Top Answers to Civil Law Questions
Q. Can you help with the formation of any type of business?
A. Yes we can and have helped to establish a diverse range of businesses including contracting companies, service providers, retail businesses, healthcare clinics and even car dealerships.
Q. In what different ways can you help with the formation of a small business?
A. As a small business attorney in Houston we have helped countless clients get started in the right direction. We achieve this by first providing guidance selecting the type of entity that is best for their particular situation. It may be a sole proprietorship, partnership, limited liability corp. (LLC) or corporation. After that we handle the formation process by drafting all certificates and articles required, review buy and sell agreements, review any rental and leasing agreements and file their venture with the Secretary of State. We get them moving in the right direction from the inception.
Q. Will you represent the small business after they have gotten started?
A. Of course. We are there for all of our clients for any legal matters including business litigation. A business law suit can suddenly materialize and can pose the risk in some cases of losing the business. You can be insured for anything but you are never insured for everything. Premises liability, wrongful termination, breach of contract, sexual harassment, are only a few areas where a small business may get sued and not always rightfully. We are there to vehemently defend those suits. We are also there for drafting non-compete employment agreements, helping with commercial debt collection, defending deceptive trade practices and settling financial disputes internally and commercially. Our services continue far beyond there..
Q. Is filing personal bankruptcy the right move.
A. If you have thousands of dollars in medical, credit card and other secured debt and are struggling or fallen behind with payments, bankruptcy may be the best path to choose. You credit is most likely already ruined and to pay off those debts will take years. By that time your credit will have suffered even more. With bankruptcy you can start almost immediately rebuilding your credit buy using secured credit cards with the money you will be able to bank instead of paying those minimum payments every month.
Q. Will those collection people stop calling?
A. Yes, The calls will stop immediately after filing.
Q. Which is better: Chapter 7 or Chapter 13?
A. By filing Chapter 7 all of your unsecured debt like credit cards and medical bills will be eliminated. You will be able to keep your home, car and other items necessary for living providing there is less equity in the home and car than the exemptions permit. You will be required to take a credit education class. Certain debts are not included in the plan such as child support, school loans, secured mortgages and car payments, some taxes and others.
With Chapter 13 your debts are consolidated and paid in installments through a trustee generally over 3 to 5 years. The amount is determined by a means test based on disposable income. You can keep all property, secured or unsecured. You are immediately protected against all collections and garnishments. Unlike chapter 7 which can only be filed again after eight years, Chapter 13 may be filed at any time. You may even file Chapter 13 after Chapter 7. Non dischargeable debts like taxes can be paid over a longer period of time. Our bankruptcy attorneys are experts in determining the best solution for everyone. Stock and commodity brokers may not file a Chapter 13 plan.
Q. Can you help with delinquent invoice payments?
A. We are highly experienced Houston commercial debt collection attorneys. We gather the facts and do what is necessary to compel debtors into paying through organization of outstanding invoices and drafting letters of collection that get results. Every outstanding debt is analyzed for the cost effectiveness of collection, protecting the client from legal fees that exceed the return.
Q. Can your law firm help a construction company to operate efficiently?
A. We are an experienced Houston construction law attorney. We have helped many contractors and developers by providing legal guidance in every stage of a project from conception to completion. We are here to help with commercial and residential sales and purchases, site assessment, construction agreements and building improvements and additions. We also handle construction liens, litigations and defects.
Q. What about business contracts? Is that an primary area of practice?
A. Absolutely. Our legal team handles all types of contractual situations such as breach of contract, breach of partnership agreements, covenants to not compete, contractor disputes :including failure to perform, commercial real estate, lease, purchase and finance disputes: and many more.
Q. Can your law firm handle a difficult divorce?
A. Our divorce attorneys understand through years of experience how difficult and stressful divorce can be, to not only the couple, but the children and even families and friends. It is a lifestyle upheaval where the divorcee is single again, has less money and even loses some friends in many instances. The children can be affected adversely for life. Our attorneys try hard to reach amicable settlements in the best interest of the children and the parents. No one wants to see a bitter drawn out divorce battle in court and our attorneys are no exception. However, we will fight tenaciously to get what is fair for our client.
Q. Are you an experienced Houston employment attorney?
A. We have over 25 years of successfully handling all types of employment and labor related cases for our clients. There cases included but were not limited to:
- Wage and hour disputes
- Employee contracts including non-compete clauses
- Discrimination suits
- Texas Workforce Commission issues
- Sexual harassment claims
- Sarbanes – Oxley Act cases
For workers we handle cases including wage disputes, unemployment benefits filing complaints with government agencies, wrongful termination and whistleblower cases.
Q. Can you help with real estate transactions?
A. Yes. We are a full service Houston real estate attorney that represents clients in all aspects of real estate.
As your law firm we are available to help you in every possible way regarding commercial and personal legal issues.
If you have any questions regarding any of our areas of practice reach out to us at the Law Office of Mark M. Sanders at 291-531-9802.