QUESTION: Delivery of an attached settlement
and demand letter.... if either parties to which the demand letter was to be delivered was unavailable to receive such letter hand to hand... due to unavailability and they leave the demand letter taped to their home door... is this demand letter considered delivered and therefore enforceable?
QUESTION: Are there any conditions that the demand letter would be considered legally delivered such as attempting to deliver through email?
STATEMENT: In addition to its contents, please allow me to add that I have come to understand you have advised Ms Charlotte Murphy not to open the salon tomorrow, as you intend to wait until you have received a monetary offer from my client.
ANSWER to above STATEMENT: This is a false statement. Although Ms Murphy is a partner in the business
and the registered agent and listed managing agent of the LLC
she is also an employee and the sole stylist of the salon - her decision NOT to come into the salon to work for one week or more if necessary is solely because she feared for her safety do to a stylist that was working at the salon on a 1099. .... When Ms Murphy and others in the complex where the salon was located feared his abusive, alcoholism and reported psycho behavior in protection of her and any clients coming to the salon as well as other businesses in the complex he was let go immediately and the salon was closed for at least a week in order to ward off possible retaliation from him. There are no others individuals working in the salon. Therefore without Charlotte's presence there was no ability to open the salon.
QUESTION: Am I obligated under the LLC of the salon to keep the salon open under these circumstances?
QUESTION: There is no income except the income that Ms Murphy "the one and only employee of the LLC , who is also the registered agent and managing agent of the LLC as well as a partner in the business" produces. She is a sole stylist and the clients she serves through the salon belong to her not the LLC. If Charlotte no longer wishes to work for or at I LOVE MY HAIR AND SKIN - THE ONLY OPTION - is to close its doors and sell off the furniture to pay off any remanding debt. Under this condition is the below statement true and correct or not?
STATEMENT: This directive of your's to Ms. Murphy, (closing the salon for at least a week) along with your proposed action of selling off the LLC's furniture,( to pay off current bills the salon owes so there will be no debt) is in violation of Florida Statute, as you are acting in your own pecuniary interest and not in the interest of the LLC. Florida Statutes are clear on how a member must proceed if they wish to be bought out of their interest (this is regardless of their % of ownership), and the process involves an appraisal of the LLC and a distribution to its members in accordance with each of their respective contributions to the LLC.
STATEMENT: Should you choose to act outside of this statutory framework, or conspire with Ms. Murphy to assist her in doing so, you will be personally liable for any damages caused to the LLC or to my client in his capacity as a member.
QUESTION: what possible damages are they talking about?
QUESTION: If no one is working for the business and there is no money being created is it NOT prudent to simply close the salon if Charlotte no longer wishes to work there under her current fear... sell off the only assets (salon furniture) if the action of selling off the furniture was to pay debt that the corporation
owes... why would that be considered a violation of Florida Statute?
This would be under Florida Law- Orlando Florida- Orange county!