Recent content by Tax Counsel

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    I put down a deposit on a vehicle and then decide not to buy it. They issued me a receipt but I never signed anything. Can I get my deposit back in SC

    I don't agree with that. But that's because I view it, with the facts we have so far, differently. The deal was not simply a purchase option, which what you are describing. Rather it seems to me, just given the facts the OP has provided, that it was clear to both parties that the ultimate...
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    POD vs joint bank accounts

    Fair enough. But that FAQ doesn't fully explain how it works. Under the FDICs view of the financial world, an owner of a bank account with a POD beneficiary is regarded as a trust for its insurance rules. (I think that a bit bizzare but it is what it is). The more full explantion in the FDIC...
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    Notary public at used car dealership

    No, there isn't. But key word words in your question that lead to that answer are "notarize my own documents". The whole point of a notary attestation of a document like a contract is to provide assurance from someone who isn't one of the parties to the agreement are who they say they are...
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    What's representing myself about in my divorce

    Representing yourself in this kind of matter puts you at a disadvantage if she has a divorce lawyer representing her. You'd need to learn the state's rules of evidence, rules of procedure, how to do procedural things like drafting motions, and of course you need to know the law that applies...
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    ESignatureguarantee.com no liability

    I agree. But if the company has some kind of business presence in your state you may be able to sue in your state small claims instead. That assumes the contract doesn't specify something different for resolution of disputes.
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    POD vs joint bank accounts

    Actually, no, that's not right. Only an owner of the account is insured. A POD beneficiary does not have an ownership interest until the account holder dies and the account passes to the named beneficiary. As there is only one owner at any given time only up to $250,000 in deposits will be...
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    ESignatureguarantee.com no liability

    Well, there are two questions that come up under this kind of fact pattern. The first is which state's law applies. The second is which state(s) may you bring a lawsuit for the claim. Those two are not always the same. Does the contract anywhere address either of those issues, have a mandatory...
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    Landlord won’t give security deposit back

    It's not illegal to put that there in most states. However, whether a court will enforce that kind of provision depends on Maine's landlord tenant laws and how the Maine courts have interpreted them. States vary rather widely in landlord tenant laws so there isn't a good general rule I can give...
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    ESignatureguarantee.com no liability

    This boils down to a dispute over who was supposed to do what under the contract you had. I haven't read the contract, don't know which jurisdiction's law applies, nor do I know what stocks are involved and what amount of money is at stake. I'd need to know all that if a potential client came to...
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    Millions of salaried workers will soon be eligible for overtime pay in the US

    Of course politics are involved. Every politician from the President on down puts out policies they hope will help them get reelcted or move up to a higher office. I'm not saying that as a criticism. That's what voters expect in a democratic republic: that the person elected is going to do...
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    I put down a deposit on a vehicle and then decide not to buy it. They issued me a receipt but I never signed anything. Can I get my deposit back in SC

    You did have a contract with the dealership, though it was a verbal one rather than written. Your deposit receipt would be evidence of that agreement. But there are several problems here. The first one is that under South Carolina law, as in most states, a contract for the purchase of goods...
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    Millions of salaried workers will soon be eligible for overtime pay in the US

    The rule is a logical one, putting lower level adminstrative staffers on par with rank and file employees for OT. Both groups have little control over their work schedules (unless they are in a union with collective bargaining agreement with the employer) and neither group is making big...
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    US FTC Bans Worker 'Noncompete' Agreements

    I agree, but I also believe the FTC lacks the authority to adopt that rule. If federal law is to ban non compete agreements, it needs to come from Congress. The FTC lacks express consent from Congress for this rule. The states lack the power to do it too, as the Constitution bans states from...
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    What's the process that a state bar goes through in investigating egregious fees charged by an attorney?

    If the bar gives an opinion that the fees were proper, that's not evidence that the attorney can use against you in court. But you'd want to read the decision carefully because if the bar officials are not convinced of your claim that may give you an indication of what the judge might decide in...
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    Starting a Business Startup choices for incorporating

    There are small businesses that form their business entity in a state other than one in which they conduct business because they've heard that lots of big corporations are incorporated in states like Delaware, Wyoming, Nevada, Colorado, etc and assume those must be the best places to organize...
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