Amerilawyer – AmeriLawyer – Incorporate, Trademark & Asset Protection

Understanding How To Write Or Respond To A Demand Letter

February 29, 2016 Spiegel & Utrera, P.A.

What is a Demand letter? A letter of demand is sent to a person or organization who owes you money (a debtor) following your sale to them of goods or services. The letter advises the debtor of the amount outstanding and threatens court action to recover the debt if it is not paid within a certain time.

Why send a Demand Letter? A letter of demand serves two primary purposes. First, it warns the debtor of your intention to commence legal proceedings unless payment is made and gives the debtor one more opportunity to pay. Secondly, the letter is a document which may be tendered in evidence during court proceedings as written proof of your claim of the debt owed and your attempt to settle the matter. Other reasons include:

It can be legally required prior to litigation.
It best preserves your remedies for charging interest. It may qualify you for extra. remedies such as statutory penalties and attorney fees.

Copies of any relevant documents such as contracts, letters of agreement, invoices, etc, should be listed and attached to the letter of demand to assist the debtor to identify the transaction and his liability to pay. It is advisable to send the letter of demand by registered post or fax to confirm receipt. You’d be surprised how often a demand letter from a lawyer can work without you having to go to court.

How do you Respond to a Demand Letter?

Do not ignore a letter of demand from a creditor or debt collection agency for monies owing.
Carefully check the letter for any matters that are unclear.
Seek legal advice from one of our attorneys if the claim is disputed.
If you do not dispute the claim, contact one of our attorneys to contact the creditor and attempt to negotiate settlement of the matter.

If you are a member of Spiegel & Utrera, P.A.’s General Counsel Club and have questions about Writing or Responding to a Demand Letter, call (800) 734-9900 or clubassist@amerilawyer.com for assistance. Remember, as a member of the General Counsel Club, you receive unlimited legal, business, credit and tax advice all year long.

Spiegel & Utrera, P.A. is a corporate law firm with its main offices located in Miami, Florida with offices throughout the United States. As a law firm, we do more than just help you form your business entity. We stand ready to help with the maintenance of your legal business entity! We will assist you with Incorporation Service, Trademarks, Copyrights, Estate Planning, Legal Counsel, Wills, Trusts, Agreements & Leases, Corporate & Company Changes.

Taxing Severance Pay

February 15, 2016 Spiegel & Utrera, P.A.

Many employers have typically interpreted their FICA (Federal Insurance Contributions Act) obligations (i.e., Social Security and Medicare) to extend to severance pay based on the IRS treating severance pay as wages, but that may change. Employers making severance payments may be entitled to a refund if the employers withheld FICA.

This year, the U.S. Supreme Court will hear a case regarding whether severance payments should or should not be subject to FICA. In the pending case, the lower court ordered that the IRS give a full refund of $1,000,125 to the employer. The lower court found that payments the employer made to employees who were involuntarily terminated due to business cessation were considered supplement unemployment compensation benefits (SUB payments) that are not taxable wages under FICA.

A ruling in favor of the employer would lower costs for employers. Employers would no longer be required to make FICA contributions on severance payments. Additionally, employers may be entitled to a refund on previous severance payments. Accordingly, employers should consider filing protective refund claims so that they can keep the statute of limitations on refund claims open pending review of the above mentioned case by the U.S. Supreme Court. Employees may also file claims for refunds.

If you are a member of Spiegel & Utrera, P.A.’s General Counsel Club and have questions about Taxing Severance Pay or Filing Protective Refund Claims, call (800) 734-9900 orclubassist@amerilawyer.com for assistance. Remember, as a member of the General Counsel Club, you receive unlimited legal, business, credit and tax advice all year long.

Spiegel & Utrera, P.A. is a corporate law firm with its main offices located in Miami, Florida with offices throughout the United States. As a law firm, we do more than just help you form your business entity. We stand ready to help with the maintenance of your legal business entity! We will assist you withIncorporation Service, Trademarks, Copyrights, Estate Planning, Legal Counsel, Wills, Trusts, Agreements & Leases, Corporate & Company Changes.

Building In Financial Forecasts For Your Business Plan

July 7, 2015 Spiegel & Utrera, P.A.

To attract investors and build a line of credit you need to project business finances!

Essentially, you must make educated guesses about how much money will be spent and how much will be taken in. Then you can use these estimates to calculate whether your business will be sufficiently profitable to sustain a bottom line. Usually a business will start off operating lean until you start building a customer base. If your projections show your business losing money initially, then you must consider raising prices or cutting costs while still in the planning stage. This can help you avoid sinking money into a business that cannot be profitable. On the other hand, if your business model shows profitability, then you can start to invest more and build your enterprise.

Understanding projected financial situation through estimates and calculations.

Start off with a break-even analysis by estimating income and expenses over the first year. In theory you should be able to turn a profit by the end of the first year. If not, then you must reconsider the business model. After determining the business can turn a profit, then turn to a month-by-month projection of your business’s net profits for the first year. Keep in mind that some businesses will be more or less profitable during certain months due to seasonal turnover. Finally, determine a start-up cost estimate. These costs should be included in your business plan to give a true picture of how much money you will need to get off the ground.

To understand how financial forecasts affect your business plan, speak to one of our attorneys by calling 800-743-9900 or visit our website www.AmeriLawyer.com today!

Protect Your Business Name And Logo

July 2, 2015 Spiegel & Utrera, P.A.

With the U.S. Trademark Office receiving over 450,000 applications last year, the agency responsible for helping businesses protect their intellectual property has revamped its structure to better streamline the volume of work and more efficiently process applications. As of January 17, 2015, the Trademark Office has reduced its filing fees in hopes of saving entrepreneurs and small business owners over $5 million in trademark fees in the next year.

Fees for filing a trademark are now $275 per class of registration, down from $325. As part of the reduced fees, applicants must agree to communicate with the reviewing office via e-mail. Communication includes all responses and other specified documents that are routinely part of the trademark review and prosecution process.

The Trademark Office will also now be sending courtesy reminder notifications to trademark owners for their required renewal applications. Previously, trademark owners were responsible for keeping track of their renewals on their own. Now, owners who authorize e-mail communication will receive notifications and the option to file their renewals online. Fees for renewal applications will also be reduced from $400 to $300.

If you are a member of Spiegel & Utrera, P.A.’s General Counsel Club and have trademark related questions, call (800) 734-9900 or clubassist@amerilawyer.com for assistance. Remember, as a member of the General Counsel Club, you receive unlimited legal, business, credit and tax advice all year long.

Are Written Contracts Enforceable

April 15, 2015 Spiegel & Utrera, P.A.

In large part, the terms of a written agreement between parties are the sole item considered when interpreting the items of an agreement upon a dispute between parties. The “parole evidence rule” is a common law principle which bars factors outside a written agreement to contradict the terms of a written contract except in cases of fraud, illegality, duress, or in some cases mistakes and ambiguity the written agreement. Oral promises made before or when a written agreement are entered that contradict a written agreement, cannot be considered when a dispute arises under common law principles.

However, a recent court decision has changed this basic rule when it reversed long-standing precedent by holding that evidence of broken oral promises that contradict the express terms of a written contract are no longer barred by the parole evidence rule.

Visit our website for more information and to make sure your interests are protected!

AmeriLawyer Has Served Over 265,000 Clients

March 5, 2015 Spiegel & Utrera, P.A.

Spiegel & Utrera, P.A. has been in business for 20 years because of it’s professional service and value pricing and has over 265,000 satisfied clients. Our lawyers are qualified and highly experienced in Forming Corporations, Limited Liability Company and Sub Chapter S Corporations.

If you have any questions about our service and what we can do for you, don’t hesitate to call us at 800-603-3900, fax us at (305) 857-3700 or send a letter to P.O. Box 450605, Miami, FL 3324

Our prices are the lowest in the industry and we guarantee a top rated service. Make sure to visit our website today for more details!

www.AmeriLawyer.com

Browse our client testimonials for your Amerilawyer Reviews!

Types of Power of Attorney

February 25, 2015 Spiegel & Utrera, P.A.

Power of Attorney is a written document in which one person, the principal, appoints another person or people, the agent or attorney-in-fact, to legally act on his or her behalf. Most POA’s are “durable”, which means they remain active after you become incapacitated. All POA’s are revocable at any time, unless stated otherwise. All expire upon your death. Power of Attorney requirements vary by state.

Limited Power of Attorney. Someone acts for you in specific situations. You can limit the time frame or scope of that responsibility, say, signing documents while you are out of the country or only trading stocks. This type of POA expires when the stated event occurs, you revoke it, or when you die. You can’t grant power of attorney for certain matters, including to create or make a will, to serve jail time or to vote.
General Power of Attorney. This grants broad authority to your agent. If you draft it to be durable, or if your state presumes it to be durable, it continues even after doctors deem you to be mentally incapacitated. It usually relates to financial matters. Your agent can sign transactions for you and make decisions about your affairs, including those related to banking and investing; managing, buying and selling property; filing income taxes; giving monetary gifts; changing your living situation; and hiring people to care for you.

That POA is intended to be used only if you no longer want to manage your affairs or can no longer do so. You might feel safer drafting your POA to trigger, or spring, your incapacity, but your agent is more likely to get cooperation from banks and brokerages if it’s drafted to be made effective immediately.

Health Care Power of Attorney. Some states permit you to grant a power of attorney for medical decisions on your behalf. Others instead allow you to designate an agent or “health care proxy” for that purpose.

Our goal is to provide each of our clients with as much information as possible about types of Power of Attorney. Many legal aspects may be complex and confusing. We want you to know we are available to speak with you. If your affairs are complicated or if you are unsure, a consultation with Spiegel & Utrera, P.A. is recommended. We have taken the time to develop easy to understand kits which enable you to obtain these important legal documents for a fraction of what a visit to a lawyer’s office would cost for the same services.

Click HERE for more information and to make sure your interests are protected.

Protect Your Business With An Employment Agreement

February 19, 2015 Spiegel & Utrera, P.A.

A recent state court decision continues to allow employers to include a waiver of class action lawsuits by employees within the employment arbitration agreement. The court reaffirmed the idea that class action lawsuits are procedural, the purpose being to ease the burden on the court when a large groups seeks to sue another party, and not a substantive right, such as life and liberty as protected by the Constitution.

The court also rejected the idea that this waiver violates employee rights to engage in collective bargaining. In whole, the court’s decision makes for greater enforceability of arbitration clauses within employment agreement between your business and your employees and greater protection for the investment you have made into your business through the protection of an employment agreement.

Allow Spiegel & Utrera, P.A. to prepare an Employment Agreement that will help you protect your business. Visit our website today for more information and to make sure your interests are protected.

Make Sure Online Customers Are Safe

February 17, 2015 Spiegel & Utrera, P.A.

Small businesses are more vulnerable to attack; sell your customers on the idea that your site is safe.

Getting a secure badge is one way to reassure newcomers that your website is “trusted.” For example, a seal from McAfee Secure or Google Trusted Store will show that your site meets certain safety criteria. Also, let your clients know about ongoing measures you are taking to improve security such as training staff to guard against vulnerabilities.

Looking polished will give your customers a broader sense of security. The key to having a professional website is a proper privacy in place. The goal of a privacy policy is to disclose all the ways your website will respect the dignity of the user’s privacy. It will also maintain a high level of community trust.

To better understand how your website will benefit from a privacy policy visit Amerilawyer.com for more information and to make sure your interests are protected.

“Understanding Your Business Is Our Business”

The Home Office Deduction

February 13, 2015 Spiegel & Utrera, P.A.

Avoiding unnecessary tax liability involves understanding many of the business-related deductions the IRS offers entrepreneurs. If you run your business from your home, you may be entitled to a home office deduction on the square footage of your home being used exclusively for your business. The

“exclusivity” test is taken very seriously by IRS auditors. The section of your home that you claim is used for business must be partitioned in some way and personal-use either by you or other members of your family must be nominal (according to IRS, allowing your son to do his homework in your home office is enough to disqualify the deduction).

The second requirement is that the home office must be used as a principal place of business. The office must be used regularly (and exclusively for business) or it must be an area that is used primarily for meeting with clients. This does not mean, however that if you use an outside office from time-to-time you are disqualified from the home office deduction. So long as the office is used to complete substantial administrative or managerial tasks for the business, the second requirement will be met.

The ultimate payoff is that a number of direct and indirect expenses that would otherwise be personal, nondeductible expenses can be converted to business write-offs and consequently lower your overall tax bill (this includes the cost of phones or internet service, the cost of repairing the office, a certain percentage of utilities, insurance, taxes and much more). A well-drafted Home Office Lease between your corporation or LLC and yourself would be a great place to start.

Visit our website for more information and to make sure your interests are protected.

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