If you’re doing business as a member or principal of an LLC, make sure when you’re executing business documents that you sign in that capacity. For example, the signature line should read:
XYZ, LLC
BY: ____(signature)____
Printed Name
Title: (member, manager, etc.)
This may help avoid (although it’s only one small factor) the imposition of personal liability.
A recent Gallup poll found that 40 percent of Americans support marriage for same-sex couples. However, the poll found that 55 percent of Democrats and 59 percent of 18- to 29-year olds think same-sex couples should be permitted to marry. To read the rest of this article please visit www.victoriaferrara.com.
This issue popped up today once again – if you’re a tenant, make sure you have functional smoke detectors in your home for your safety. Connecticut law is very clear – a landlord MUST provide functional smoke detectors (and a tenant has substantial recourse if a landlord fails to do so).
Connecticut Landlord-Tenant Note: If you’re a tenant whose lease has expired and you have moved out, and you’ve provided the landlord with your forwarding address in writing, he is required to refund your deposit (plus interest) within 30 days or you may be entitled to double your security.
Posted by Attorney Jeremy Hayden
Be sure when you’re purchasing real estate, or refinancing, to note and save any documents from your mortgage broker or lender regarding terms and fees that they originally promise (i.e., your Good Faith Estimate). This will protect you against any “bait and switch” tactics, or the inclusion of any additional fees, that some may try to sneak by you at closing.
Posted by Attorney Jeremy Hayden
I’ve had this issue come up several times recently so a brief comment may be helpful. When transferring an interest in real property (i.e., into LLCs for liability purposes, or for family and estate planning purposes), be wary of taking the quick and easy solution of conveying by quit claim. Be sure to review your title policy, or speak with your title company to make that the transferee will be covered under the owner’s policy.
Posted by Fairfield Real Estate Attorney Jeremy Hayden
For those of you that may have obtained a civil money judgment (whether after a determination of your case on the merits or after an entry of judgment after default), you may have options to pursue the money to which you are entitled.
After providing the judgment debtor (the individual or entity against whom you’ve obtained the judgment) with proper notice, and after the required time passes, there are three primary methods people use to pursue the money that they’re owed:
(1) Bank Execution: The clerk will sign the execution (which can be filled out on the CT judicial branch website at http://www.jud2.ct.gov/webforms/) and return it to you. You will then need to get it in the hands of a state marshal who will go to various banks in the area to see if the debtor has any accounts with any non-exempt funds against which your judgment can be satisfied. Some marshals try more banks than others, so you may want to ask before deciding on one. Also note that the marshal is entitled to a statutory percentage for his services.
(2) Personal Property Execution: This is similar (at least procedurally) to a bank execution, except that the marshal will try to find the debtor’s non-exempt personal assets (as opposed to money) that can be used to satisfy your judgment.
(3) Wage Execution: Finally, you can apply with the clerk for a wage execution. Once signed, the marshal serves it on the debtor’s employer ordering the employer to make payments directly to the debtor or debtor’s representative. The amount withheld will be based on a statutory computation determined when the execution is served.
It’s important to note that if the marshal returns any of the above wholly or partially unsatisfied, you still have the other options available. Just know that the clerk will not issue an execution while one is outstanding. Finally, this list is not exhaustive, and depending on your situation, other options may be available.
Posted by Fairfield Lawyer – Jeremy Hayden
Thanks for taking the time to review our new blog. My goal is provide weekly updates discussing firm news, local events, legal developments, and helpful hints in specific areas of the law.
I’d like to start with some highlights on our recent case developments:
Within the past couple of weeks, we have successfully settled the following personal injury claims:
In a commercial collections matter involving a breach of contract for unpaid telecommunications equipment charges, Attorney Hayden recently commenced an action by serving a Danish company using the Hague Convention’s Rules on Jurisdiction and Foreign Judgments in Civil and Commercial Matters.
Finally, Attorney Gallagher and Leslie Bradshaw are drafting an appellate brief for an issue of first impression regarding the legality of pre-birth orders for non-genetic, intended parents.
Thanks for reading, and please check back periodically for updates.
Posted by Jeremy Hayden
Welcome to our new legal blog. The Law Firm of Victoria T. Ferrara is always looking for ways to help communities and individuals in Connecticut. We feel this blog will help accomplish that by providing useful information on Connecticut law, updates on community events, new and changing reproduction technology and GLBT matters.
