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Adam James O'Rourke

Adam O'Rourke’s Answers

25 total

  • I need to talk to a Lawyer . It is in regard to a bill from Verizon. I owe them nothing. It was over a contract .

    I was sold a small modem for $69.00 and I was told I signed a contract. I know I didn't. They refused to send me a copy of such contract and they wouldn't. I talked to them for hours to no avail. It is their way or the highway. The collectio...

    Adam’s Answer

    Debt Collection is an industry that has numerous regulations including prompt disclosure of information/documentation. I agree that speaking with a local litigator about the FDCPA, the CDCPA and CCPA would give you a good place to start. There are penalties that can be collected for violating these Acts. An experienced attorney will be able to help you.

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  • I am trying to figure out if my two companies are part of a "controlled Group" for purposes of medical insurance & SIMPLE plan.

    These are two LLC companies with different TIN numbers. The following is the ownership %: Owner1: CompanyA= 64% CompanyB = 82% Owner2 CompanyA= 4.5% Company B= 15% Owner3: CompanyA= 6% Company B = 3% Owner 4...

    Adam’s Answer

    First you should ask whether you even need to qualify a control group. This is determined by the number of employees you have. Generally, businesses with 50+ employees must determine a control group (that is the total employees across both LLCs). If you don't come any where near 50 employees then your options change.

    What you are looking in your example is called a brother-sister control group in the Affordable Care Act. A control group like this is determined by whether there is sufficient stock held (80%) by a controlling number of owners who own stock in both of the LLCs and that this same group has effective control (50%) of both LLCs. In your example, you are looking at Owner 1, 2, and 3 as they own stock in both LLCs. Company B clearly meets the sufficient stock requirement since these three owners own 100% of the company. However, the three owners only own 74.5% of Company A. According to ACA, the three owner's interests in Company A do not meet the sufficient stock requirement of 80%. Note: Assuming their sufficient stock percentages match their effective control percentage, part two of the test would be met even though it appears part one of the test has not been met.

    I would recommend taking a look at your employees first and then moving on the the control group test.

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  • Me and an ex have a joint bank account and he hasn't taken my name off of it so is the money mine also that I can use?

    We opened the account together over a year ago and I am still on it and there is money in the account hat we share so I can I legally withdraw money since I am on the account? and he never took me off of it and when I went to get my name taken off...

    Adam’s Answer

    Joint bank accounts create equal ownership between the individuals who are named on the account. Therefore, you are liable for any negative account funds and any positive account funds. Best bet is to work with your ex to pay off the negative balance and close the account. If you both can't cover the negative balance then the bank will administratively close the account some time in the future. Whether they will come after you for the negative balance at that time is up to the bank at that time.

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  • If an easement is changed because an older easement is no longer pertinent. How do you get rid of the old record with the state

    In the 1980' a previous owner gave a neighbor multiply utility easements and an access easement. During a boundary change in 2009 a new access easement was wrote up but the utility easements were not because in 30 years no utilities were put in....

    Adam’s Answer

    It is unclear what type of easements are in place (i.e. does the easement run with the land, etc.). It sounds like the easement does not, but it is not clear. These are questions a real estate attorney could answer for you. This will help you be clear on what must stay the same and what can be changed.

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  • We are considering putting our home on the market for sale by owner in Colorado. Is it best to have a real estate attorney?

    How do realty attorneys charge to handle a for sale by owner in our area (Adams County, CO). Where can I get a list of attorneys available to assist us?

    Adam’s Answer

    Best practice is always to have a real estate attorney and a broker working on your behalf. They understand the markets and can walk you through any issues that arise during the sale. However, If you want the hands on experience, but its your first sale, it is best to have at least one or the other on your side so you have someone to bounce ideas off. I recommend having a real estate attorney review the situation and give you an opinion on how he/she would be of help to you.

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  • As I licensed childcare provider, can I videotape my state inspections by the Dept of Human Services?

    What are the legalities since my home is a business? What if the DHS rep does not want to be taped? I am legally bound as a licensed childcare provider to allow them in my home. Thank you

    Adam’s Answer

    I agree that you able to videotape the visit to your home. Just make it clear to the inspector that there cameras on during the inspection.

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  • My divorce was final in Dec. 2012. Do we have to do our taxes jointly?

    We did our divorce without a Lawyer. On our papers that we filed with the courts, we agreed to do our taxes jointly, 50/50 .My Ex-Husband wants to do them separately now. We were seperated in June 2012. I also went back to my maiden name. Our kids...

    Adam’s Answer

    If your ex-husband wants to file separately than you can agree to go along and file your return without him. However, the credits and deductions cannot always be claimed by both you and your ex, so the issue with your kids' college credits will have to be sorted out between the two of you before you both file. I recommend having a CPA discuss your options with you and if you can have the same CPA do your ex-husband's return then that may save you additional hassle. I

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  • Can I make a son show his deceased father's will?

    A close friend died and had told me prior that I was to receive many things in his will. Has no spouse, only one child. After the death I was not allowed in the home without a surviving relative. Son arrives and we find an official notarized will...

    Adam’s Answer

    Your close friend has the right to address his assets as he pleases in a properly drafted and executed will. If you believe that you are a beneficiary then you have the right to get the estate opened but, as my colleagues have stated, it is a difficult situation as the son will fight against you the entire way. It appears that he might not be letting you see it because the will states you are a beneficiary and the son does not want to lose what he thinks is his interest in his father's assets. But remember, the father has the right to do what he pleases with his stuff. Remember, I always recommend reasoning with the son throughout this process. The better the relationship you keep, the easier the process. In the end, the will has the final say.

    I also recommend finding a good attorney to walk you through this process. It will make it easier on you and on the estate.

    Best of luck.

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  • Roommate owes $100, moved out over 30 days ago, left furniture behind. what legal obligation do i have with this stuff?

    i am only person on the lease. just found out old roommate's stuff actually belongs to her sister. her sister wants the stuff, but i think it makes good collatoral. never signed anything with her.

    Adam’s Answer

    I would not claim the stuff as collateral in this situation. However, you do have a right to have the sister prove that it is her stuff, unless you already know it is her stuff (i.e. proof has been given). I would have the ex-roommate tell you that it is okay that she come get the stuff. That way she isn't claim what actually is the ex-roommates.

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  • Traded in our car and drove it home,because new car was not detailed yet

    We traded our older car in yesterday and bought a newer car.we signed all paperwork and were ready to leave but our new car was not finished with detailing and they asked us to drive our old car back home and they will bring the new car to us on ...

    Adam’s Answer

    • Selected as best answer

    It appears that you have a valid contract in this situation. Make sure to keep your copy of the agreement so that you can always check it for your rights. However, the full answer to this question is based on what rights are in that contract. Without having read the agreement it is hard to determine whether the car dealer has a way to wiggle out of the agreement.

    I recommend that you take the car in and get your vehicle. If the car dealer gives you trouble then you can contact an attorney to get this resolved. Otherwise, it is likely they will give you the detailed car.

    Best of Luck!

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