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Recent Sole Proprietorship questions

I am an author who writes under a pen name, which also

I am an author who writes under a pen name, which also happens to be my maiden name. Do I need to get a DBA to open a business checking account?JA: What state are you in? It matters because laws vary by location.Customer: IndianaJA: Has anything been filed or reported?Customer: noJA: Anything else you want the lawyer to know before I connect you?Customer: I don't think so

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Legal Eagle

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I am one of three general partners in a business in Texas. A

I am one of three general partners in a business in Texas. A recent IRS audit for my personal taxes shows I owe them money that I may not be able to pay, depending on the monthly payment amount. Can they levy our business account for payment in worse case scenario??JA: Has anything been filed or reported?Customer: I just got the results in the mail but haven't signed them yet.JA: Anything else you want the lawyer to know before I connect you?Customer: I cant think of anything else

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Legal Eagle

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I am about ready to start my own business as a bookkeeper. I

I am about ready to start my own business as a bookkeeper. I have the training. I am waiting for another question to be answered here if I should wait until my divorce goes through to start the business. In the meantime, I was wondering if I should open a sole proprietorship or an LLC. I will be a single parent. I don't have a lot of assets to protect. I will get out errors and omissions insurance. I will be mostly virtual so I will do business with people in all states if needed. I won't have a large amount of start-up or overhead as my home office will be where I work from 95% of the time.

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Legal Eagle

Attorney

Doctoral Degree

5,012 satisfied customers
I have been trying to collect a judgement for a lawsuit won

Hello, I have been trying to collect a judgement for a lawsuit won many years ago, from a huge multi million dollar conglomerate. This was a situation where the contract is very cut and dry, and I worked for these people without pay fourteen hours a day while pregnant. My lawyer keeps putting it off and evading everything, and just keeps talking about the weather, etc. This has caused hardships far beyond what it should have due to the delay, including increased interest rates and taxes that I can't pay because of this issue. My company is tiny- it's just me now. Do you have any advice on pursuing this? I even tried calling the IRS directly to see if they could just collect for tax purposes. All I want to do is pay off debt, and the IRS lady was the rudest person I ever spoke with. My lawyer is often unresponsive, but very nice and did a very good job in the suit process.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: The suit was filed in Massachusetts, but this was taken to civil courtJA: Has anything been filed or reported?Customer: Yes, I have everything as far as the judgement and damages were rewarded. It's a huge company, but there is no movementJA: Anything else you want the lawyer to know before I connect you?Customer: Yes, I am also dealing with a divorce from an abusive relationship. This is applicable because he was a partner in my company although it was filed as a sole proprietorship under my name, before he abandoned it and intentionally tried to crash my business out of revenge. The situation is very complex

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Loren

Juris Doctor

46,040 satisfied customers
I am in a 50/50 business partnership. The partnership was

I am in a 50/50 business partnership. The partnership was created 8 years (no partnership agreement was drawn up....not good I know). We started out both contributing 50/50 to the work load but after year two my partner's workload started to decrease while mine increased to make up for it. 8 yrs later I work 90 hour work weeks and they contribute less than 5 hours a month to the company. I would like to dissolve the partnership and start a sole proprietorship with a similar name to keep brand awareness. Because the nature of the business a majority of the clients would move with me. My partner does not work with any of them. When I have mentioned this my partner said they would sue me if I use a similar name or worked with any of the existing clients. Do they have any legal grounds to do that since there is no contract or non compete clause between us?

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Phillips Esq.

Attorney

Juris Doctor

22,674 satisfied customers
I am planning on setting up a bulking candy vending

I am planning on setting up a bulking candy vending business. In addition I would like to sell cotton candy online. Would it be best to set this up as an LLC? Also, what permits or licenses would I need to sell cotton candy online? I checked my state of OH and it seems that I dont need a vending license for the bulk candy vending. I wasnt sure if there were any other legal obstacles here.

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Legal Eagle

Attorney

Doctoral Degree

5,012 satisfied customers
Thinking of starting a business, I live in NJ but the

Thinking of starting a business, I live in NJ but the business will operate in FL. I'd like to pro/con the option of starting a corporation, and then starting a company after that to be part of that corporation. Example would be ABC company selling product X under the corporation of DEF.

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2,168 satisfied customers
Pease: I need help understanding this. I am exlploring my

Pease: I need help understanding this.I am exlploring my legal options to own or invest on a company in the US. I'm on H1 status, my wirfe is on H4 and my mother in law comes to visit on a tourist visa.Multiple lawyers have told me that me or my wife or even my mother in law1. can create an llc or be part of it AS LONG AS I, MY WIFE OR MY MOTHER IN LAW DO NOT WORK FOR THE LLC.AND2. THAT FOR ME, MY WIFE OR MY MOTHER IN LAW IT IS LEGAL TO RECEIVE DIVIDENDS FROM THE LLC.A LAWYER FROM THIS WEBSITE WROTE THE NOTE BELOW: Please read and help me understand what he meant. What does he means when he says that:A. my wife could not receive any income from the company on h4 status? can she get dividends legally if she's the owner or a member?ANDb. that it would not be possible for my wife to earn any money from the business if she's an owner or a member?I need to have clarification on this as I need to make sure that if we decide to create an llc or invest in an llc we will not be in violation of our migration status which is h1 and h4.'....The attorney was partially correct and incorrect. There are no restrictions on your wife opening up a business in the US and it can be of any size, any type of business entity, any amount of capitalization. The issue is that she cannot receive any income from the company in H-4 status so unless her position in the company would be such that she would qualify for a H-1B classification and the company would be in a financial position to petition for her H-1B status.However, it would not be possible for her to earn any money from the business. You could also not work at the business on the terms of your visa, until after you received a green card....'

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922 satisfied customers
I have a small online business in the form of a sole

I have a small online business in the form of a sole proprietorship. I have a business line of credit on which I am in default. The lender has just notified me that they have filed a lien on all of my business assets.The only tangible assets I have are in the form of inventory located in warehouses owned by Amazon.com, some of which is there on consignment from a product distributor and some of which is on a boat inbound from China. What are my opinions ?

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LawyerDavid

Vice President & General Counsel

Juris Doctor

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