractor will need to pull one. Your city, or if out of the city limits, your county will have a building inspector and building permitting department that can answer this question. Contact them. Chances are you do need one. For example, in Decatur a permit must be pulled for any work over $1,000.

    Second, is collecting the money that you feel you deserve for unfinished work. If you had a clear scope of work with benchmarks, then it will be easier to determine how much of what you paid should cover what parts of the work. However, your situation is common, and typically the scope of work is vague and how much the contractor gets paid for each portion of the work is unclear. This makes it hard to prove and hard then to collect monies in court.

    But do pay attention to Kevin’s comments. An unlicensed contractor is your best bet to getting a judgment for monies paid. Otherwise, you have to prove that he did not do the work for which the monies were given. The fair market value of what he did do will be considered earned. For this proof it will likely take an expert witness. Their fees are often $2-300 an hour. It will be hard for you to prove the value of this work without an expert. If you fail to prove that he has done work valued at less than what you paid him, then you will lose in Court. You will not recover your attorney’s fees—which you may not recover even if you win—and you will not recover your expert witness fees, court costs or time off work.

    Third, is the collecting the monies for work that he did poorly or for which you may have to have redone. To prove the damage for the improper work, you will need an expert as well, unless the damage is so obvious that a layman would reasonably conclude that what the contractor did was harmful. Still, to establish the value of the damage you will at least need the estimates of repairing what he did from no less than 2 credible, (e.g.; licensed) contractors.

    For both uncompleted and poor work you may well have a good argument for fraud in the inducement, misrepresentation and misrepresentation with the intent to defraud and swindle. These types of claims are similarly not easy to prove.

    The good news is that you can go to small claims court if the amount you seek is $15,000 or less. Otherwise, you really would not be well served without a lawyer.
    Next time, get a clear contract, with what money is to be paid for each bit of work, when it is to be done and to what specifications.

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  • Can someone bring parents money from another country that has already being taxed in that country? Will it be taxed again?

    My friend's parent plan to give him some money. He wants to bring his parents money from their country. They have already paid taxes on that money. Does he need to pay taxes again on that money.

    Konny’s Answer

    Of course you can always bring money, but BEWARE. READ the Disclaimer below. That said, here are some ideas: If you bring cash or an instrument over $10,000 you should make arrangements ahead of time. The parents can get the declaration forms from the U.S. Embassy in their country of origin. It is usually best to simply wire the money in amounts preferably below $5,000USD, but definitely below $10,000USD as they move faster and with less scrutiny. However, amounts up to approximately $14,000 a year are tax free in the US if they are gifts to any one person. So typically the parents could give up to $14,000 to their son and another $14,000 to their daughter-in-law tax free, totalling $28,000USD.

    If you are bringing in amounts over this, then you need to comply with anti-money laundering laws and regulations and your bank (and theirs) will likely have their own set of procedures. If the money is being brought into the country for business investments purposes then there are also withholding taxes that likely would apply. Also, the country of origin may impact the ease or difficulties with the money transfers, as well may the parents relationship with their own bank.

    In this instance it is best to seek good international tax advice for any amounts over $5,000USD.

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  • Can a Section 8 tenant legally kick out relatives he added as occupants in his rental agreement or withhold their belongings?

    My father rents a home threw section 8 , & he added my 2 small kids and I to his rental agreement as his occupants for about 4 years . When I began receiving child support for my first child , our household income changed and section 8 could no lo...

    Konny’s Answer

    So sorry to hear about your troubles. There are two main legal issues here. First, do you have rights under the lease as a tenant. I would have to read the lease to find out, but my guess is “yes.” If so, you have the right to remain in the residence as long as you are in compliance with the lease terms. Note however, that if the lease requires “you” to pay rent and you have not, then you are in default. Chances are that your Dad does not have the right to “throw” you out . The landlord would have the right, but not typically another tenant. He would have to go to court for that unless you voluntarily left.

    You may have an action for wrongful termination of your lease, fraud, duress, threat of bodily harm—if he so threatened, among other claims.

    Second, is the issue of your father having converted your property to his own use. You have an action for wrongful conversion unless you promised him your property or gave it as collateral for rent or other terms that you failed to keep.

    CONCLUSION: It is hard to tell exactly what your rights are without seeing the exact terms of the lease. You likely have rights under the lease, but may not. If you do have rights under the leased, then you have a cause of action –i.e.; can sue—your Dad unless you are in violation of any terms of the lease. Either way, you likely have a cause of action for the value of the property that he has retained, and refuses to give back that belong to you. Go to Legal Aid and see if you qualify for a low or no-cost attorney.

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