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Pamela Koslyn

Pamela Koslyn’s Answers

27,045 total


  • What are my legal rights on fraud, or if i lose my card and someone use it?

    Doing a paper on the legal step's and right's that i have on identify theft.

    Pamela’s Answer

    This site for real legal questions. You need to do your own schoolwork.

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  • See situation description.

    I and my wife own a small motel in CA. Currently, there is a corporation and I and my wife are on payroll receiving biweeky pay checks. I was wondering, instead of being on payroll, what if I just write a check from corporation LLC to my name and ...

    Pamela’s Answer

    Whether to clasify employees as W2 employees with payroll and benefits versus whether to call them independent contractors depends on many factors, most of which center on whether the employer controls the employee.

    Under these circumstances, I think it would be very hard to argue that you and your wife have so much control over your own employment that you're properly classified as an independent contractor.

    You're bestoff checking with your LLC's own CPA about this.

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  • Am I going to get arrested for this and if so what charges could I face?

    So I met a guy on the internet who said that he would give me some money if i cashed a check that he sent me. So I got the check and deposited it into my bank account. The check cleared and i had the money so i bought something. Then the money got...

    Pamela’s Answer

    1st of all, it's risky to post facts on a pubilc forum like this when you're on the hook for a crime. And you are. You conspired to defraud a bank. Even if you didn't understand what you were doing, when something sounds too good to be true, it usually is.

    Say nothing to anyone but your own criminal defense lawyer. Use Avvo's search function to find on in your area.

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  • Should I contact creditors? Will I owe personally for the debt.

    Filed Certificate of Dissolution with SOS, and was approved, and LLC dissolved. I owe business debt. What should be my next steps?

    Pamela’s Answer

    Some contracts, such as leases, will only do business with LLCs if their members personaly guarantee the LLC's obligations.debts. If there aren't personal guarantees, there's no such obligation. In fact, the whole purpose of an LLC is avoid personal responsibility for the LLC's contracts.

    See your LLC's business lawyer for help to discuss this particular situation.

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  • Can they do that without a court order?

    I live in Indiana I was contacted by a collection agency about a payday loan in 2009 that I don't recall. I did have one in 2007 that I thought was paid. They threatened to have my drivers licenses suspended.

    Pamela’s Answer

    "They" may not even own a debt of yours. This is a scam. If you're being chased by a collection agency, they can do certain things and may not do certain things, under state and federal collection agency law. One thing they may not do is theaten you withh something they can't do, like this driver's license suspension threat. Threats to arrest debtors or anyone else, in addition to threats to file suit, garnish wages or sell or seize property are also illegal unless collectors actually intend to take these actions. Threats to take actions that cannot be legally taken are also banned under the law. Here's that part of the Fair Debt Collection Practices Act :
    https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text#807

    Look at the art of this law that says how you can get them to stop calling you, if they don't stop. And the part about how YOU can sue THEM if they persist in violating debt collection law.

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  • Do I have to pay anything on the loan

    My ex girl bought an new car while we were together I traded my truck in with her old car to get it my name is nowhere on the loan or anything an she says I still have to pay half of the payment

    Pamela’s Answer

    If your name is not on the loan as a co-signer, and you never agreed to be responsible for this loan, then it's not your loan, it's hers.

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  • Can domains work as something that a PIA can be assigned to (so I can't use the work else where)

    I did some web design work for a couple of gentlemen based in the UK and they want me to sign a Proprietary Information Agreement on top of the agreed terms. They're stating that although they're not a business entity in any form, they can assign ...

    Pamela’s Answer

    Huh? I'm guessing, and without reviewing what you've already signed, and what you're now being asked to sign, that your customers didn't put an assignment clause in their original agreement and they want to able to assign the copyright ownership in your website work to another entity (not to the "web domain," which makes no sense). Or maybe this new agreement is something else entirely, someting British. The U.S. ahs no "PIA" that I'm aware of. We have Non-Disclosure Agreements, DNAs, but that may to may not be the same thing.

    But instead of anonymously asking strangers on a public forum to guess about your legal situation, why don't you ask your own lawyer BEFORE you commit to something? Lawyers are most effective when we can advise and negotiate to get a client the best deal possible. Once it's too late and a client has already signed a contract, that client may end up spending a lot more money on a litigator to fight for what they might have gotten in the 1st place had they practiced some "preventative" law.

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  • Will I be considered for the position?

    My situation is, I've been working at Walmart for a little over a year now. I'm currently a sales associate I put in my application to move up to department manager and my human resource lady says that I was supposed to apply before she opened it ...

    Pamela’s Answer

    No one on this site can answer any question about Walmart's internal policies.

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  • How can i get compensation

    copyright infringement this woman on a major toke my poems and words and put them to music,she has made money off my songs and i have not recieved a dime,she told me while she was on the air,they have used my name to promote a criuse

    Pamela’s Answer

    It sounds like you ahve both a copyright infringement suit for infringement of your poems/lyrics, as well as a publicity rights claim for use of your name in advertisement for a cruise without your consent.

    See an IP litigator ASAP to discuss the details of your situation.

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  • What should our next move be here? Is there anything we can do to get the money we need, or speed up the process?

    In August 2015, our condo in Oklahoma (we own) was involved in a fire caused by someone in our building, our unit was a total loss and 6 others had significant smoke and/or water damage. Our insurance covered our rebuild and personal property, how...

    Pamela’s Answer

    Insurance companies are notoriously slow because they like to keep (and use for investment, and earn interest on) the money they have as long as possible. The only thing you can do is, as my colleague suggested, hire an OK lawyer to prod them and threaten to sue them for "bad faith" if they don't get this claim handled.

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