All branches of the Armed Forces have statutorily created boards which review service members records, upon application, for errors, injustice or omission and correct these where the applicant reaches a certain standard. These changes can run from the routine, such as obtaining orders for an earned awards or more substantive issues such as correcting points used to calculate military retirement pay. The service member does not have to be on active duty and may apply for correction after discharge from the armed forces. Small changes can have dramatic effects on calculating pay and entitlement. However these claims must be brought within a limited period of time so the service member must be prompt in bringing such claims. Although the application process is not complex, supporting the application with citation to applicable regulations and legal standards is sometimes out of the reach of applicants without a legal background. Attorney David Daul is also a JAG officer in the Army Reserve and has many years of experience with legal military matters. You should consider consulting with Attorney Daul if you believe you have records that should be corrected by one of the military boards of correction for military records.
Wisconsin small claims court have a limit on claims up to $10,000.00. Some types of claims are limited to $5,000.00. Often times however the legal process can be very difficult to navigate with confusing rules for service of process, legal procedure and evidence. Small claims cases are varied, encompassing everything from breach of contract to repossession to disputes involving the return of property. Being unrepresented in these cases can present serious disadvantages to the parties involved in the dispute. Consider retaining the assistance of a legal practitioner that routinely practices in Brown County Small Claims court. Call Attorney David Daul today for a free legal consultation (920)437-8191.
Persons entrust financial advisers to make wise decisions in the handling of their money. Many times the investments perform poorly or lose money.
INVESTOR LIABILITY IN WISCONSIN
So long as the investor applied competent techniques in analyzing the investment and advised his or her client appropriately, there is generally no liability to the investor or the financial institution that employs him/her. But in some cases investors make blatant mistakes that are not attributable to fluxuations in the stock market. For instance, investors may take actions that create unwarranted tax liability for their clients, or make decisions based on what commissions they can generate for themselves rather than decisions that benefit their clients. In such cases, persons suffering from the situations do have recourse.
Generally there is an agreement in place that the parties agree NOT to go to court but instead agree to arbitrate the matter through the Financial Institution Regulatory Authority (FINRA). FINRA requires the aggrieved investor or financial adviser to file a complaint and then appoints an impartial third party to arbitrate the matter and function much the same way a judge would operate.
There is also an opportunity to mediate the matter. However the process is complex. A person not represented by experienced legal counsel would be at a big disadvantage against the financial institution that is denying they have any responsibility to fix the problem that it’s financial advisers created.
CONTACT A LOCAL ATTORNEY
If you have such a situation in the Green Bay Wisconsin area, you should contact Attorney David Daul of Wanezek, Jaekels, Daul & Babcock, S.C., for further consultation. He is an attorney experienced in this area of the law. Call (920)437-8191, or contact him online today. The experienced attorneys and staff at our local law firm are ready, willing and able to assist you.
A Disadvantaged Business Enterprise (DBE) is a for profit, small business concern that is at least 51% owned by one or more individuals who are both socially and economically disadvantaged and, whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it.
FORMING A DBE
Forming a DBE can have many advantages to small business where the criteria for a DBE are met. For instance, a DBE may be eligible to secure certain types of government and other types of contracts, or be given preference in securing those contracts because of the DBE status. However, DBE certification, as handled by each State wherein the DBE is doing business, requires certain eligibility for certification.
There are various factors which must be addressed from the very beginning when establishing a DBE. If you are in the Green Bay area and interested in establishing a DBE, you should consult with an attorney experienced in this area to determine whether or not you meet the criteria and, if so, what needs to be done to establish the paperwork and official filings to establish the DBE.
CONSULT GREEN BAY BUSINESS ATTORNEYS
The attorneys at the Green Bay law firm of Wanazek & Jaekels, S.C., are experienced in business matters. Contact Attorney David Daul [email protected] or by telephone at 920-437-8191 for further consultations on whether or not a DBE is the right business entity for you.
The lawyers at Wanezek & Jaekels, S.C., can also help with your business partnership, corporation, or limited liability company (LLC).
You may be in the Green Bay, Wisconsin area and interested in starting an organization involved primarily in educational, scientific, religious or other charitable endeavors. In this case, you may want to consider establishing a non-profit corporation. A non-profit corporation provides the same liability protections and tax advantages that are associated with standard corporate organizations and establish legal protections to protect you and your Directors’ personal assets.
PROS & CONS OF NON-PROFIT CORPORATIONS
Non-profit corporations enjoy some special advantages. Pursuant to their status, non-profits are eligible to receive, Federal, State and Foundation grant monies and other favorable treatment.
However, there are some disadvantages in forming a non-profit organization. There is an increased burden of paperwork and corporate formality to be followed when establishing a non-profit as opposed to other business forms, such as a limited liability company. If such formalities are not followed, then the fundamental advantage that one gains from establishing a non-profit (limited liability) may not be available to the organizers and the Directors in the event that a lawsuit is commenced.
If you are interested in consulting with an attorney to determine whether a non-profit corporation is appropriate for your organization; and for assistance in preparing the extensive paperwork and filings needed, please contact Attorney David Daul at the law firm of Wanezek & Jaekels, S.C.,[email protected] or by telephone at 920-437-8191.
One of the many legal issues that emerge when a business is organized, is what form of business corporation to elect.
BUSINESS ORGANIZATION AND CREATION
In Wisconsin, there are several forms available. The forms primarily applicable are the incorporation, the S corporation, and the limited liability corporation (“LLC”). Often times, upon consultation with others, a new business will select a business form that is inappropriate. In the case of most small businesses, an LLC is perfectly adequate; however, there may be advantages to selecting an S corporation or incorporation as well.
S CORPORATIONS V LLCS
A new business owner may focus on tax advantages that may be obtained from selecting some types of business organization, such as the S corporation. However, it is possible that in selecting the S corporation the business owner/organizer fails to understand that with the S corporation comes a significant requirement to follow certain corporate formalities. These formalities include having an annual meeting with an agenda and minutes, keeping by-laws, and appointing corporate officers. Though these tasks are relatively minor, if over the course of several years they are not observed, Wisconsin law holds that a company that fails to follow corporate formalities may lose the benefit entirely of limited liability that comes with a corporation. On the other hand, the LLC has much reduced requirements for corporations; however, it may be an exact fit for the corporation’s needs as to some other issues such as taxation.
OUR ATTORNEYS CAN HELP SET UP YOUR BUSINESS
Consultation with an attorney and a competent accountant is absolutely vital when selecting the appropriate corporation. Our firm has set up hundreds of new business, including corporations, LLC’s, and partnerships, over the years and is prepared to give you advice on setting up the appropriate corporate entity and preparing the associated legal documents in the proper form.
Please consult with Attorney David Daul at the Green Bay, Wisconsin law firm of Wanezek & Jaekels, S.C., to discuss these matters in greater depth.
Call David at 920 437-8191, or email him at [email protected].
If you are a builder or a manufacturer or otherwise involved in skilled trades or manufacturing, you no doubt have had experiences with the Occupational Safety Hazard Administration (“OSHA”).
UNJUSTIFIED OSHA CITATIONS
OSHA is a regulatory agency charged by the Federal government with enforcing the code of Federal regulations as it relates to safety. Often times inspections by OSHA are unannounced. In some situations, OSHA can give citations that are well justified and warranted, but in others there are often arguments that the citations are not justified are unwarranted or that they do not conform to the due process required under law. There are numerous defenses that can be made to such unwarranted citations.
OSHA CITATION DEFENSE
Often times, OSHA will be willing to submit to a mediation to resolve the case wherein the matter can be resolved with lower fines and reduced severity of citations. However, in some cases, OSHA citations are much more difficult and a formal hearing in front of an Administrative Law Judge may be necessary to resolve the matter. You will be disadvantaged if you attempt to resolve your citations with OSHA without legal representation. Often times the process of resolution can be extremely frustrating especially if OSHA takes a position that is unreasonable.
Consult Attorney David Daul (920.437.8191) if certain citations you or your corporation have received are unjustified or unwarranted. Our firm has substantial experience in dealing with these matters and has had good success in resolving them in the past.
If you have successfully obtained a judgment against a debtor, the next logical question is what do you do with that judgment? There are a number of enforcement techniques that you can prosecute to obtain the money to satisfy the judgment.
- For judgment collection assistance, contact attorneys David Daul & Greg Babcock at the Green Bay, WI law firm Wanezek & Jaekels, S.C.
JUDGMENT COLLECTION: WAGE GARNISHMENT
First, the judgment is docketed with the Clerk of the Courts in the county where the lawsuit was brought. Thereafter, the debtor will be required to make certain financial disclosures indicating what assets they own and what sources of income they have. Often times debtors are reluctant to give this information and it may be necessary to conduct both a supplementary examination and a motion for contempt if they refuse to cooperate. Eventually, you will likely obtain information regarding the debtor’s financial situation in which case you may begin a garnishment.
A garnishment is a process wherein a legal action is begun to collect on a debt by deducting a amounts from the debtor’s paycheck or personal savings or checking account. It is incumbent upon the debtor’s employer to withhold the pay and pay it to you to satisfy the obligation once a garnishment action is properly begun. However, the process is quite difficult and complicated. You will likely need the assistance of an attorney to conduct a supplementary examination, a motion for contempt (if necessary), and in filing the garnishment. Our firm can assist you in this legal process.
There are certain limitations as to how much money can be removed from a paycheck during each pay period and garnishments typically expire after 13 weeks, however they can be renewed. Further, there are different types of garnishments: garnishment from payroll earnings and garnishment from accounts.
Please contact Attorney David Daul or Greg Babcock at 920-437-8191 to discuss the foregoing should you have a judgment enforcement issue.
Many legal disputes involve relatively low dollar amounts. Wisconsin law provides special procedures for persons who wish to make legal claims for $10,000 and under, in Small Claims Court. Under this procedure, you may make most of the same types of claims that you would otherwise make in Large Claims Court however, there is a $10,000.00 limit to the damages that could be awarded. In some cases, it might be advantageous to bring a matter in Small Claims Court even if the total amount at stake exceeds $10,000.00. This is because Small Claims Court may offer an expeditious way to resolve the matter if the amount above $10,000.00 is small. For instance, it may be prudent to file a claim that may have a value of $12,000.00 in Small Claims Court because the matter can be resolved so much more expeditiously and promptly than it would be if it were in Large Claims Circuit Court. Normal rules of evidence and procedures do not apply for Small Claims Court and these matters tend to move through the Court docket at a much more rapid pace than Large Claims Circuit Court cases. For instance, on average a Small Claims case filed in Brown County, Wisconsin can anticipate resolution within 90 days within the initial filing — sometimes quicker. Persons are empowered to represent themselves in Small Claims but are often at a disadvantage if the opposing party is represented by an attorney. Conversely, a party that chooses to bring a Small Claims action represented by an attorney sometimes may have an advantage.
Our Green Bay, Wisconsin law firm routinely handles Small Claims for our clients and new or prospective clients. If you have a claim which may be a good match for Small Claims, please contact Attorney David Daul to discuss your case in greater detail. The attorneys at the Wanezek & Jaekels, S.C. law firm can help you in assessing the matter.
A corporation that paid more than 26 million dollars for the construction of a resort in the Wisconsin Dells was too late in filing a claim against the construction company alleging defective designs which caused significant water damage.
Almost ten years after the work was completed, the corporation that wanted to bring contract claim against the construction company was barred from bringing the claims due to the statute of limitations.
Under Wis. Stat. sec. 893.89, a person involved in the improvement of real estate can’t be sued after 10 years from the date of substantial completion of the project. However, the Wisconsin Court of Appeals found that the limitation period for a breach of contract claim is shorter. When the action is one for a breach of contract claim, the statute provides that the time limit applicable for contract action applies, which is 6 years. The corporation’s claim could not be heard by the Court because it had been more than six years since the alleged breach occurred. As a result the corporation will likely be unable to recoup any amount of the claimed 26 million of damages against the construction company because the statute of limitations expired.
If your claim is past the statute of limitations, you will be unable to recover the damages that you suffered. Do not let that happen. Contact our attorneys at Green Bay, Wisconsin’s Wanezek & Jaekels law firm if you have a claim against someone for injuries that you have suffered.