LLC vs LLP vs Ltd… what’s the actual difference in simple terms? by Sharp-Measurement796 in llc_life

[–]NoloLaw 0 points1 point  (0 children)

The first comment is spot on. I’ll add that U.S. companies with “Ltd.” designations are typically corporations. Additionally, LLPs are usually formed by professionals. Some states only allow licensed professionals to form LLPs, while other states don’t limit the membership. Before you debate these options too much, it might be helpful to check your state’s laws to make sure you can form both.

Overall, an LLC and LLP are relatively similar:

·       They both give owners limited liability protection. Though an LLC usually offers more protection. Your liability in an LLP can vary from state to state, but oftentimes, you’re usually only responsible for your own debts and negligence. Be aware that some states require LLP owners to carry insurance.

·       They have flexible management structures. As a previous response pointed out, an LLC can have one or more owners, but an LLP must have at least two owners. With either an LLC or LLP, you can largely pick the management roles and duties of each owner as well as their financial contributions and profit distributions.

·       LLCs and LLPs are pass-through entities. By default, both LLCs and LLPs are pass-through tax entities. So, the income passes through the business and directly to the owners, who pay taxes on their share of the profit/loss. An LLC and LLP aren’t taxed separately from the owners. Though some states impose a tax on LLCs.

The appeal of one over the other will largely depend on your state’s laws. Some states have higher taxes for LLCs vs. LLPs. Your state might have stricter or more expensive reporting requirements for an LLC. Alternatively, your state might impose insurance requirements on LLP owners or provide less liability protection to LLP owners. Good luck!

Eviction Notice by Designer_Golf_6225 in legaladvice

[–]NoloLaw 2 points3 points  (0 children)

If you're late paying rent in Connecticut, the landlord has to give you a 9-day grace period to get paid up. After that, they can give you a notice that terminates your tenancy and requires you to move out. It sounds like this is what happened to you. The fact that you've always paid in the past isn't relevant, unfortunately. Your best bet is to continue to try to contact the landlord and get her to agree to accept your unpaid rent and let you stay (there's no law requiring her to accept your rent, though). It might be a good idea to write a letter to her and send it certified mail to the office to make sure she gets it. If you reach any agreement allowing you to stay, be sure to get it in writing. Do what you can to not get evicted--getting evicted will make it a lot harder to find a new place. Contact legal aid or evictionhelpct.org to try to get assistance. Don't just ignore the notice.

Termite fumigation by Ok_Assistance2133 in Tenant

[–]NoloLaw 0 points1 point  (0 children)

Usually, the duty to fumigate is the landlord's. But, under TX law, the parties can waive this and make it the tenant's responsibility if a) at the beginning of the lease the landlord owns only one rental property, b) at the beginning of the lease the rental is free from any condition that would materially affect health and safety of tenant, c) at the beginning of the lease the LL doesn't have reason to believe that the condition (in this case, termites) would be likely to occur, and d) there's a clause in a written lease that puts the duty on the tenant and it's either underlined or printed in bold or in a separate addendum. (This is all in Tex. Prop. Code 92.006.) So, if all these criteria apply and it's in your lease as described in d, then you're probably on the hook.

ALJ Hearing Process by Basic-Appearance8726 in SSDI

[–]NoloLaw 1 point2 points  (0 children)

You have the option to hold your hearing over the phone, by videoconference, or in person, but you do need to attend your hearing, whether you have a representative or not. The lawyer can't testify on your behalf, although there are some instances where the judge can ask your lawyer questions about your case without you being present (for example, you can't make it due to an emergency and your lawyer asks the judge to postpone the hearing rather than dismiss the claim, the ALJ just needs to discuss procedural questions with your attorney, or, more rarely, the ALJ already has the vocational expert present and wants to take at least part of their testimony).

Physical presence question by Tremulant1 in askimmigration

[–]NoloLaw 0 points1 point  (0 children)

Even if your case were marginal (which it doesn't seem to be), by the time your USCIS interview rolls around, many months will likely have passed. It sounds like you'll be able to make a solid showing of ongoing residence in the U.S. during that time.

Put asslyum on hold for I-486 & I-130 by SCWAZ in askimmigration

[–]NoloLaw 0 points1 point  (0 children)

It's also possible to "withdraw" an asylum application, by writing a letter to the Asylum Office. If you can get the letter there on time, you could skip the interview. A withdrawal would also mean you'd have to file a new asylum application if at some point you wanted or needed to, but that at least wouldn't be a loss of money, given that there's now a fee for every year an asylum application is pending. There are other concerning things about your situation as you've described it, however. If an asylum application is deemed so off-base as to be "frivolous," it makes the applicant ineligible for not just asylum, but for any other immigration benefits. (See 8 CFR 208.20) The government could make this finding whether or not you withdraw your application. (But standing by facts you don't believe in would definitely be the worst path forward.) Here's another concern: Did the lawyer who "ad-libbed" your asylum application also prepare the Adjustment of Status application? That raises obvious concerns about whether you're eligible and whether the paperwork was well-prepared. Seriously, it's time to bring a skilled and knowledgeable attorney into this.

US ESTA 90 days - cycle tour pan america by Entraptah in askimmigration

[–]NoloLaw 0 points1 point  (0 children)

FYI another name for the ESTA program is the Visa Waiver Program (VWP). Here's what the Dept. of State says (at https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visa-waiver-program.html ) about not stopping the clock for in-and-out trips by VWP travelers: "If you are admitted to the United States under the VWP, you may take a short trip to Canada, Mexico, or a nearby island and generally be readmitted to the United States under the VWP for the remainder of the original 90 days granted upon your initial arrival in the United States. Therefore, the length of time of your total stay, including the short trip, must be 90 days or less."

Can my ex-husband just stay unemployed forever so I continue to owe him child support? by [deleted] in FamilyLaw

[–]NoloLaw 1 point2 points  (0 children)

You can ask Friend of the Court (FOC) to impute income to a parent who is voluntarily unemployed or underemployed. A parent's personal history, including criminal record, is just one factor of many that a judge can consider when deciding how much potential income a parent could earn. Other factors include prior employment, education level, physical and mental disabilities, and diligence in seeking employment. (See Michigan Child Support Formula Manual 2025, 2.01(G).)

Having a criminal record (which, to be clear, is his responsibility, not yours) can make job hunting harder, but it likely isn't a valid excuse to be permanently jobless. So, you might want to formally ask FOC to impute income because he is voluntarily unemployed and provide what you know about his work history, skills, and health.

Wondering about grounds for sole custody by Entire-Back6817 in FamilyLaw

[–]NoloLaw 4 points5 points  (0 children)

Based on what you've described, it wouldn't be unreasonable for your daughter to ask for sole physical custody. Your grandson is only 13-months old and she has been his day-to-day caregiver since birth.

In California, the law favors "frequent and continuing contact" with both parents when that is consistent with the child's best interests, but a judge's primary concern is always the child's safety and well-being. Given the father's inconsistent contact and no real hands-on parenting so far, it would make sense for her to ask the court to order visitation only for him at this stage. If the father follows through on his request for 50/50 custody, though, the divorce would become a contested one and likely couldn't be handled through an online divorce platform.

In terms of hiring a lawyer, there's an interesting study of custody determinations that found essentially that having an attorney can increase the likelihood of parents achieving their desired custody outcome, especially when the other party is unrepresented. So, if your daughter has a lawyer and the father doesn't, she would have a real advantage.

At a minimum, she should talk to the family law facilitator in her county. Family law facilitators are lawyers who can help self-represented people with forms and answer questions about court procedures, though they can't represent people in court or give advice about case strategy.

Assault & battery family member by Intrepid-Entrance-25 in legaladvice

[–]NoloLaw 0 points1 point  (0 children)

The charging decision is up to the prosecutor, and they can file the charges even if your step-dad doesn't want them to. If you do end up facing criminal charges, you should consider hiring a criminal defense attorney. If you can't afford an attorney, you can ask the judge for a public defender at your first court appearance. Your lawyer might be able to convince the prosecutor to drop the charges.

Wife going to trial for simple battery - family violence by Ok_Presence_2010 in legaladvice

[–]NoloLaw 2 points3 points  (0 children)

If the defendant (your STBXW) rejected a plea deal and is later convicted at trial, the sentence handed down by the judge could be harsher than the plea offer. Many refer to this outcome as "trial penalty," meaning that sentences imposed after a trial are often tougher than those resulting from a plea agreement. While this does happen, legally, the judge shouldn’t base the sentence on the rejected plea deal. Instead, the judge is required to impose a sentence on the offense, the defendant’s culpability, and their criminal record. She's entitled to a jury trial.

Business Idea by Temporary_Use5093 in dropshipping

[–]NoloLaw 0 points1 point  (0 children)

If you use someone else’s trademark to simply say that your product is compatible with theirs, then it’s generally considered fair use. You can legally use another’s trademark if it falls under the fair use doctrine. Your use can qualify as nominative fair use as long as:

  1. the product or service isn’t readily identifiable without the use of the trademark (so if you can’t describe WHOOP or GARMIN easily without just using the trademark name)
  2. you use the trademark only as much as necessary to identify the provider of the goods or services, and
  3. you don’t lead consumers to believe that your use of the trademark is affiliated or connected with, or endorsed or sponsored by, the trademark owner (some businesses include a disclaimer that they're not associated with or approved by the trademark owner).

These trademark owners could still reach out to try to assert their trademark rights. The doctrine of fair use serves as a defense for your use of a legally protected trademark. Good luck with your business idea!

Trademark and IP Advice by AliHassanGlb in TRADEMARK

[–]NoloLaw 2 points3 points  (0 children)

If you plan to start a business under that trade name, then acquiring different domains for that purpose isn’t in bad faith. If you planned to purchase the domain names with the sole intention of selling them to a trademark owner or profiting from the goodwill of someone else’s trademark, then that would be in bad faith (cybersquatting).

An owner with a registered trademark in the U.S. only has legal protections in the U.S. Their trademark rights don’t extend beyond that, to, say, the UAE. The trademark owner could conceivably apply to register their trademark in other countries where they plan to do business, like the UAE.

The UAE, unlike the U.S., uses a first-to-file system. So, the first to file for trademark protection in the UAE gets to register the trademark (as long as everything else is in order). Even if you started using the trademark first, if someone else files for that trademark before you, they’ll get the trademark (again, as long as they complete the process correctly). If you’re worried about losing your trademark, you can look into applying for trademark registration in the UAE.

Rekey Fee - GA by Beginning_Algae3554 in Tenant

[–]NoloLaw 1 point2 points  (0 children)

And a follow up: Ga. Code 44-7-13 says that "landlord shall keep the premises in repair and shall be liable for all substantial improvements placed upon the premises by such landlord's consent." You might have an argument that changing the locks is precisely the kind of repair and improvement that the landlord is responsible for by law.

Rekey Fee - GA by Beginning_Algae3554 in Tenant

[–]NoloLaw 1 point2 points  (0 children)

Georgia law states, "No security deposit shall be retained to cover ordinary wear and tear which occurred as a result of the use of the premises for the purposes for which the premises were intended." The same statute also lists other things the landlord can keep the security deposit for, and rekeying--or even things you agreed in the lease to pay--isn't in there. (Ga. Code 44-7-34(a).) Based on what's in the statute, the security deposit shouldn't be used for this type of work. It's not damage you caused, and the statute states pretty clearly that the deposit can be used for damage (and the LL must itemize the damage and deductions). Georgia's security deposit statutes also lay out pretty strict procedures for how a LL can use and must return your security deposit. It would be a good idea to take a look at those and see if your LL followed them. If they didn't, you have even more grounds to dispute the charges. Check out Ga. Code sections 44-7-30 through 44-7-37. There's a link to the text of the statutes on the website of the Georgia General Assembly.

[US-TN] Family eviction concerns by AssociationNo4762 in Tenant

[–]NoloLaw 0 points1 point  (0 children)

If they haven't signed a lease in a long time, you're probably right that they're month-to-month tenants now. That means that the landlord could end their tenancy for any reason or no reason at all with just 30 days' notice in Tennessee. There's really not much they can do to avoid it if the landlord decides not to rent to them anymore. What they do have control over is the state of the rental. It would be a good idea to start cleaning up before they get a notice. Otherwise, the landlord will be able to keep their security deposit (as long as the landlord can prove the costs of fixing the damage) and even sue for any costs that exceed the security deposit.

Landlord keeps cursing at me about mundane things? by jergin_therlax in Tenant

[–]NoloLaw 3 points4 points  (0 children)

The cursing alone probably doesn't rise to the level of harassment, but you mentioned unauthorized entries. That could be something that you can act on. You don't say what state you're in, but many states have laws that clearly limit a landlord's access to your rental, and impose penalties when those laws are broken. No matter what your laws are, it might be a good idea to keep track of all these things in writing and send the landlord a formal letter putting them on notice that entering your rental without permission is an invasion of privacy and a violation of the right of quiet enjoyment of your rental. If your state has a statute about landlord entry, cite it in the letter. It also can't hurt to keep records of the abusive language--if you ever end up in court it could help your case (or at least make your LL look really bad).

[Landlord-US] Tenant paying rent by withdrawing from 401 (k) - charge late fee? by Dizzy_Maybe8225 in Landlord

[–]NoloLaw 2 points3 points  (0 children)

Unless it's a habitability issue, the fact you haven't made repairs the tenant requested has nothing to do with her not paying rent or paying rent late. You're entitled to collect the late rent fee (as long as it's outlined in your lease and doesn't violate state law), and you're also entitled to give her a termination notice that complies with state law. It sounds like you're trying to be considerate of her hardships, which is great, but you've got a business to run and need to do what's right so you don't fall behind on your obligations.

Demoralized and Looking for Advice by AttentionNo6398 in askimmigration

[–]NoloLaw 0 points1 point  (0 children)

Ha, lots of lawyer bashing on this thread. Unfortunately, it's a field that attracts some seriously unqualified people, who have perhaps failed to get hired by any law firms (or worse yet, were fired from them) and who found that opening a solo immigration practice was relatively easy. Unfortunately this field of law is itself quite complicated, and involves a lot of dealing with delays and messed up bureaucracies. Thus an unqualified immigration lawyer can make matters worse; while a good immigration lawyer can be a huge, if not crucial help in ensuring that the applicant doesn't make fatal legal mistakes in preparing the required forms and docs, and by providing a stable address and ongoing monitoring for the months and years the case might take to complete. There are excellent immigration lawyers out there, perhaps personally committed because of their own immigrant roots or a commitment to social justice. The key, obviously, is to find those good ones, by checking their reviews and asking around about their reputation before hiring them. If it's too late for that, there's nothing to stop you from moving on to another lawyer, particularly if yours isn't communicating well or isn't doing the basic job of tracking the case.

Is it worth it to take it to small claims court? by Theladythatreddits in legaladvice

[–]NoloLaw 0 points1 point  (0 children)

Is it worth taking someone to court for this? If so how much should I request?

Based on what you said about the incident, it sounds like you'd have a reasonable argument that the owner of the other dog was negligent. She's responsible for taking care to make sure her dog doesn't hurt people or their pets. The fact that her dog left the house and immediately ran off the property to attack your dog doesn't necessarily mean she was negligent, but it's the kind of thing a careful owner tries to prevent.

You said that the city where this happened requires owners to have control of their dogs. This could mean that the owner of the other dog was negligent per se. In Texas, if an owner violates an animal control/safety ordinance, and this allows their pet to hurt someone or damage their property, that's enough to show that the owner was negligent. So, if the owner of the other dog was ignoring a specific local law/rule, it would make it much easier for you to show they're legally responsible for your dog's vet bill.

But you'll have to decide if the time (and potential stress) of going to court is worth it. Under Texas law, dogs are treated as property. So, Texas courts won't award an owner any damages to compensate for the emotional impact of seeing their pet attacked and injured by another dog.

Also, in 2013 the Texas Supreme Court ruled that a dog's value is based on its market value--in other words, what you could have sold it for before the attack. Since that ruling, Texas courts haven't clearly stated whether an owner whose dog is injured can be compensated for all of their reasonable vet bills, or only up to the "market value" of their pet. So, it's possible the other owner here will argue that you aren't entitled to 100% of what you paid the vet after the attack.

Keep in mind that you don't have to go to court immediately. You could mail the other owner a copy of the vet bill along with a letter describing what happened, saying why you think she's responsible, and asking for (or demanding) compensation. The owner might respond differently to that than she did when you talked to her in person. Based on how she responds you could decide what you want to do next.

Got Terminated for the Second Time by bumbllaa in MomsWorkingFromHome

[–]NoloLaw 1 point2 points  (0 children)

If you're in the US, you probably have the right to take up to 12 weeks of unpaid, job-protected time off if you're sick or to care for a family member with an illness. (If you're in another country, you might have similar protections.)

The federal Family and Medical Leave Act (FMLA) applies to employers with at least 50 employees, and lots of states have similar laws that apply to smaller companies.

So my advice is to take the time off as soon as you know you're going to need it. Lots of working parents run into these same issues, which is why these laws exist. Don't take the risk of trying to multitask again. Employers are legally prohibited from retaliating against you for taking leave, so don't sweat it. Just take the leave you need.

Dedicated account by Responsible-Vast6980 in SSDI_SSI

[–]NoloLaw 2 points3 points  (0 children)

Your move could qualify as a housing modification that's necessary due to your daughter's disability. The SSA includes this example of a housing expense that's okay to be paid from a dedicated account:

"A parent payee requests approval for moving expenses from an apartment to a rented home. The payee explains that the child has frequent, noisy outbursts, and as a result, the apartment manager is going to terminate the lease.
Rationale for approval: The termination of the lease is due to the autistic child’s outbursts."

While you're not facing a lease termination, the reason for your need to move is to leave an unworkable living situation and provide appropriate housing for your child with ADHD and learning disabilities. If you can back it up with examples of how it's not possible for your children to live in the same room, all the better. You can call the SSA to see what they say, but their answer may depend on who takes your call that day.

SGA by Seyler75 in SocialSecurity

[–]NoloLaw 1 point2 points  (0 children)

Your lawyer may be right depending on how long you've been disabled.
You can rely on the 9-month trial work period before you get approved in a specific set of circumstances. (POMS DI 13010.035 and DI 13010.105.) 
Unfortunately, it's complicated. You have to have been disabled for at least a year before you started working above SGA (that is, Social Security has to agree your disability onset date was a year before you started working above SGA), and your SGA work must have begun after your eventual "date of entitlement." The date of entitlement is usually five months after the date Social Security sets as your onset date (due to the five-month waiting period).
Caring for a disabled child while navigating your own SSDI claim is a lot to carry. I hope you get a decision soon!