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How Do I Legally Dissolve My Business? And More Free Legal Advice – Free Joe 8/24/12

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On Tuesdays and Fridays, attorney Joe Escalante answers legal questions for free on the LegalZoom Facebook Page. Did you miss the last Free Joe? Don’t worry. We’ve got it all right here.

Habib: question- I had a corporation 10 years ago. business failed and I walked away from it. what do I need to do to close it officially with the state?

Joe Escalante: Check the link below for Corporate Dissolution information. You want to limit your potential liability from business transactions while you were active. Since the corp is probably not adequately funded right now, that might cause a potential plaintiff to pierce the corporate veil and come after your personal assets.

LegalZoom: Here you go, Habib:

Gilbert: lets start this up ill be the first one today

PARENTS getting a divorce mom got in a police pursuit with child on board mom is getting charge with vc2800.2 ( a ) evade police disegard safety & pc273a (A) Child cruelty pos inj/dth & vc2800.1 ( A ) EVADING PEACE OFFICER
mother bail out yesterday but child is still in the household father has emergency hearing today any good advice

thanks love good advice =) thanks Mr Escalante and legal zoom you guys do a good job

Joe Escalante: The judge is going to rule on what’s in the best interest of the child. It’s usually in the best interest to be with the biological parents, but not if they drive like that. So one parent has to appear to be better than sending the kid to f
oster care which will cover the judge’s ass, in case something happens to the kid later that he could have prevented by placing the kid in foster care. That’s what he’s going to be thinking. The father needs to counter it with some appearance of stability.

Patricia: Do I need to allow easement to another property if I was not given an easement agreement when I purchased a home? Does there have to be a signed easement agreement?

Joe Escalante: Easements are easy when they are express easements, meaning they are recorded, or somehow evidenced by writing. But sometimes an implied easement is just as valid and you might have one here. Courts will rule them valid based on prior use a
nd practicality.
To prevent an easement from occurring, you would normally block the pathway on some kind of regular basis, declaring that it is not an easement, and you have control over it.

Patrica: How do I do that though. I am purchasing a home from my husbands father. There is a trailer court next door and the two back trailers use our driveway to get to them. We want to fence in our home but the driveway is a question. And the property is odd shaped also. Can we partially fence the drive to just allow them to get to the trailers? They use the part in front of our garage as a turn around.

Joe Escalante: This is one of the most complicated areas of the law. Without an experienced property rights attorney on your side, you’re going to have problems. Click below to find one in your area.

LegalZoom: Here’s the link, Patricia:

Josh: what’s your general policy on credit card debt and collections? do you wait? or handle it immediately?

Joe Escalante: Wait if you need the money for your mom’s operation. Other than that, I can’t advise waiting.

Shawn: there is a home up for forclosure nad i have contacted the county treaser, city hall and development. there is a 90 day notice to purchase house by oct 4th .. what should i do to regain possesion of this .

Joe Escalante: Go to the county recorder and get information on when the Trust Deed Sale is going to be. Bring some cash.

Kelly: Getting Married. Don’t want my future husband to make medical desisions (I have been in a similar situtation) for me regarding life-support what should I have in-place besides a Will?

Joe Escalante: You can create a “living will” that leaves it up to a medical professional, or you can create an “advanced medical directive” that names a specific person, and only that person to make such decisions for you. Catholics and evangelicals are supposed to use AMDs, and not living wills because they give control to a trusted person and not what could end up being a “mad scientist.”

Karen: I live in Ohio and land contracted a house purchase in a different county.The personI bought the house from didn’t keep his end of our contract and has also moved to another state and the house was sold for back taxes. Which county do I file my lawsuit in?

Joe Escalante: You can file it in the county where the land sits, or where he resides. You just need personal jurisdiction over him.

Glenn: they want me to put my dad in a nursing home can a Dr’s office or insurance company demand a copic of a will or power of attorney in this case

Joe Escalante: The answer would be different for each request. No one has to listen to you unless you have power of attorney, so they might need to see it, right? I can’t think of a reason why they could demand to see the will, without a court order.

Beatrice: Say a couple was buying a house thru a lawyer and the homeowner.the homeowner agreed to take $425 a month over 4 years totaling in $22,500 then after that would find new agreement.after the 4 years he decides to pull the house out from under the couple.the total he wanted for the house was $37,000.did he have an legality to take the house back from a couple whom was consistent with the monthly payments?

Joe Escalante: It all depends on the language in the contract. If they breach the language, they are liable for a breach of contract suit. You can sue for money damages, or what is called “specific performance” of the original language in the contract.

Betty: What do you think about the companies who claim they can settle your debt with the IRS?

Joe Escalante: They are probably better at it than you. Although my tax lady kicks ass at it and she’s not a lawyer. It all depends on the math. Will the discount justify their fee? Something to do some math over. Good luck.

Kelly: Hi Joe..if a dr left clips in me after surgery and though he removed 1 many years later and now even more years later I find out there are 2 more which are causing some pain and discomfort to which current family dr doesn’t want deal with it and of course having no insurance doesn’t help…I finally made a appt to see original surgeon and request his help does he have any obligation to help me since he the one who left the clips there. Do I have a rights to have this corrected by him?

Joe Escalante: You need to consult with a medical malpractice attorney. They might get you some money to go to a real doctor, and maybe a trip around the world as well. Click below to find one.

LegalZoom: Here’s the link, Kelly:

Kelly: Thank you for responding I shall look into this further and though never crossed my mind of seeking legal help if getting this resolved then all options on the table. Should I keep appt to see dr who performed surgery?

Joe Escalante: I’d talk to a lawyer first.

Jennifer: I was fired from my job, after filing complaints against my supervisor and her daughter for harrassment. The union did not represent me. Do I have any legal recourse? (State of PA)

Joe Escalante: Yes, retaliation for whistle blowing can be a serious offense. Go to the state labor commission and file a complaint, and get a consultation with a wrongful termination attorney. Click below to find one in your area.

Brooke: How do you find a pro bono divorce lawyer?

Joe Escalante: Unless you are a battered woman, I don’t think you’re going to have much luck. It depends on what kind of services there are in your area, but it’s ugly work that I wouldn’t even do for elephant dollars. But if you have been physically abused, there seems to be more chance for help from referrals made by contacting a women’s shelter.

Candy: why is it some childsuport angancy go after people who owe back suport and other just sent friendly reminder how far do they gota get before anything done

Joe Escalante: All this is usually decided by the District Attorney’s office. They all view deadbeat parents with different sets of priorities. Some may even BE deadbeat parents, for all we know.

Clifford: Joe:

I am starting a new company, and I am thinking of creating it as a “non-profit” as opposed to a LLC. I heard that I can’t pay myself with the non-profit, is that true?

Thanks in advance,


Joe Escalante: Yes sir. A non profit organization is allowed to pay its employees a reasonable competitive salary. Good luck.

Jack: I owned a house in Sanford, FL. In February 2010 my tenants moved out leaving the house in a deplorable condition. I had 3 adjacent, non-build able lots down the road from my house. A neighbor offers to buy them from me. The sale would give me enough money to fix up the property with a little left over. When we went to closing, I found out that the lots were still encumbered by the first mortgage.
I had asked that they be excluded when I refinanced. They were not and I blame myself for that because I did not double check.
I called Washington Mutual, the mortgage holder and was told we could do a partial release on the lots. They said it would take approximately 4-6 weeks. I managed to keep up the mortgage using credit cards and borrowing from family. The appraisal was ordered, it took 5 weeks to get it and it was on a different property, a much smaller property in town.
I filed a complaint and after 3 weeks I received a corrected appraisal. They changed the legal and all of the pictures to represent my house but none of the figures changed.
In the meantime Chase took over Washington Mutual. All of the records were moved from North Carolina to Louisiana. After 4 months I was unable to continue making the mortgage payments. I kept calling and was continuously informed that it was being worked on.
Finally in September I was informed that due to discrepancies in the appraisal and the fact that I was now in danger of foreclosure, they could not grant the partial release. I was too far behind in the mortgage so I placed the property with a short sale specialist. They found a buyer and submitted the paperwork but Fannie May missed the filing deadline and Chase foreclosed on the property.
The interesting thing is, that property is scheduled to be taken by the state for a new highway. Do I have any recourse as to the way this was handled?

Joe Escalante: You could file a breach of contract lawsuit, or a consumer fraud action maybe. However, you’d have to pay an attorney up front and that would cost anywhere from 5 to 30 thousand dollars to get started. Get a consultation with a property rights attorney, or a consumer rights attorney. But everyone’s suing these kinds of entities right now so you have to stand in line. Good luck.

Katrina: I have a detached garage and city is redoing road BUT they didn’t put a slant drop drive to go over sidewalk and curb. …? Is they must come back and fix this as a drive way right? I have a camper to leave in hurricane evacuation. Now can’t . Help

Joe Escalante: You need to send a written demand to the city, with pictures and diagrams. If they don’t act, you have to file a lawsuit to get them to act. Consult with an attorney in your area who has litigated against the city before.

LegalZoom: Joe will be back on Tuesday with more free legal advice. Join us then and have a great weekend!

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August 28th, 2012 at 5:48 am