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Scott Steven Sheffler

Scott Sheffler’s Answers

28 total

  • Currently operating a sole proprietorship, want to LLC but should I wait until 2014 to avoid the renewal fee and paperwork?

    Have been in operation less than 30 days and have not made income after initial start-up costs (professional licensure, malpractice insurance fees, professional organization fees). This is a private practice (counseling).

    Scott’s Answer

    • Selected as best answer

    Do you have some compelling reason to need to file the Articles of Organization and form the LLC with the Florida Division of Corporations prior to December 31? In other words, if it can wait 3 weeks, let it wait.

    If you are concerned that you need to immediately begin deriving some benefit that would come from operating as an LLC, keep in mind that a "promoter" or "incorporater" can be insulated from personal liability for obligations created prior to the date the LLC or corporation is actually formed provided certain conditions are met. This type of analysis and counsel would absolutely warrant the advice of an attorney experienced in business and corporate law matters.

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  • How can we find the owners of a corporation?

    I was told that the names and addresses of the owners of a corporation and the articles of incorporation have to be on file with the Florida secretary of state. However, we can't find this information on sunbiz. How do we find out this informati...

    Scott’s Answer

    The shareholders ("Owners") of a privately-held corporation are not required to be listed or registered with the Florida Division of Corporations. The names of the officers and/or directors are often reflected in the Articles of Incorporation.

    If you are a shareholder in the corporation, you have the right under Chapter 607, Fla Statutes, to inspect the corporate books and records which should include a listing of all owners. If you are not a shareholder, you do not have right to know the names of the shareholders in the absence of some contractual right given to you by the corporation or by Court Order if you have a legitimate basis for obtaining this information.

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  • A FL building permit issued on 8/20/12. What are time-lines for a sub-contractor to file a Notice to Owner & Notice of Lein?

    The sub contractor electrician actually began preliminary work in April 2012 for which he was 1st paid by us thru the general contractor in May 2012. The permit was officially issued 8/20/12. This sub contractor continued work on the project thr...

    Scott’s Answer

    The date the permit was issued does not dictate lien rights for the sub-contractor.

    A sub-contractor must serve a Notice to Owner upon the owner within 45 days from the date the sub first began furnishing work or materials to the property (Sec. 713.06, Fla Statutes).

    The sub-contractor then has 90 days from the date he last furnished work or materials to the property within which to record a construction lien in the public records of the county where the property is located (Sec. 713.08, Fla Statutes).

    Interim/Partial payment dates and/or permit issuance dates do not alter these strict deadline dates under Florida's Construction Lien Law.

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  • I am renting a home that is in foreclosure in Florida and was very recently served with a "Motion For Judicial Default"

    I am renting a home that is in foreclosure in Florida and I was very recently served with a "Motion For Judicial Default". Why would this document be served on me as the tenant? Also, the document states that I "failed to serve an answer to the or...

    Scott’s Answer

    A "judicial Default" is a default entered by the presiding judge as opposed to a clerk's default. The judge will very likely require the Plaintiff to set a hearing on the Motion and provide you with notice of the hearing., You will then have the opportunity to appear at the hearing and make your arguments to the judge.

    It would not be advisable to simply "write to the plaintiff's attorney" and believe the motion will be resolved in that manner.

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  • How many years does personal guaranty is valid for after filling for Chapter 7 business liquidation?

    I had filed for Chapter 11 that turned into Chapter 7 business liquidation in 2009. How many year does a personal guaranty loan expires after Chapter 7 business liquidation? Thank you!

    Scott’s Answer

    The language of the guaranty should provide the answer to your question.

    For example, if the guaranty is "continuing and unconditional", the fate of the business entity (I'm assuming for purposes of answering this question that the business was a corporation or LLC), may not relieve you of obligations arising out of the guaranty,

    You should consult with an attorney to review the guaranty and the facts surrounding your particular matter to determine an appropriate strategy relating to your liability under the guaranty.

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  • Roofer overcharged for x work, told him not to exceed 2x the quote. He has filed a lien before final insp can I fight this?

    I hired a roofer to replace our roof. We knew there was 2 roofs before he started. After 1st layor was started being removed we descovered that there was much more work. We came to a verbal agreement on the extra labor to remove the roofing. Roofe...

    Scott’s Answer

    There are a number of legal issues presented here. A consultation with an attorney experienced in Florida's Construction :Lien Law is highly advisable.

    Based on the facts you have explained, you should first understand that the roofer will have to prove that the amounts he is charging for his work arise out of a valid contract between the parties. It sounds like there may be differing accounts as to what you actually agreed upon, especially as to the change order for the extra work. If your original contract (you reference a "quote") is in writing, it should be reviewed to determine if there are provisions dealing with change orders.

    Additionally, the roofer is required to provide you with a Contractor's Final Payment affidavit, pursuant to Section 713.06, Fla Statutes, in order to apply for the final payment from you. The affidavit must show the names of all unpaid subs and suppliers so you will know who is a potential lienor on your property. You can then make direct payments to those unpaid parties in exchange for their Final Lien Releases (which addresses your concern regarding the supplier).

    If the roofer files a lien, you have the right to contest the lien in various procedural ways under Chapter 713, Fla Statutes.

    Again, you should consult with an attorney knowledgeable in this area of the law to determine an appropriate course of action.

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  • My mother & I jointly own a house in Florida. We want to transfer ownership to my brother. How do we do this?

    There is no morgage and my brother lives in the house.

    Scott’s Answer

    The transfer can be done with a quit claim deed if title warranty is not an issue.

    I would recommend consulting with a tax professional to determine if there would be any income tax implications to the transaction.

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  • If there was a judgement issued against me without my knowing about it can I fight it?

    If there was a judgement issued against me without my knowing about it and now 16 years later my license is suspended and at 10% interest since the judgement I'm looking at 9K what can I do? I don't have the $ to pay. The accident occurred in di...

    Scott’s Answer

    If the judgment was entered "without you knowing about it", I will assume you were never served with process as required by Florida law. If you were never served, the Court likely did not acquire jurisdiction over you and, therefore, the judgment could be declared void and set aside.

    You should consult with an attorney to review the facts and, perhaps, file an appropriate Motion to Vacate the judgment and have a court hearing scheduled to hear the Motion.

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  • If a party responds to written discovery request, and later changes his response in a deposition under oath, is it perjury?

    If a party answers an interrogatory or request for admission, and later contradicts his written answer under oath in a deposition, is the first answer considered to be perjury? If not, which answer is considered to be the operating testimony of t...

    Scott’s Answer

    It's not automatically assumed to be perjury. Your attorney can use the conflicting testimony to impeach the credibility of the witness' testimony. If it can be proven that the witness intentionally lied under oath, then perhaps the Court may consider a perjury charge.

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