WWL>Topics>>05-21-17 9:10 am All Things Legal

05-21-17 9:10 am All Things Legal

May 21, 2017|

Doug Sunseri and Albert Nicaud discuss legal issues and answer questions from WWL callers.

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Automatically Generated Transcript (may not be 100% accurate)

Assessing the person's legal matter often requires extensive interviews review of contracts and documents and research of the current state of the law on the issues involved. As a result the information provided by the attorneys in guest of all things legal is given for informational purposes only. It is not to be construed as legal tax investment or other professional advice communications with the attorneys on this program with a verbal or digital do not create an attorney client relationship. Hey were back Texans are Albert because you're handlers are all things legal our number two were on till 10 o'clock gives call 2601 determining our tax this. An 87870. And before we go to one talks but Jackie. He did talk but judgment generals but I'd before we do that. It's on there right now it's a 102 days before LSU opening day and BYE. Football so a hundred we start in the com we start the countdown right now so every Sunday and tune in you'll know how many days down. So now Dave let's reduce that. That Obama. Among his view that sort of put you set the date you could do little come down I told us that this are on LSU on the side you set the date and time and don't understand that your countdown app you can do the minutes and there is a great idea. I join an actuary. Do viewing audience would love that summary of the listening audience truly listening to LSU fans will target some taxes. But. Com all we had Jackie she call and she worked she got judgments. Against AC company gains at judgment action against a compound and rush fraud that was. But still operate still operating right which is good news is many of them for a trucks. Order this stuff and don't pay for him to work on and Mendoza. Is so and Albert. How did they collect the would have some of the things that can. They've got judgment they've got what's called default judgment which means that they filed a lawsuit. They serve the lawsuit ball and he registered agent for service to process. That person on behalf of the company or the company themselves did not answer the lawsuit did not file make an appearance into the record. So. After certain period of time. And sometimes it's fifteen days in district in record it's ten days in city court. Com you can go in and take a default judgment. And give aid unity Richard evidence on your prime facie proof huge you'd introduce few documents etc. you testimony. And then it's it's sufficient evidence the judge to give you judge hostile sawgrass was prompt patients. Rama facie evidence means that. You have proven your case. To the point where you know you know it would be burdened with the shifted the defendant because the defendant does not show up then you approving it connects. So. In this situation they've gotten what's called a default judgment it's a valid judgment just like any other. The next step. Because this is that tenant. Like if you said you can't really little lean against the property and you can if the owner knows about Lleyton. In consents to do the installation on the property would eventually be his but and you kind of get into full litigation. But in this situation you can do what's called the judgment debtor examination. And it allows the plaintiff with the judgment to examine. The books. Papers documents records of the defendant. On any matter relating to the property so this includes. Bank account numbers. And you know profit loss statements. And tax returns. You name oh win. Will they have any type of savings accounts. Or any other financial accounts. Once you have that information. You grew have the sheriff seasons. Sees that bank account. And obtain whatever they can get from the judgment in the new no notice is necessary to the defendant is to win you can do. So it's very powerful tool in obtaining the other question that I pastor and in them. We kind of got cut off as we had to we had a little break. Was about a turning cities. Sometimes. If there is no contract. You are entitled to as. As some sort of specialist mechanic. Plumber. HB ACX that are you can you can get this filed suit on an open account. For the services that are being branded and you can rebuking attorneys' fees through that or if you have a contract your contract. Should say that if we have to. Employ the services of an attorney to collect some out. Then we are entitled to attorney's fees up through and including the data collection. And so that then gives you the opportunity to. Collect the money and then Ager attorneys' fees for actual filing the lawsuit quart cost and the collections. And then you just bring that to the sheriff and the sheriff com. In will's will. Seize the property which revealed once you know what the property that. They might have they might have equipment you concedes they might have vehicles that you concedes that are owned by the company. All those types of things in news you learned that through this judgment that examination whether or not. Particular vehicle has you know its finance or whether they own it outright user truck that they have to truck. Those cuts in you by you can find out where that bank account talked absolutely and if you for if you know where their bank accounts or he can actually in the account numbers and account number she can actually do it parchment and where you would seize. That money that's owed. From there bank account correct oath. Yeah I mean yeah whatever real estate they might go whatever property or equipment they in my zone you have the right to go into that through it's a very powerful tool. An and I guess the second half. Of this little lesson here is. If you war served. Whether in the corporate capacitor and individual capacity with a lawsuit. Give it to an attorney immediately. Because. You only have a short window to file responsive pleadings into the record if you don't someone can come along. The the person that filed that suit can come along and obtain a default judgment against you without you having the opportunity to defend yourself. And if you don't it because you did dot. Engage in the proceedings who don't ignore file right away and file something right away give it to an attorney and let them know. What's happened and they can protect your interest otherwise the judgment can be obtained against you and like we said. Your bank account be garnished for the total amount without you defending bush. There's a there's another component to about this too also if you or the H whoa we had HBC if your. Selling. To a small. Limited liability company right that may not have assets and which you may wanna do absolutely wanted to do absolutely wanted to they agree to is to get a personal guarantee Newton. From the owners of the world limited liability company because a lot of times. If you have a limited liability company without a lot of assets are especially if there is some type of brokerage service industry. That their services. Finds something in selling something or services not changeable. Our. It's it's you may want to. See if you could get a personal guarantee soot to LLC doesn't pay you still around the ability to get a. If they don't wanna give you that person guaranteed tell them wait so. You want me to guarantee the financial accounts of this company and you won't. Kazaa otherwise I'm good either so you need to step up to the plate and you sound off is Joseph Smith LLC which you've got a sawed off his Joseph Smith individually as well. India guarantor of abaco and all of a sudden they find the checkbook. Because they know that personally they'll have to come up with a debt making it to say oh. Sorry I'm just you know I'm just gonna shut down the LC is still have rights against the Yellow Sea but if GL OC goes out of business. You didn't have the right to go after the guarantor individually. And so that's which is common practice and our stock price very very common practice in in leasing. And commercial leases rise in and you know that there's a personal guarantee that a person guarantor someone who guarantee Elise. In the provisions of the lease throughout the term because companies coming they don't make it and then especially if you start up company right in the last sources there's duck you know having to deal with everything. And running up expenses and not collecting rent. And yeah statistically says the fact that 78%. Of companies do not make it for the duration and you do the biggest reason. Lack of capital under capitalization. Cups ago in two with a great idea. And not enough money to get them through it and he had to carry it up another point causes a lot of times we have. Three part so come to us and wanna form company in and you know. Every time. There you know had the idea there all you know the assumption was gonna make a lot of money and do very well right. And you know when I guess when you for a company. And you have in you meet with award goes to an operating agreements. We sought to do which you do before you close to where get married if you ask questions about what do you. What do you know I mean it makes itself like that lawyers are such dam owners right there where these have been what are you talking about Brit. We have to ask these questions because OK so let's say this doesn't sell as much as you think it's going to sell what's gonna happen how are your salaries can get paid. Here the money guy how are you gonna get paid back you're the guy working the business day in and day out you got a house to support how are you gonna do. As. A lot of what would you. With 20000 dollar short. How do we get the money yet come up with a capital contribution. Came when he apart has incurred debt without you know a certain amount without. Getting approval from all this type of issues that. You asked much like where you get married there or assess how many kids do you want when you you know in your mind at the wife uses six dollars and might say one you know wolf. You don't talk about this. Guy talk about this so mom you know so that you asked the same kind of questions when you go into this business marriage sane. When you know how we got to deal with these contingencies. And hopefully we they'd never come back to us homeless problem. All or they come to us with a problem and in new operating agree and so am I thought this or you know this is my perceptions. Are is beautiful lawns is coated jays got a question regarding protecting an idea. To say our proposal to a company hey Jay you know they easily with a turnover Nikko. Well on our idea to. This company tomato company on straight and they're doing number I don't unity it's. Well. Should change. Bill wade and we're in news move format. Mpeg corniche to. My question. If I'd do this without some sort of uncle but when attorney and I wanted to tribal present and ideas and what struck saying we're probably say no we're not an aura of endlessly in a column. Or. How to protect yourself. Okay well first of all com. Which you wanna do is have them sign an agreement on the way Ian. Com and that you going to present them with this concept or idea. And now explain what the ideas which is like you explain to us that it will creatures. And bring that to them that legal department look at it basically it's a non disclosure from. Agreement where there are not going to disclosed that they are not going to utilize that. Protection you. From them using now the question becomes. Is there will be it will Watson exceptions to it is. Agreement wanted to quit is this something that's commonly known. You know in the industry took care and we could Wheeler in this from and other third party decides to. Is this something we've looked at in the past. All we are you doing OEO Leo we're doing some form of this managers saying well we do excellent and I don't know your idea and 01. I'm just stated if you know there ways with him comic chisel away at so do you wanna keep that document type. Andy you know you can do one of two things you can do liquidated damages clause meaning that if they breached this agreement. Then. You get to file suit against them and if you can just breed. The damages liquidated which means that. This is there is a stipulated amount as to how much it's going to be so it's. 202000. Dollars whatever the number is to give them incentive now to reached agreement. Or if you don't think you would just be ordinary damages which means you'd have to view get the records in and spent a lot of money trying to prove. That the use of this idea. Increased sales by X amount over your time in there for you should be entitled to use those prop. Okay obviously and dole is arbitrary. I'm a little on how the option you what I would say yeah apps I'm not saying them saying that you should use an attorney. To order an agreement. Bullets did not elect a non disclosure saying look you you have the right to come in and in. Talk about this and they can't disclose that they can't realize that method as. I mean you know you when you when you're talking about. Intellectual property which this sounds like it is it's an idea. I'm not not in no widget no notes symbols. Or you can do you do those guys you know there it's a one of the specialties it is it's a little bit more expensive I think to do is going to a general practitioner but turning. Home to protect their rights especially if you're going out of state. Him you know you're gonna want something that's. It's gonna protect you of cross state lines success. Oh no don't do. Yeah that we non disclosure agreement and we can prepare something like that but you know to you know we have we have an attorney that we bring in the can too long who's who's who helps us with these intellectual property. So Perkins call it gives colony 371304371. Treo or on the expert college say I go to break text stereo particularly we can or is all things we will be right back here his brief time out they were back Texan Terry Albert because you weaken lawyers all things legal. Let's go to attacks it's Islam I've been subpoenaed to test that by recording one among students in regard to cost the allegations of oddities. My district's lawyer says I act that would due diligence and should never have been served do I need personal rep. In patient court date is next week. If the custody proceeding is between. The student's mom and dad. You don't need representation. Would would would probably do on is. They're subpoenas teachers to find out if these student reported anything regarding what was going on at home. That would be relevant to the custody proceeding. So another words sometimes when as a highly contested custody proceeding. The teachers often. Confided to by the students regarding what's going on at home and at times teachers subpoenaed to testify trot this couldn't say. To testify as to whether the student reported to them. Anything that was occurring at home that would be relevant to the custody proceeding so in that case if you're not the subject. The issues in your just a witness there is no need to calm team to get representation. Just simply state. We you know which you know and that's it sort of brief pretty straightforward it's a long. But you that's that's a top position with teachers because a lot of time to do you confide with students who are having trouble. And then. They gonna have to. Discussed that with you know in a context court litigation those are tough those tough situations to it as you say it's a shame because in some teachers are totally get involved as true as sir you're exactly right ex exactly right all right we're gonna go to oh CBS news update new go to local news we're back informants the last half an hour of all things legal they were back there since their company you were gamblers all things legal don't have an hour stay tuned to pershing Erika at 10 o'clock to sports sure will be talking about policies SEC. Baseball coach championship. Like with four are still the champions of the blast. Champions the last hour right there care to us that. They ran away with the west bank and when this here's tardy champions league strike. Now says the suit that is. I actually wouldn't hear stories Ellis use one game in his state. In the hand with a sweep their four games. So they play and is it winner texting them in Missouri you know I think it's harder and you look talk college baseball's I'm. With. But I think it's almost as hard to win SEC. Championship in the college World Series. The competition is probably comparable. So one is it's ours. Guitars. And we're talking about you want talk TARP. The the judgment. Well yeah I mean the it is that kind of reiterate what we just talked about the last half hour about. Yeah Lee what do I do if I get sued. Okay let's say I'm an individual. Mahdi credit car. Well better than that let's say my son got a car accident aren't. Okay now all of a sudden. Six months later you bin. Served with a petition the sheriff shows up at your door. In your sooner they use this show up at about six earnings are very early breakthrough they they get to there. To what do I do well the first thing you do if it's insurance related and you believe. For any reason that. There may be insurance coverage for the incident. You turn it over you call your insurance agent. Anything you either Scandrick fax it bring it over whatever you do bring it to them immediately. And they will then turn it over to the insurance company the other thing you might wanna do is make a phone call to view lawyer. Who filed a lawsuit ensued and tell them. I receive service. I would like of a brief extension of turn the matter over to my insurance company you will be hearing from. That's music to their ears they wanna know that there's insurance coverage and that. The wheels are in motions so that request should usually be granted. In an in a corporate standpoint you know depending on what the nature of the dispute is. If it was from shareholders from another company then you again don't sit on that. That pleading it'll say citation at the top you've been sued. Contact your corporate attorney contact an attorney if you don't have one and tell them hey look this is what's going on. You know I needed a lot of conflicts checked to see if if you can represent me. And then you move forward let them take it over from there the second thing I recommend and an I recommend this all the time and you know. You had clients. Not tell you the whole truth you've had clients did not reveal things that they should have revealed to you. Don't think that you lawyer is going to not represent you as zealously just because you may have some dirtier clause. That is part of their job. To. Deal with that editor is best as possible. Make it in the most favorable light possible. And minimize it and move on to try to establish what your position is in the litigation. Always always always tell you warned the truth value lawyer everything you can tell them anything they might come around and bite you on the botanist litigation. They need to know about it because they can deal for prepare for prepare you for. Prepare others for. And then. You know hopefully minimize it's something you can. But it you know eight those are the kind of thing. You'd do in the litigation process. And in an again. For a Warner if you're in the middle rob Horry deposition when you find out the first time something. That was very relevant. A year case that your client didn't tell the rise is devastating but most of the time if you have some. Skeletons in the closet or soft and that's difficult to deal with the warriors. At techniques on hot again outweigh that minimizes. A lot towns where we the other side's gonna bring up something that's going to be hurtful with a case. We bring it out first right to gain framed in the way that we want it and as opposed to have and it rained the way the other party. Says it into the wind and as a result when the jury judge hears it the second time that's old news old news it's it's you know they've beaten that horse. So on and I'm sorry about animal activist Tristan beaten it and so our pilot Dustin Peta people. On says you're the horses that are ready soon to Isaac. It took a not really sorry electric tweaked BP. I'm RH. This beautiful models getting scary now a question regarding insurance company hey Gary and all things legal attacks concern over Nikko. In America yeah. Com most of about who we triple into some and then. And intra company and our. What he would admit to being put them in the with the sport to send me. Who would be a column. Pick pick of the season. And did its thing. On active contingent that wouldn't. Run in other ways the old do I need I say look you need to contact. Been sent from an old. Well they're different different things she can do if she has. Collision coverage on her vehicle. Oh. I understand that if if she has collision occurred coverage on her own vehicle was she injured or is this just property damage. OK so if she if she has collision coverage on her vehicle she can turn it over to her insurance company they will charge her a deductible. So she would have to come out of pocket for that to give the vehicle fixed at this point. However if it's clear liability like you say where that just a rear end collision. That insurance company will then proceed against the other insurance company they have these you know arbitration agreements between most of them. And so big deal will settle out of court you know and get through this arbitration process you can request in writing to your insurance company to. Get your deductible back from them that that's one way to handle it if you wanna do is pay your deductible and be done whether you wanna be the one to pursue it. Did you in this send it to me a letter to the insurance company. I'm sure they've given you an address by mail saying you know go go bring your vehicle to a shop. Haven't appraised for the damage send that. Appraisals to them and say you have to fix my vehicle within seven and have my vehicle paid within the next seven days. Or else I'm going to seek you know legal action. Yet now and can do from pragmatic standpoint is if you give the insurance or mentioned the other driver. To a body. Shop company that does a lot of work for insurance companies lot of times they'll handle portion acclaim for. In the sense that. They'll sonic claims adjuster in the claims just bought the body shop. And they would negotiate a price in order to fix the vehicle and it is no issues to buy so Apple's take care of it. If there is an issue body shop will say hey look we went ahead this exchange for a company says that he should be paid. We just want to make you aware of it in the dude you need to do in order to make sure it's. Now it's our wanna go again you would go to the grammys at the bigger rapper who once they have a lot of they have these agreements with. With companies. The major you know the guy echoes in the state farm to meals states where you know bills submitted to company on your behalf and yoga Lotta time to assess chip in in a column a rental vehicle looks so right in if you need a referral. Got a real good week referring to you to call us at the office or 83713. For so. All right all right thanks Gary thank Franklin thanks. Well is go to let's go to break Texan Terry Albert equally we can resulting legal we write back if his brief time out all right we're back Texan Terry Albert Nico you weaken or resulting legal is gonna lightning round let's go to Stevens got a question regarding divorce rates Stephen you know all things they wouldn't turn now for Nikko. Thank you guys. Wife filed for divorce. To cancel all of them are checking accounts boot down. Over a year later moved back again. It's since moving in she's itself upper zone. Accounts. That is an only rename. And my question issues not repaid. And the of the monies that cheap to account. Does she have to also. Be account that she set up solo. In the event. That we. Cannot work things out that we actually get divorced. The artist should not follow solution invective in the event that we do get divorced do you count which he has separately. Would that'd be entitled to have that and also what about. Any power lasers CD's that are earning. Well that's a good question. She moved back in with you consent. Or you are living as married. Then the it in she proper petition for divorce before. Just the one time she didn't follow through with that. And the respective. Miss this are you all are sleeping in the same bedroom. We are sleeping in the same bedroom in the same bed. All right well then that initial. Petition to divorce could be dismissed. Because you all probably sounds like you reconcile. So therefore I'm on. It in essence. It's as if you were still married today so everything would still be community property. Now if you wife ever tried to act on the petition divorce that was filed previously could defended by sand though. It's no longer ballot because we reconciled since the bombing of the divorce. So in essence it makes it go away so in essence based on which he described everything would be community property. Okay. Everything including ours and he. Absolutely now she's you know if she if she spent that money. Well I hated the markets it's all community can't take for me and so tell me my property and says sounds like a reconciled. Well we have we're in the same bedroom in the same we have not. Yeah I got yeah but. Yeah. I think. It would probably still be because you consider you hold yourself on his marriage here acting as married and so it sounds like that's not a requirement. It's one of the factors. But he is the actor I use where she keeping a toothbrush. Keep it in your house it seems to be used to all reconciled. So yeah appreciate you can. Get I was in the you know I don't know what the outcomes going to be that there is still. It's difficult and I don't know what are really intent is she's gonna end up during this in an updated automatically has Easter right. Yes while we have you good. Formally you'd have to get it dismissed but if she tried to act on that petition for divorce you can get it dismissed as darkness resolution if you move back in with you ask you to dismiss it. The two we've reconcile that we mortar dismissed he which. Actually does require that as. Yeah and then and then you can you know do you see where she stands but she couldn't act on it though also because you can depend on that basis all right Steve and but columns go to break that center Albert Nico you we can lawyers all things legal we write back their discreet Tom they were backed exits air Albert Niko we got about a minute let's go to Paul Lhasa is gonna Sandra Hayes entry which she got porous. Yes my brother about it much going to thank you lab I went unpaid so album at saint chalk. I wanted to know how cannot keep it contacted that if they edit my that they put acting keep it but yet they don't get it and right. Well armed dizzying array other assets. To sit. Now I went to try to get it for. Expect and that and they look and it didn't make it but don't expect to pick a bit about Eddie. Right there there's. Does he have any other siblings. Know just do. Do you like keep truck. Okay yet there is there's a form that you can fill out. More with the Department of Motor Vehicles. To that it's an affidavit that you shoes to fill out go to the Department of Motor Vehicles or you can go to actually one of those no replaces what department motor vehicles web site. Where it. They can transfer of the vehicle to you without the within and without a succession before if you can establish studio that you know you feel he has no children. Did they ago that you should it shouldn't be a problem. In the new once you have the possession you can bring that over to them and say look I've got official title now in you know transfer the final to Monday. Sandra alright thanks very heavily on getting you can call us at our office at 5048371304. Nikko and sincerity will be back next week okay we'll see you next week and all things legal.