Legal Questions: do not communicate with the demon at all except through your genie

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nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

hypocrite lecteur posted:

Holy man, 3 years probation for driving while suspended?

You know, people think California is some leftist paradise but our criminal law sucks a lot.

# ? Mar 22, 2011 22:19

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# ? May 15, 2024 09:14

joat mon: Oct 15, 2009; I am the master of my lamp;
I am the captain of my tub.

nm posted:

I would note there are counties in CA that would try to give you 3 years probation for a first, though likely not jail.

Is that 3 years probation and a dismissal if you complete successfully?
Do you pay supervision fees and have a probation officer during the 3 years?
If you get revoked, can you go in for 3 years or is the potential jail/prison time capped by the original max punishment? (surely DUS isn't a 3 year felony)

V V V V
e: to clarify, my question is referring to CA practice in general (as opposed to PancakeMan's question about what would happen in a specific case in WA) and directed to nm because nm knows CA crim law.

joat mon fucked around with this message at 00:39 on Mar 23, 2011

# ? Mar 22, 2011 23:12

BigHead: Jul 25, 2003; Huh?; Nap Ghost

joat mon posted:

Is that 3 years probation and a dismissal if you complete successfully?
Do you pay supervision fees and have a probation officer during the 3 years?
If you get revoked, can you go in for 3 years or is the potential jail/prison time capped by the original max punishment? (surely DUS isn't a 3 year felony)

All of these questions are fantastic examples of why every lawyer who posts in this thread always mentions that people should talk to lawyers in their area.

# ? Mar 22, 2011 23:55

PancakeMan: Jun 24, 2007; Lose your time, lose your mind, drink that wine.

PancakeMan fucked around with this message at 04:02 on Jun 3, 2020

# ? Mar 23, 2011 01:38

Kobalt: Mar 19, 2003

The 3 year probation is likely an "informal" probation. You would likely not have a probation officer or anyone to report to. But, that 3 year probation is a "don't gently caress up, otherwise harsher penalties could happen" kind of thing. It's more of a warning that you could be considered a habitual offender.

Source: I am on a 3 year informal probation for misdemeanor reckless in CA.

# ? Mar 23, 2011 05:14

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

joat mon posted:

Is that 3 years probation and a dismissal if you complete successfully?
Do you pay supervision fees and have a probation officer during the 3 years?
If you get revoked, can you go in for 3 years or is the potential jail/prison time capped by the original max punishment? (surely DUS isn't a 3 year felony)

Yes and no. You can normally get a 1203.4 dismissal in most cases after 3 years, but not part of the deal.
No. Court probation. However, fine and fee can break $1000 in some counties.
No, capped at 6 mo for standard DUI, 1 yr for certain others (after DUI, with certain notice, etc)

nm fucked around with this message at 05:29 on Mar 23, 2011

# ? Mar 23, 2011 05:27

A.s.P.: Jun 29, 2006; They're just a bunch of shapes. Don't read too deeply into it.

This is a very minor legal question but it irks me every time I think about it!

I received a dressform mannequin from my boyfriend as a surprise for my birthday. He bought it from a local lovely fabric store for $257. He ordered it over the phone, gave the store his credit card number, and did not sign anything. No one told him that this was a "special order" and would not be returnable/refundable.

When we picked it up, we then received a purchase order sheet that said "NO RETURNS" (received after the purchase - not before/during) and a receipt that did not have a signature. Nothing was signed, particularly not the line that said, "I acknowledge that this cannot be returned."

I saw that the item was completely unusable for me and was completely lovely quality (almost broke when I took it out of the box). We tried to return it but the manager said "NO RETURNS" and said to talk to the owner of the store, who comes in on Monday. I doubt he will be helpful. The manager also got incredibly bitchy and told me, "Well, you should just sell it then." When I did research on this model, they retail for no more than $140. There is no way we could recoup the $257 from that! We'd have to sell it for no more than $100 for anyone to even buy this piece of poo poo.

I believe this fulfills all of the American Express card charge-back policy requirements (no signed receipt/no clear disclosure of store policy at time of purchase). Is this ethical to do so if the store clearly does not take the return?

Edit: This occurred in Westchester, NY. I don't believe there are any state laws that govern consumer protection in these situations.

A.s.P. fucked around with this message at 16:45 on Mar 23, 2011

# ? Mar 23, 2011 16:42

LLJKSiLk: Jul 7, 2005; by Athanatos

amishsexpot posted:

This is a very minor legal question but it irks me every time I think about it!

I received a dressform mannequin from my boyfriend as a surprise for my birthday. He bought it from a local lovely fabric store for $257. He ordered it over the phone, gave the store his credit card number, and did not sign anything. No one told him that this was a "special order" and would not be returnable/refundable.

When we picked it up, we then received a purchase order sheet that said "NO RETURNS" (received after the purchase - not before/during) and a receipt that did not have a signature. Nothing was signed, particularly not the line that said, "I acknowledge that this cannot be returned."

I saw that the item was completely unusable for me and was completely lovely quality (almost broke when I took it out of the box). We tried to return it but the manager said "NO RETURNS" and said to talk to the owner of the store, who comes in on Monday. I doubt he will be helpful. The manager also got incredibly bitchy and told me, "Well, you should just sell it then." When I did research on this model, they retail for no more than $140. There is no way we could recoup the $257 from that! We'd have to sell it for no more than $100 for anyone to even buy this piece of poo poo.

I believe this fulfills all of the American Express card charge-back policy requirements (no signed receipt/no clear disclosure of store policy at time of purchase). Is this ethical to do so if the store clearly does not take the return?

Edit: This occurred in Westchester, NY. I don't believe there are any state laws that govern consumer protection in these situations.

You could do a chargeback. Whether it is "ethical" or not isn't really a question to ask a lawyer I wouldn't think, but just as a consumer I would say that you are within your rights to do a chargeback.

# ? Mar 23, 2011 18:57

Dr. Freeman: Feb 28, 2008

I'm sure this has probably been covered in the past, but I can't find anything about it for the life of me here. Simple scenario that happened to me this weekend:

My car was struck by a golf ball from the driving range that borders my apartment complex. My car was parked and I was in my apartment which doesn't face the driving range. I walked outside Sunday and saw a large dent/scraped paint on my trunk. I talked to my apartment complex and the driving range. Both have said they are not responsible for the damages. I understand how the apartment complex isn't, but how is the golf course not responsible? They know people will constantly slice balls toward the apartment, but they have a poorly maintained net with many large gaping holes. Who is responsible for fixing the damages to my car? There is no possible way to find out who the golfer was that hit my vehicle.

# ? Mar 23, 2011 20:49

entris: Oct 22, 2008; by Y Kant Ozma Post

Dr. Freeman posted:

I'm sure this has probably been covered in the past, but I can't find anything about it for the life of me here. Simple scenario that happened to me this weekend:

My car was struck by a golf ball from the driving range that borders my apartment complex. My car was parked and I was in my apartment which doesn't face the driving range. I walked outside Sunday and saw a large dent/scraped paint on my trunk. I talked to my apartment complex and the driving range. Both have said they are not responsible for the damages. I understand how the apartment complex isn't, but how is the golf course not responsible? They know people will constantly slice balls toward the apartment, but they have a poorly maintained net with many large gaping holes. Who is responsible for fixing the damages to my car? There is no possible way to find out who the golfer was that hit my vehicle.

No one is going to outright say "oh yes, we're responsible for that property damage.". Everybody denies liability at the outset. I think an argument could be made that the golf course is liable, on the theory that the golf course has a duty to maintain a safety net, and it has failed to do so.

Unless you have the golfball that hit your car, and an eyewitness, you in particular aren't going to win a lawsuit - how can you prove it was an errant golfball and not something else? Your case is almost certainly a loser unless you've got evidence.

# ? Mar 23, 2011 20:53

Dr. Freeman: Feb 28, 2008

That is what I am worried about. There is no way to find the golfer and no way to tell when my vehicle was hit.

I'm almost certain some simple science could determine that a golf ball is what hit my vehicle.

My car is black. I found a golf ball with black paint on it. However, the golf ball I found was a substantial distance away from my vehicle. Yes, it could've rolled downhill from where my car is, but no way to tell if it is my black paint.

Will the poorly maintained net be something I might be able to use against the driving range? I imagine that is basically all I have to go one.

# ? Mar 23, 2011 20:57

Sir Sidney Poitier: Aug 14, 2006; My favourite actor

A UK question:

If someone has a photocard driving license and the date on it says it's expired, if they drive a car, what is the crime? Is it driving without a license? Or is it one related to not having an up to date photo? I ask because depending on how you think about it technically they could still be considered qualified to drive.

My girlfriend's has run out, she hadn't realised and had been driving my car and is on my insurance. Needless to say she will not be driving it or anything else again until the situation is rectified. Nothing has come of it, but I am curious as to the technical crime.

# ? Mar 23, 2011 21:05

grnberet2b: Aug 12, 2008

Anjow posted:

A UK question:

If someone has a photocard driving license and the date on it says it's expired, if they drive a car, what is the crime? Is it driving without a license? Or is it one related to not having an up to date photo? I ask because depending on how you think about it technically they could still be considered qualified to drive.

My girlfriend's has run out, she hadn't realised and had been driving my car and is on my insurance. Needless to say she will not be driving it or anything else again until the situation is rectified. Nothing has come of it, but I am curious as to the technical crime.

According to this website, it would be considered driving without a valid license.

# ? Mar 23, 2011 21:10

seacat: Dec 9, 2006

What kind of process do you go through to meet with an attorney (texas) just to have some basic questions answered? I guess to hire an attorney? For example, I am filing for citizenship soon and would like to meet with an immigration attorney to ask how to phrase my very minor criminal convictions ( 2 class c misdemeanors for public intoxication). Is it possible to meet with a licensed attorney just t
o ask some questions, pay him for his time, and leave, or do I have to have him take on my whole case, fill out the forms on my behalf and submit, thus probably racking up a much larger amount of billable hours? I've never had to do this before so thanks for any help..

# ? Mar 23, 2011 21:20

the littlest prince: Sep 23, 2006

Dr. Freeman posted:

I'm sure this has probably been covered in the past, but I can't find anything about it for the life of me here. Simple scenario that happened to me this weekend:

My car was struck by a golf ball from the driving range that borders my apartment complex. My car was parked and I was in my apartment which doesn't face the driving range. I walked outside Sunday and saw a large dent/scraped paint on my trunk. I talked to my apartment complex and the driving range. Both have said they are not responsible for the damages. I understand how the apartment complex isn't, but how is the golf course not responsible? They know people will constantly slice balls toward the apartment, but they have a poorly maintained net with many large gaping holes. Who is responsible for fixing the damages to my car? There is no possible way to find out who the golfer was that hit my vehicle.

http://articles.chicagotribune.com/2011-02-25/news/ct-met-golf-ball-dismiss-0226-20110225_1_lillian-demo-naperville-golfer-golf-courses

Slightly different circumstances.

# ? Mar 23, 2011 21:44

Dr. Freeman: Feb 28, 2008

That seems to be the case in ever article relating to golf damages I've read. The golfer is responsible, but the game of golf and errant shots is not against the law and you're just supposed to expect to take damages because of the game.

So, that brings me to the part about the driving range not maintaining its barrier net. With large holes in the net, do I have grounds to accuse them that they allowed the situation to even happen in the first place? If the net was properly maintained, then golf balls would not fly through it.

I'm almost expecting to have to pay out of pocket for this, which really sucks.

# ? Mar 23, 2011 22:21

and the claw won!: Jul 10, 2008

amishsexpot posted:

I received a dressform mannequin from my boyfriend as a surprise for my birthday. He bought it from a local lovely fabric store for $257. He ordered it over the phone, gave the store his credit card number, and did not sign anything.

I saw that the item was completely unusable for me and was completely lovely quality (almost broke when I took it out of the box). We tried to return it but the manager said "NO RETURNS" and said to talk to the owner of the store, who comes in on Monday.

Based on what you've said about the quality of the item, the store likely violated the implied warranty of merchantability.
Relevant statute: http://law.justia.com/codes/new-york/2010/ucc/article-2/part-3/2-314/

You should try talking to the owner, and if that doesn't work, do a chargeback.

# ? Mar 23, 2011 23:11

powertoiletduck: Feb 19, 2004; dance dance dance

Hi guys - copyright question.

A group has a free list of 'sample questions' to help pass an exam. How would I stand in creating a set of worked correct answers to these questions?

Do I need their permission? I know the guys who run the group, so I'll end up approaching them anyway, but do I need their consent?

# ? Mar 23, 2011 23:20

joat mon: Oct 15, 2009; I am the master of my lamp;
I am the captain of my tub.

seacat posted:

Is it possible to meet with a licensed attorney just to ask some questions, pay him for his time, and leave.

Yes. You and an attorney are free to contract for whatever amount of legal services you want.

# ? Mar 24, 2011 00:22

TheBestDeception: Nov 28, 2007

powertoiletduck posted:

Hi guys - copyright question.

A group has a free list of 'sample questions' to help pass an exam. How would I stand in creating a set of worked correct answers to these questions?

Do I need their permission? I know the guys who run the group, so I'll end up approaching them anyway, but do I need their consent?

This was totally a case in copyright.

I forgot the answer

Maybe EvilWeasel knows

# ? Mar 24, 2011 03:49

gvibes: Jan 18, 2010; Leading us to the promised land (i.e., one tournament win in five years)

TheBestDeception posted:

This was totally a case in copyright.

I forgot the answer Maybe EvilWeasel knows

If you don't repeat the questions, I can't imagine them having a claim.

# ? Mar 24, 2011 15:25

SpacePig: Apr 4, 2007; Hold that pose.
I've gotta get something.

I'm not in legal trouble or anything, but I'm just trying to settle an argument with someone at work, and this was the most fitting palce I could find to ask: In the United States, more specifically Pennsylvania, is a police officer required to be wearing his hat if he's trying to make an arrest?

The argument stems from a paraphrasing of a rule (we can't find the rule itself) that states that an on-duty officer must be in full uniform when making arrests, and whether or not the hat is considered part of the "full uniform". Google's turned up nothing but anecdotal evidence, at best, so I came here in hopes of settling this.

# ? Mar 24, 2011 16:02

WhiskeyJuvenile: Feb 15, 2002; by Nyc_Tattoo

SpacePig posted:

I'm not in legal trouble or anything, but I'm just trying to settle an argument with someone at work, and this was the most fitting palce I could find to ask: In the United States, more specifically Pennsylvania, is a police officer required to be wearing his hat if he's trying to make an arrest?

The argument stems from a paraphrasing of a rule (we can't find the rule itself) that states that an on-duty officer must be in full uniform when making arrests, and whether or not the hat is considered part of the "full uniform". Google's turned up nothing but anecdotal evidence, at best, so I came here in hopes of settling this.

short answer: no

long answer< hahahaha, gently caress no.

# ? Mar 24, 2011 16:30

SpacePig: Apr 4, 2007; Hold that pose.
I've gotta get something.

Baruch Obamawitz posted:

short answer: no

long answer< hahahaha, gently caress no.

This is what I figured, and pretty much what I found elsewhere. I wouldn't even have asked if it weren't for the "No, no, they have to. I read it somewhere." I kept getting.

# ? Mar 24, 2011 16:36

entris: Oct 22, 2008; by Y Kant Ozma Post

SpacePig posted:

This is what I figured, and pretty much what I found elsewhere. I wouldn't even have asked if it weren't for the "No, no, they have to. I read it somewhere." I kept getting.

Police officers in plainclothes can make arrests.

# ? Mar 24, 2011 17:01

poxin: Nov 16, 2003; Why yes... I am full of stars!

A "friend" and I signed a 13 month lease for an apartment. He has not paid a single dime for the duration of our stay for anything(admin & app fees, rent, electric and bills). He's just decided to skip town and not pay for anything.

Would this be something I could take to small claims? My tenant says that in order for him to get out of the lease, I would have to sign something as well. Looking for any advice in this situation.

Edit: I live in Raleigh, NC

poxin fucked around with this message at 17:20 on Mar 24, 2011

# ? Mar 24, 2011 17:15

gvibes: Jan 18, 2010; Leading us to the promised land (i.e., one tournament win in five years)

poxin posted:

A "friend" and I signed a 13 month lease for an apartment. He has not paid a single dime for the duration of our stay for anything(admin & app fees, rent, electric and bills). He's just decided to skip town and not pay for anything.

Would this be something I could take to small claims? My tenant says that in order for him to get out of the lease, I would have to sign something as well. Looking for any advice in this situation.

Edit: I live in Raleigh, NC

Generally speaking, you are liable for the entire amount to your landlord, but yes, you can sue the guy for his share.

See if there is a local tenant union. They may have locality-specific information.

# ? Mar 24, 2011 18:02

Roboflow: Nov 26, 2007; How long till I'm re-banned

question answered elsewhere

Roboflow fucked around with this message at 20:09 on Mar 24, 2011

# ? Mar 24, 2011 20:04

Drav: Jul 23, 2002; We've come a long way since that day, and we will never look back at the faded silhouette.

Is there anyone I can ask about Alabama business law/taxes?

LLC was formed with some friends in 2006, everyone but me dropped out in 2008, but the corporate account has been at $0 since that time (March 2008). I may or may not have filed articles of dissolution at that time (I'm being asked and I don't remember and don't have a copy of anything) and now the state of Alabama is asking for me to pay the business privilege taxes from 2008, 2009, and 2010.

Am I going to have to pay state business privilege tax for 2008-2010 if there is no record of articles of dissolution being filed? And if so, why am I personally liable for it and not the penniless ex-LLC? Why am I personally liable for the expenses of a corporation set up to make sure I am not personally liable for stuff?

I am not understanding this. Thanks. :emo:

And if I am in the wrong thread I can take it to the Income Tax thread, though I thought this was more legal than taxy (though admittedly it is both).

# ? Mar 25, 2011 00:30

entris: Oct 22, 2008; by Y Kant Ozma Post

Drav posted:

Is there anyone I can ask about Alabama business law/taxes?

LLC was formed with some friends in 2006, everyone but me dropped out in 2008, but the corporate account has been at $0 since that time (March 2008). I may or may not have filed articles of dissolution at that time (I'm being asked and I don't remember and don't have a copy of anything) and now the state of Alabama is asking for me to pay the business privilege taxes from 2008, 2009, and 2010.

Am I going to have to pay state business privilege tax for 2008-2010 if there is no record of articles of dissolution being filed? And if so, why am I personally liable for it and not the penniless ex-LLC? Why am I personally liable for the expenses of a corporation set up to make sure I am not personally liable for stuff?

I am not understanding this. Thanks.

And if I am in the wrong thread I can take it to the Income Tax thread, though I thought this was more legal than taxy (though admittedly it is both).

If you were in my state, I would take this on for a small fee. I'd look to see what the state law says about imposing the tax on businesses, and I'd look to see how LLC's can be dissolved - perhaps you could argue that zero assets from 2008 forward, plus (I'm assuming) no business activity equals dissolution.

The question about your liability for the tax is another issue, which I won't opine on without a little research.

I think you should find a lawyer. How much is the tax they're asking for?

# ? Mar 25, 2011 00:46

Drav: Jul 23, 2002; We've come a long way since that day, and we will never look back at the faded silhouette.

entris posted:

If you were in my state, I would take this on for a small fee. I'd look to see what the state law says about imposing the tax on businesses, and I'd look to see how LLC's can be dissolved - perhaps you could argue that zero assets from 2008 forward, plus (I'm assuming) no business activity equals dissolution.

The question about your liability for the tax is another issue, which I won't opine on without a little research.

I think you should find a lawyer. How much is the tax they're asking for?

The outstanding amount is $448. Not a lot, I know, but it is to me.

(edit: and yes, no business activity whatsoever since that time)

# ? Mar 25, 2011 01:03

entris: Oct 22, 2008; by Y Kant Ozma Post

Drav posted:

The outstanding amount is $448. Not a lot, I know, but it is to me.

(edit: and yes, no business activity whatsoever since that time)

Ok I took pity on you and did a tiny bit of digging.

From http://alisondb.legislature.state.al.us/acas/CodeofAlabama/1975/40-14A-22.htm

quote:

(a) Levy of tax. There is hereby levied an annual privilege tax on every corporation, limited liability entity, and disregarded entity doing business in Alabama, or organized, incorporated, qualified, or registered under the laws of Alabama. The tax shall accrue as of January 1 of every taxable year, or in the case of a taxpayer organized, incorporated, qualified, or registered during the year, or doing business in Alabama for the first time, as of the date the taxpayer is organized, incorporated, registered, or qualifies to do business, or begins to do business in Alabama, as the case may be. The taxpayer shall be liable for the tax levied by this article for each year beginning before the taxpayer has been dissolved or otherwise ceased to exist or has withdrawn or forfeited its qualification to do business in Alabama. The amount of the tax due shall be determined by multiplying the taxpayer's net worth in Alabama by the rate determined in subsection (b).

Maaaaybe you could convince someone in the tax department that your single-member, zero assets LLC (the taxpayer in this case) ceased to exist in 2008, or otherwise forfeited its qualification to do business. You would want to call the Alabama Department of Revenue, Business Privilege tax people at 334-353-9807 and plead your case. (got that number from http://www.revenue.alabama.gov/research/How%20to%20close%20a%20business.pdf)

Because:

quote:

(c) Minimum tax. Except as provided in subsection (f), the privilege tax levied by this article on certain corporations, business trusts, limited liability entities, and disregarded entities shall not be less than $100.

You say you owe tax for 2008, 2009, and 2010, which gives us a total minimum tax of $300, so either you did business during one of those years or the penalties and interest make up the rest of the $448.

Now, it's possible that in Alabama there is case law out there that says your LLC would be considered "dissolved" or having "ceased to exist", but I am not going to go try to find that - that's why I think an Alabama lawyer would be necessary.

You've also got another issue: why are you personally liable for the business privilege tax? Well, first thing we have to point out is that in 2008 you became the sole shareholder of the LLC.

For federal tax purposes, this means the LLC ceases to be treated as a separate entity - indeed, the LLC went from being taxed as a partnership to being taxed as a disregarded entity. (I can tell you that there all sorts of complications with partnership-->disregarded entity conversions, by the way, which could have unforeseen problems lurking for everyone involved, but that's way too complicated for me to go into here.) So the question is whether Alabama treats your LLC as a disregarded entity for purposes of imposing its taxes, and the answer to that is yes:

from http://alisondb.legislature.state.al.us/acas/CodeofAlabama/1975/40-14A-1.htm

quote:

(g) DISREGARDED ENTITY. A limited liability company that is disregarded for purposes of federal income tax, or a qualified subchapter S subsidiary, as defined in 26 U.S.C. �1361.

When the federal government assesses tax on a disregarded entity, the owner-taxpayer is on the hook for those taxes. Since Alabama treats your LLC as a DE, you are on the hook for the taxes related to the DE. It has nothing to do with the limited liability concept built into the LLC vehicle.

So, where does all of this leave you?

If you and your partners contributed a bunch of property / capital to this endeavor, you might consider having a tax person look over the conversion from a partnership to a disregarded entity - if anyone contributed appreciated property to the LLC, there are definitely some tax problems.

Second, you could get yourself a lawyer to fight the battle that you shouldn't have to pay business privilege tax on a nonoperating, penniless business - and I think you might actually win that argument, except it would cost more in legal fees than the taxes you owe - although, if you decide to hire a tax attorney about the conversion issue, you could probably tack on this business privilege tax issue without too much added cost.

Third, you need to file the articles of dissolution, like yesterday.

Fourth, if you don't want to pay any lawyers, you could try your very best to sweet-talk the Alabama tax people. I gave you the number above for the office that handles the business privilege tax.

Fifth, if none of the above is feasible or works, try contacting the taxpayer advocate for Alabama, and plead your case to those people. It's probably a long-shot, but no harm in trying: http://www.revenue.alabama.gov/taxpayerassist/index.html

And that's about as much time as I'm willing to spend on this, good luck!

http://www.revenue.alabama.gov/bus.html
http://www.revenue.alabama.gov/incometax/lawsrulesindx.htm
http://alisondb.legislature.state.al.us/acas/CodeofAlabama/1975/40-14A-22.htm
http://alisondb.legislature.state.al.us/acas/CodeofAlabama/1975/40-14A-1.htm
http://www.revenue.alabama.gov/incometax/1webreghold/810_2_8_09.htm

# ? Mar 25, 2011 03:08

Drav: Jul 23, 2002; We've come a long way since that day, and we will never look back at the faded silhouette.

Thank you. That's far more than I expected and much appreciated.

I will be filing the Articles of Dissolution ASAP and take up a collection from the ex-LLC membership to pay this out. I'm okay with The Man winning if it means this is all over with.

Thanks again.

# ? Mar 25, 2011 03:13

entris: Oct 22, 2008; by Y Kant Ozma Post

Drav posted:

Thank you. That's far more than I expected and much appreciated.

I will be filing the Articles of Dissolution ASAP and take up a collection from the ex-LLC membership to pay this out. I'm okay with The Man winning if it means this is all over with.

Thanks again.

Oh I forgot to mention your final solution: rally your local tea party groups about the unfair business taxation in Alabama, march on the Department of Revenue, and demand that your tax debt be dissolved, then run for governor and eliminate most of the business-related taxes in Alabama.

edit: do try calling the department of revenue number that I listed above, and see if you can sweet-talk out of it. It's entirely possible! Let us know if that works / doesn't work.

# ? Mar 25, 2011 03:51

LLJKSiLk: Jul 7, 2005; by Athanatos

I've got an LLC in Alabama. You are required to pay $100.00 even if you show no income. Your additional amount is penalties and interest.

# ? Mar 25, 2011 05:15

LittlePea: Jan 22, 2007; extra yum!

I know there have been a lot of speeding ticket questions in this thread, so I've tried to search through as much of it as possible to check for PA questions but I haven't been able to find anything. I apologize if this may be similar to another question.

I recently got a speeding ticket from PA (I have a PA driver's license) and after looking into it I believe this will give me 5 points. Well, the last violation I had in May 2009 had given me 4 points (also for speeding) and due to the 12 month free of citations period, I still have 1 point on my record. If I just admit to being guilty and pay the fine for this ticket, that will bring me a total of 6 points which I do not want since I'd have to take a written test. What are my options? Do I have to contest this in court? If so, are my chances any good of winning this and what is the process like? What should I say? I apologize for having so many questions but I don't know the first thing about any of this since this is my 2nd ticket. I greatly appreciate any advice anyone has to offer.

P.S. The officer used ENRADD.

LittlePea fucked around with this message at 13:50 on Mar 26, 2011

# ? Mar 25, 2011 23:08

dvgrhl: Sep 30, 2004; Do you think you are dealing with a 4-year-old child to whom you can give some walnuts and chocolates and get gold from him?; Soiled Meat

entris posted:

Ok I took pity on you and did a tiny bit of digging.

From http://alisondb.legislature.state.al.us/acas/CodeofAlabama/1975/40-14A-22.htm

Maaaaybe you could convince someone in the tax department that your single-member, zero assets LLC (the taxpayer in this case) ceased to exist in 2008, or otherwise forfeited its qualification to do business. You would want to call the Alabama Department of Revenue, Business Privilege tax people at 334-353-9807 and plead your case. (got that number from http://www.revenue.alabama.gov/research/How%20to%20close%20a%20business.pdf)

Because:

You say you owe tax for 2008, 2009, and 2010, which gives us a total minimum tax of $300, so either you did business during one of those years or the penalties and interest make up the rest of the $448.

Now, it's possible that in Alabama there is case law out there that says your LLC would be considered "dissolved" or having "ceased to exist", but I am not going to go try to find that - that's why I think an Alabama lawyer would be necessary.

You've also got another issue: why are you personally liable for the business privilege tax? Well, first thing we have to point out is that in 2008 you became the sole shareholder of the LLC.

For federal tax purposes, this means the LLC ceases to be treated as a separate entity - indeed, the LLC went from being taxed as a partnership to being taxed as a disregarded entity. (I can tell you that there all sorts of complications with partnership-->disregarded entity conversions, by the way, which could have unforeseen problems lurking for everyone involved, but that's way too complicated for me to go into here.) So the question is whether Alabama treats your LLC as a disregarded entity for purposes of imposing its taxes, and the answer to that is yes:

from http://alisondb.legislature.state.al.us/acas/CodeofAlabama/1975/40-14A-1.htm

When the federal government assesses tax on a disregarded entity, the owner-taxpayer is on the hook for those taxes. Since Alabama treats your LLC as a DE, you are on the hook for the taxes related to the DE. It has nothing to do with the limited liability concept built into the LLC vehicle.

So, where does all of this leave you?

If you and your partners contributed a bunch of property / capital to this endeavor, you might consider having a tax person look over the conversion from a partnership to a disregarded entity - if anyone contributed appreciated property to the LLC, there are definitely some tax problems.

Second, you could get yourself a lawyer to fight the battle that you shouldn't have to pay business privilege tax on a nonoperating, penniless business - and I think you might actually win that argument, except it would cost more in legal fees than the taxes you owe - although, if you decide to hire a tax attorney about the conversion issue, you could probably tack on this business privilege tax issue without too much added cost.

Third, you need to file the articles of dissolution, like yesterday.

Fourth, if you don't want to pay any lawyers, you could try your very best to sweet-talk the Alabama tax people. I gave you the number above for the office that handles the business privilege tax.

Fifth, if none of the above is feasible or works, try contacting the taxpayer advocate for Alabama, and plead your case to those people. It's probably a long-shot, but no harm in trying: http://www.revenue.alabama.gov/taxpayerassist/index.html

And that's about as much time as I'm willing to spend on this, good luck!

http://www.revenue.alabama.gov/bus.html
http://www.revenue.alabama.gov/incometax/lawsrulesindx.htm
http://alisondb.legislature.state.al.us/acas/CodeofAlabama/1975/40-14A-22.htm
http://alisondb.legislature.state.al.us/acas/CodeofAlabama/1975/40-14A-1.htm
http://www.revenue.alabama.gov/incometax/1webreghold/810_2_8_09.htm

I love reading this thread for the actual useful "not legal advice" but great legal information, and this post is exactly an example of this.

# ? Mar 26, 2011 04:52

paid2lurk: Mar 29, 2010

Good evening Megathread legal people. I have an issue that came up today and need some legal advice.

On January 14th I got a speeding ticket and an expired d/l ticket in Arlington Tx. Well I had just taken defensive driving (oh my god what a beating) so I paid an attorney to handle the ticket for me. I called him a month later and asked him how things were going and he said fine and that I shouldn't worry it may drag out for months. Ok cool. No problem that's what they do.

---Fast forward to today. I am out with a buddy hanging door hangers trying to boost some business for him. Well a cop rolls up to my car which I had parked down at the end of a culdesac out of the way as to not piss off the rich folk. We are walking back to my car and he asked us what we were doing. I told him hanging door hangers, he asked if we had a permit and I said no and he asked for our Drivers licenses. Welp I have a warrant. 2 actually. So I went to jail. $820.00 to get out! Holy Christ. I had to sign nolo contendere (or guilty which I normally try to avoid.) papers.

I called my Attorney. His mailbox is full. I feel that he is responsible for the fact that these tickets went to warrant. One of them would have been happily dismissed with my d/l renewal (which I did in the allotted time) and the other I would much rather have paid than go to jail for. Please help is there anything I can do or do I just have a lousy story?

By the way. On the way to jail the cop was curious of my story and looked up my attorneys name on the Texas State Bar Website. This is what it said. :smith:

Current Member Status Not Eligible To Practice In Texas (click for detail)

# ? Mar 27, 2011 03:52

BigHead: Jul 25, 2003; Huh?; Nap Ghost

paid2lurk posted:

Good evening Megathread legal people. I have an issue that came up today and need some legal advice.

On January 14th I got a speeding ticket and an expired d/l ticket in Arlington Tx. Well I had just taken defensive driving (oh my god what a beating) so I paid an attorney to handle the ticket for me. I called him a month later and asked him how things were going and he said fine and that I shouldn't worry it may drag out for months. Ok cool. No problem that's what they do.

---Fast forward to today. I am out with a buddy hanging door hangers trying to boost some business for him. Well a cop rolls up to my car which I had parked down at the end of a culdesac out of the way as to not piss off the rich folk. We are walking back to my car and he asked us what we were doing. I told him hanging door hangers, he asked if we had a permit and I said no and he asked for our Drivers licenses. Welp I have a warrant. 2 actually. So I went to jail. $820.00 to get out! Holy Christ. I had to sign nolo contendere (or guilty which I normally try to avoid.) papers.

I called my Attorney. His mailbox is full. I feel that he is responsible for the fact that these tickets went to warrant. One of them would have been happily dismissed with my d/l renewal (which I did in the allotted time) and the other I would much rather have paid than go to jail for. Please help is there anything I can do or do I just have a lousy story?

By the way. On the way to jail the cop was curious of my story and looked up my attorneys name on the Texas State Bar Website. This is what it said.
Current Member Status Not Eligible To Practice In Texas (click for detail)

Since you are "hanging door hangers for your buddy," I assume you are eligible for a public defender. Get a public defender. I don't know specifically how Texas works, but anywhere normal (note: Texas isn't normal) you get a PD if you get picked up on a warrant.

Edit: do what nm said \/\/. But get a public defender first. Seriously, warrants are not like speeding tickets. They are a Big Deal sometimes.

BigHead fucked around with this message at 05:54 on Mar 27, 2011

# ? Mar 27, 2011 04:42

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# ? May 15, 2024 09:14

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

paid2lurk posted:

Good evening Megathread legal people. I have an issue that came up today and need some legal advice.

On January 14th I got a speeding ticket and an expired d/l ticket in Arlington Tx. Well I had just taken defensive driving (oh my god what a beating) so I paid an attorney to handle the ticket for me. I called him a month later and asked him how things were going and he said fine and that I shouldn't worry it may drag out for months. Ok cool. No problem that's what they do.

---Fast forward to today. I am out with a buddy hanging door hangers trying to boost some business for him. Well a cop rolls up to my car which I had parked down at the end of a culdesac out of the way as to not piss off the rich folk. We are walking back to my car and he asked us what we were doing. I told him hanging door hangers, he asked if we had a permit and I said no and he asked for our Drivers licenses. Welp I have a warrant. 2 actually. So I went to jail. $820.00 to get out! Holy Christ. I had to sign nolo contendere (or guilty which I normally try to avoid.) papers.

I called my Attorney. His mailbox is full. I feel that he is responsible for the fact that these tickets went to warrant. One of them would have been happily dismissed with my d/l renewal (which I did in the allotted time) and the other I would much rather have paid than go to jail for. Please help is there anything I can do or do I just have a lousy story?

By the way. On the way to jail the cop was curious of my story and looked up my attorneys name on the Texas State Bar Website. This is what it said.
Current Member Status Not Eligible To Practice In Texas (click for detail)

Sue the disbarred attorney for the fine difference (good luck. . .) and report him for practicing law without a license.

# ? Mar 27, 2011 05:05

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