THE QUESTION: Someone is trying to push a frivolous lawsuit for personal injury against me on a default without me being served?

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THIS IS A LEGAL CAN OF WORMS!

Its a frivolous suit; that started out in 2015 with me doing a college friend with epilepsy a favor by loaning her money and resources so that she could for her landlord to payout on a code violation she was renting an apartment. I helped her. Then she me to deposit the check of 19k in my accounts so that she could keep the money off the SSA radar; she draws disability. When it was deposited it the bank held it for a long time becasue it was a 3rd party dep. She lost control and accused me of colluding with US bank to keep her money; it was crazy. She went from helpless to seething maniac. She took legal actions before most of the money had cleared. It was an oral agreement, that we split the check for the exchange. She basically tried to cut me out by suing for the whole amount (before the money cleared). When the judge was on the verge of dismissing the case she dismissed it her self; before he could. In 2017 she filed another arguably passed SOL and filed as pers. injury. I was never served and it is in pre default judgment post default entry. Published in a journal exclusive to subscribers that are only judges and lawyers I had no chance of knowing about it. WHAT DO I DO?

By: Leon D Bayer5.0 stars 55 reviewsAvvo Rating: 10 Debt Settlement Attorney in Los Angeles, CA

MY ANSWER:

You may have grounds to move the court for an order setting aside the default, allowing you time to respond to the complaint. If you go that route you must act fast.

You do not say if you ever gave her any of the money.

I don’t know if the money would have disqualified her from receiving SSA. Assuming it would have, the two of you conspired to defraud SSA. That is nothing to be proud of. Assuming it did not disqualify her, then keeping half of her money in exchange for you performing a simple banking accommodation sounds like you took unfair, possibly illegal advantage of a disabled person. It was not a “favor” to her because you were seeking an unjust gain. Again, not something for you to be proud of, and if the court believes that a crime has been committed, it is not unknown for a judge to refer a matter to the prosecuting authorities for investigation.

Another tangle is that courts will not enforce contracts that have as their purpose the commission of a crime. Relying on that, the court, (if you can get the default vacated) might dismiss the complaint. However, the courts will sometimes stretch as far as it can reach to prevent a manifest injustice. That could happen here to prevent you from keeping an unjust enrichment particularly where the other party is mentally impaired.

I think it would be wise for you settle this with her and get it out of the court system without any further delay.

Encino/San Fernando Valley Bankruptcy Lawyer – Since 1989 – Open Saturdays

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Free Parking On Saturday!

Bayer, Wishman & Leotta, Attorneys at Law Specializing in Bankruptcy 16055 Ventura Blvd, Suite 811.

Established 1989 – Call 800-477-3111

Jeff Wishman, Leon Bayer, Marcus Tiggs

Free Encino Bankruptcy Lawyer Visit on Saturdays!

Locations — Kevin Yu, AMFT

By Leon Bayer -October 17, 2017

SFV Valley Bankruptcy Lawyer Has Saturday Appointments

The Encino bankruptcy lawyer office of Bayer, Wishman & Leotta is located in the First Citizen Bank building, at 16055 Ventura Blvd, Suite 811, Encino, CA 91436. The building is on the North-east corner of Ventura and Woodley. (Other offices are located in Los Angeles, and Long Beach, CA.) Enter the parking garage from Woodley avenue.

See our Yelp Reviews.

Bayer, Wishman & Leotta was established in 1989. The firm handles all forms of debt relief. This includes debt negotiation, and Bankruptcy Chapters 7, 11, and 13 for people in the San Fernando Valley.

You can make a Saturday appointment at our Encino Bankruptcy lawyer office.

Northridge Bankruptcy

Getting an appointment is easy. Call us at (818)-997-8394 to make your free appointment.

Free consultations at our Encino bankruptcy lawyer office are normally held on Saturday mornings.

What does it cost to File bankruptcy?

Northridge bankruptcy attorney

We will consider your ability to pay. And don’t worry about what it costs to file bankruptcy. Fees will be quoted before you have to decide anything.

We have NO HIDDEN charges.

Fees at our Encino bankruptcy lawyer office are very affordable. Your fee will typically range from about $750 to $1500 for a chapter 7 bankruptcy case, depending on the situation.

There is also a $338 filing fee everyone must pay to the bankruptcy court. The fees may be more for the other types of bankruptcy and for debt negotiations. Fees will be quoted in advance during your free consultation. We will not recommend bankruptcy unless you need it.

Where is the Bankruptcy Court for Encino Bankruptcy Cases?

Northridge Bankruptcy

Your Encino bankruptcy case will be heard in the Woodland Hills Bankruptcy Court, located at 21041 Burbank Blvd, Woodland Hills, CA 91367. It makes sense to be represented by a lawyer with decades of experience in the Woodland Hills Bankruptcy Court.

Meet the lawyer you will see at our Encino Bankruptcy lawyer office.

Northridge Bankruptcy

The Partner in charge of our Encino bankruptcy office is Leon Bayer. Leon grew up in the San Fernando Valley. He attended college at CSUN, and law school in the San Fernando Valley. Leon handled his first San Fernando Valley bankruptcy case in 1980. He is a Certified Bankruptcy Specialist by the State Bar of California. Among other things, Leon is a frequent radio show guest. He is the author of numerous bankruptcy books offered on Amazon, and law articles.

Getting out of debt feels wonderful.

Northridge Bankruptcy

You’ll LOVE how it feels to be free of debt. We should know. Our bankruptcy office has handled about 15,000 bankruptcy cases. We estimate that our clients have discharged about one billion dollars of debt.

How to start?

Call us at (818)-977-8394 for a free appointment.

At Bayer, Wishman & Leotta we are passionate about bankruptcy law. We opened our first office in 1989, and have always been dedicated to to the goal of providing solutions for you that are dependable and affordable. Pictured to the left are Jeff Wishman, Leon Bayer, and Marcus Tiggs. Your consultation with us will be friendly, free, and completely confidential. 

Tags: Encino bankruptcy office, Encino bankruptcy, Encino bankruptcy attorney, Encino bankruptcy service.

Synopsis: People living in Encino, CA. and the San Fernando valley, (SFV) can depend on our Encino bankruptcy attorney office for free bankruptcy advice.  We are dedicated to the goal of providing solutions for you that are dependable and affordable. We handle bankruptcy and debt negotiation. Our fees are flexible and we consider a client’s ability to pay a lawyer.

Notice regarding the ARTWORK presented on this page:

This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.

This entire website is subject to the copyright of Bayer, Wishman & Leotta 2017-2021. All rights reserved.

Tags: Valley Bankruptcy Lawyer, Encino Bankruptcy Lawyer, San Fernando Valley Bankruptcy Lawyer, Saturday Bankruptcy Lawyer, Bankruptcy Lawyer

Survival for Small Businesses in the Age of Covid and Rising Minimum Wages

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Survival for Small Businesses
By: Jeffrey Wishman, Attorney at Law

The incoming Biden administration has announced that it wants the Federal minimum wage to be increased by to $15.00 per hour. Covid restrictions are still in place, which already hurts small businesses. We predict that raising the minimum wage may be the final straw that will kill off many businesses that already are struggling. Forbes magazine predicted the death of 50% of existing small retail businesses if further government mandates are imposed. And now, along comes a raise in labor costs.

Who else gets hurt by small business failures?

This is a challenging time for small enterprises, to say the least. Covid restrictions and government mandated employee benefits are expected to force many small enterprises to close forever.

We can predict that many hourly employees will be laid off to reduce payroll costs of employers. And the survival struggle will work its way thru the entire business food chain. It is certain to affect the health and payrolls of all companies that provide the services and products needed by small businesses.

Even landlords can be adversely affected. When small commercial tenants can’t pay rent, landlords will have to struggle. Landlords rely on rents to pay their mortgages and property taxes. This may eventually jeopardize the banks which hold those mortgages.

Small businesses have do what they always do to survive in troubled times.

The survival tactics for small businesses may include some or all of the following strategies:

  1. Business hours may have to be be reduced. Small operators may adjust their hours of operation. They may opt to stay open during profitable peak hours. And they close during slower hours as a way of cutting payroll. (However, many businesses that operate in malls and shopping centers are bound by strict lease restrictions. Typical mall leases require stores to remain open for certain hours of the day no matter what.)
  2. A business may be forced to reduce payroll by laying off employees. Owners will try to hang on to as many of their best employees as possible. Workers who are viewed as not the very best will face termination.
  3. Reduce retail store inventories without reordering new stock. There will be little reason to reorder and restock merchandise that is slow moving. Overall inventory reduction can free up fresh cash.
  4. Cut back on advertising. That may sound counter intuitive, especially for a business that is struggling to survive. But everything that can staunch the hemorrhage of outgoing cash has to be considered. (Why advertise a restaurant when the government won’t let you have customers who can come in to eat and drink? Surprisingly, I still see restaurant ads in Los angeles where I practice law.)
  5. Reduction of the owner’s compensation, and increasing the number of hours that the owners are working on the premises. Owners will have to work more hours. They will also need to perform menial labor to take up the slack left by staff reductions.
  6. Have unpaid family members help out at the business to take the place of laid off workers.

We hope these suggestions will provide practical suggestions. And, owners should at least consider the options and benefits of bankruptcy. Bankruptcy is often filed to protect a business and allow it to reorganize debts and reschedule debt payments. The lawyers of Bayer, Wishman & Leotta are Los Angeles bankruptcy attorneys. The firm was started in 1989.

Los Angeles Bankruptcy Lawyer
The author Jeffrey Wishman is a bankruptcy specialist in Los Angeles and a partner in the Los Angeles Bankruptcy office of Bayer, Wishman & Leotta. The office provides free bankruptcy consultations, and handles bankruptcy matters, only.

Related small Business Topics:

Buying or Starting a Business.

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Small business mistakes

Mistakes that Turn Your Dream Into a Nightmare.

Will your new business sink or swim? New businesses have a horrible death rate. There are certain start up mistakes when you buy or open a business than can be fatal to success.

Among the very worst start up mistakes when you buy or open a business are under capitalization, inexperience, and paying too much for an existing business.

start up mistakes when you buy or open a business

Inadequate capitalization means that you don’t start out with enough money. It is a classic cause of business failure. Especially in new businesses. Here’s why. Start up costs frequently exceed your most liberal projections. The maze of business regulations and the necessary building and safety permits are a nightmare. The more you didn’t know about, the longer it takes to get your doors open. Meanwhile, you are paying rent for business space that you can’t use.

Don’t rush into any transaction without a great deal of investigation with the assistance of a CPA and a lawyer.

Many people get badly screwed when they buy a business. Your life savings is at risk.

People will often put more time and effort into buying a used car than they put into buying a million dollar business.

Here is one big tip: Many business sellers will defraud you about the profitability of the business income. It’s an old scam.

Here is how they do it. The seller of a retail business such as a restaurant claims he has two sets of books. Here is the bait: The seller tells you there is significant cash income that goes unreported. If you don’t mind a little cheating on your taxes, your ears perk up! The unreported income is not on the books, naturally.

But the seller is asking for a price based on the “unreported” income. If you are a buyer, don’t walk away from that deal. Run from it. Run as fast as you can.

Surprise! You’ve been had, and royally screwed, and nothing you can do about it.

After you take over that business, you find that the big cash income was a all a lie. You are screwed, and you paid way too much for what was probably a failing business. There’s not much you can do about it.

You can’t very well sue because there is no proof of the lies. The “double set of books” never existed and naturally never mentioned in the sales agreement. And there are no witnesses. If you try to sue the for fraud, what are you going to say in court? “He cheated me because I relied on his false representations about how much tax cheating I would get away with?” Of course not. That won’t work and you will be laughed out of court. You can’t get anywhere with a story like that.

Opening a business – Anatomy of a sad restaurant failure.

Small business mistakesHere’s a case in point, concerning restaurant failures. I have a friend who owned a small family style Los Angeles restaurant. After a number of years, his lease expired. The landlord would not renew it without a huge rent increase.  

My friend decided to move. He leased space in a shopping center. The space he took had never been a restaurant. He was an experienced
restaurant operator, or so he thought. But many new building codes and regulations had taken effect since the last time he opened a restaurant.

Everything at his original restaurant had been “grandfathered” in because he bought it as a going concern. But the new space was a raw build out. Nothing was “grandfathered.”

He was shocked to find some expensive things he never knew. First, his new space required expensive plumbing modifications he was unfamiliar with. That cost an extra $25,000.  

Then there were ADA disabled persons compliance and other improvements that he had not expected. That made the cost of bathroom remodeling jump by $20,000.

He ran out of money before he ever got the doors open. And, all the extra time caused by the delays meant his doors stayed closed much longer than he expected. Also, he had investors, “silent partners” who trusted him. The investors were were a group of loyal customers from the old location who believed in him and agreed to back him.

Needless to say, the silent partners were furious over the mistakes and mismanagement.  But he finally got it open. To do so he used up every last cent of his own available credit. Even his kid’s college savings account got tapped to buy last minute supplies. Finally, he was open, but had no cash left.

His business debts piled up beginning the day he opened. Suppliers were never paid on time.  Then they cut off his credit and put him on COD. Even sales taxes and payroll taxes were ignored. He stopped paying rent. There just was no money.

The financial strains ruined his marriage. His wife left and filed for divorce. He was sued by the landlord for back rent. Naturally, the restaurant got shut down.

So, you want to buy a business? Here’s a few things you better know. 

small business mistakesExperience counts. You are asking for trouble if you start or buy a business without significant experience. If you buy a business, don’t assume that the old owner can teach you everything there is to know.

Many business sellers will actually lie to you about their business income. It’s an old scam. The seller of a retail business, such as a restaurant or retail store whispers into your ear that he has two sets of books. The seller tells you there is significant cash income that goes unreported. Naturally, the unreported income is not on the books. But the seller is asking a price based on the “unreported” income.

If you are a buyer, don’t walk away from that deal. Run from it. Run as fast as you can. Ordinarily, the buyer will have legal recourse against a seller who commits fraud by overstating the income.  But if you are that buyer, are you REALLY going to sue because they buyer misrepresented the amount of taxes that you can evade? Your lawsuit won’t go very far.

What to do if your business is already in trouble.

Bankruptcy may save a small business on the verge of closing. Even if the business can’t be salvaged, personal bankruptcy may give you a fresh start to get you back on your feet. You won’t go very far in life saddled with old debts. Bankruptcy can sometimes allow a small business to eliminate debts. It can also allow a business to reschedule secured debts and delinquent taxes. Most bankruptcy lawyers will give you a free consultation. Do your homework. Find one or more lawyers to consult who have many years of experience. The accompanying short video lets you hear the normal questions and answers that usually are discussed during an initial bankruptcy consultation. The video features Jeffrey Wishman, a Los Angeles bankruptcy lawyer with 33 years of experience.

Spotlight: Worst small business mistakes include under capitalization, inexperience, and paying too much for an existing business. Anatomy of a restaurant failure.

Small Business Mistakes by Startups

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small business mistakes

There are many challenges caused by avoidable small business mistakes. Your life savings is at stake. You must know what you are getting into.

Among the very worst small business mistakes made when you buy or open a business are under capitalization, inexperience, and paying too much for an existing business.

Small Business Mistakes

First, there is inadequate capitalization. That means that you don’t start out with enough money. It is a classic cause of business failure. It is especially common to find undercapitalization when dissecting the reasons for the failure of a new businesses.

Here’s what leads to many small business mistakes. Start up costs frequently exceed your most liberal projections. The maze of business regulations and the necessary building and safety permits are an expensive and oppressive nightmare. The more you didn’t know about, the longer it takes to get your doors open. Meanwhile, you are paying rent for business space that you can’t use.

Don’t rush into any transaction without a great deal of investigation with the assistance of a CPA and a lawyer.

Many people get badly screwed when they buy a business. Your life savings is at risk.

People will often put more time and effort into buying a used car than they put into buying a million dollar business.

Here is one big tip: Many business sellers will defraud you about the profitability of the business income. It’s an old scam.

And here is how they do it. The seller of a retail business such as a restaurant claims he has two sets of books. This is the bait: The seller tells you there is significant cash income that goes unreported. If you don’t mind a little cheating on your taxes, your ears perk up! The unreported income is not on the books, naturally.

But the seller is asking for a price based on the “unreported” income. If you are a buyer, don’t walk away from that deal. Run from it. Run as fast as you can.

Surprise! You’ve been had, and royally screwed, and nothing you can do about it.

After you take over that business, you find that the big cash income was a all a lie. You are screwed, and you paid way too much for what was probably a failing business. There’s not much you can do about it.

You can’t very well sue because there is no proof of the lies. The “double set of books” never existed and naturally never mentioned in the sales agreement. And there are no witnesses. If you try to sue the for fraud, what are you going to say in court? “He cheated me because I relied on his false representations about how much tax cheating I would get away with?” Of course not. That won’t work and you will be laughed out of court. You can’t get anywhere with a story like that.

Opening a business – Lessons learned from the anatomy of a sad restaurant failure.

Small business mistakes

Here’s a case in point, concerning restaurant failures. I have a friend who owned a small family style Los Angeles restaurant. After a number of years, his lease expired. The landlord would not renew it without a huge rent increase.  

My friend decided to move. He leased space in a shopping center. The space had never been a restaurant.

He was an experienced restaurant operator, or so he thought. But his experience did not immunize him from making some of the classic small business mistakes that newbies often make.

Many new building codes and regulations had taken effect since the last time he opened a restaurant. According to a survey, the median cost to open a restaurant is $275,000 or $3,046 per seat.

Everything at his original restaurant had been “grandfathered” in because he bought it as a going concern. But the new space was a raw build out. Nothing was “grandfathered.”

He was shocked to find some expensive lessons waiting to sink him. First, his new space required expensive plumbing modifications. He was not expecting that. It cost him an extra $25,000 that was badly needed for other improvements.  

Then there were ADA disabled persons compliance and other improvements that he had not expected. That made the cost of bathroom remodeling jump by $20,000.

The poor guy ran out of money before he ever got the doors open.

He finally opened the restaurant. But he could not recover from the small business errors he made before opening. Those business mistakes left him with no operating capital. And, he started out in debt to all his suppliers. Making payroll was a struggle from day one. And, all the delays in opening meant he was paying rent on space that was no earning money. Also, he had investors, “silent partners” who trusted him. The investors were were a group of loyal customers from the old location who believed in him and agreed to back him.

Needless to say, the silent partners were furious over the mistakes and mismanagement.  He was supposed to an expert restaurateur! But he finally got it open. Opening used up every last cent of his own available credit. Even his kid’s college savings account got tapped to buy last minute supplies. Finally, he was open, but had no cash left and he was already in the hole.

The poor guy could never climb out of the hole caused by his own small business errors.

His business debts piled up beginning the day he opened. Suppliers were never paid on time.  Then they cut off his credit and put him on COD. Even sales taxes and payroll taxes were ignored. He stopped paying rent. There just was no money.

The financial strains ruined his marriage. His wife left and filed for divorce. He was sued by the landlord for back rent. Naturally, the restaurant got shut down.

So, you want to buy a business? Here’s a few things you better know to avoid gruesome small business mistakes. 

small business mistakes

Experience counts. You are asking for trouble if you start or buy a business without significant experience in the kind of business that you want to own. If you buy a business, don’t assume that the old owner can teach you everything there is to know.

Many business sellers will actually lie to you about their business income. It’s an old scam.

The seller of a retail business, such as a restaurant or retail store whispers into your ear that he has two sets of books. The seller tells you there is significant cash income that goes unreported. Naturally, the unreported income is not on the books. But the seller is asking a price based on the “unreported” income.

If you are a buyer, don’t walk away from that deal. Run from it. Run as fast as you can. Ordinarily, the buyer will have legal recourse against a seller who commits fraud by overstating the income.  But if you are that buyer, are you REALLY going to sue because they buyer misrepresented the amount of taxes that you can evade? Your lawsuit won’t go very far.

What to do if small business mistakes have already put you in dangerous trouble.

Bankruptcy may reverse the small business mistakes that are bringing you to the verge of closing. Even if the business can’t be salvaged, personal bankruptcy may give you a fresh start to get you bac