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MShore Law
MShore Law, Attorney
Category: Business Law
Satisfied Customers: 25285
Experience:  Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
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A Corp was holding a substantial amount of my company money

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A Corp was holding a substantial amount of my company money through circumnavigating loan funding. They refused to release the funds unless we paid them. They claimed they own the Corp name, I personally filed for a federal trade make because the name was available. Still holding much of my money and forcing me to WITHDRAW my trade mark
application. Help Please. Tom Albanito(NNN) NNN-NNNN Florida
Submitted: 1 year ago.
Category: Business Law
Expert:  MShore Law replied 1 year ago.
Thank you for the post, I am happy to assist you by answering your questions. What question can I answer for you regarding this matter?
Customer: replied 1 year ago.

Please answer the question I posted. Thank You

Expert:  MShore Law replied 1 year ago.
Tom, a portion of your initial post may have been lost in transmission. Your initial post, in its entirety is: "A Corp was holding a substantial amount of my company money through circumnavigating loan funding. They refused to release the funds unless we paid them. They claimed they own the Corp name, I personally filed for a federal trade make because the name was available. Still holding much of my money and forcing me to WITHDRAW my trade mark
application. Help Please. Tom Albanito(NNN) NNN-NNNN Florida" There is no question posed in this portion of your post.
Customer: replied 1 year ago.

This is the heart of the duress that I am experiencing. This agreement was


not voluntary or willful on my part.

Expert:  MShore Law replied 1 year ago.
I understand, what question can I answer for you? I do not mind to be difficult, but JustAnswer is a question and answer service and I am happy to assist you in this way, but I fo not know what question you have or what information you seek.
Customer: replied 1 year ago.

My question I am being forced to sign a contract in order for the Corp to release my money and they want part of the money. Is this legal?

Expert:  MShore Law replied 1 year ago.
Thank you Tom, please elaborate on the facts. Specifically, what rationale is the corp using to claim entitlement to the money?
Customer: replied 1 year ago.

The Corp felt I was using their name Storm Tight Windows Corp. We were


Storm Tight Windows Fort Myers Corp. They wanted 4,200.00 a month


to continue using the name. I owned the rights to the name through


federal trade mark application. They were funding our jobs through a


FHA lending institution to assist us. When we decided not to pay this


amount they held our funding for window installation we did. They are


on the east coast and we are on the west coast of Florida. They also


forced me to withdraw my trade mark application and said they would release the money after taking over $8,200.00 out. We are being held


hostage or go out of business without our money.

Expert:  MShore Law replied 1 year ago.
Thank you Thomas, in this situation you are indeed forced to either agree to terms with reservation and under protest.Are they asking you to sign a waiver and release in order to get the money?
Customer: replied 1 year ago.

They made a contract of 1 page poorly done, not by an Attorney and


demanded me to sign it. They forced me to dissolve the Corp, and with


draw my application for the trademark on the name Storm Tight Windows.


I have complied but they still have much of the money and we have been


severely damaged. I was under the Impression they financed the customers. They don't. It's through Lendmark which is a FHA regulated


financial institution. This in itself may not be legal.

Expert:  MShore Law replied 1 year ago.
Thank you Thomas, does the one page contract use the term "waive and release" or "forever hold harmless"?
Customer: replied 1 year ago.

NO it does NOT.

Expert:  MShore Law replied 1 year ago.
Great, then you can accept the money then sue them for whatever sum is owed to you. I want to make sure your questions are answered. Please let me know if this does not answer your questions or if you have any follow up questions. If I have answered your questions, please positively rate my answers.
Customer: replied 1 year ago.

Please one more question. We have acquired extensive damages because of their action. Can we add this to our suit. And can we re apply for the trade mark because of the duress forced upon us?

Expert:  MShore Law replied 1 year ago.
Yes, you certainly can claim compensatory as well as punitive damages. You can also reapply for the trademark.
MShore Law, Attorney
Category: Business Law
Satisfied Customers: 25285
Experience: Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
MShore Law and 7 other Business Law Specialists are ready to help you

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