Wanezek, Jaekels, Daul & Babcock, S.C. Attorneys at Law — Founded 1908

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LANDLORD RIGHTS AND ABANDONED PROPERTY IN WISCONSIN

In the course of renting property, occasionally people abandon property when they leave. As a landlord, it is important to follow the statutorily outlined steps and get a storage lien placed on the items as quickly as possible.

A landlord is allowed to charge “reasonable” storage fees to store the tenant’s stuff, assuming he gives the former owner notice. After some time, the landlord can take the items and sell them, recovering the reasonable storage fees and selling expenses. Any excess has to be remitted to either the previous owner or the state.

When a lien is placed on the property, it has to be paid before the property can be recovered by its original owner. Placing a lien on the property gives you rights and options that allow you to start earning storage expenses you can recover against when the asset is disposed of.

Our firm has extensive experience with liens and property rights. ContactAttorney David Daul or Warren Wanezek for a consultation.  The attorneys atWanezek & Jaekels are experienced in both landlord and tenant rights and duties.

EMPLOYEES COMING BACK TO WORK AFTER WORK RELATED INJURY

When an employee gets injured on the job and takes time off to recover, an employer must rehire them unless there is reasonable cause not to do so. Wisconsin Statute 102.35 requires that an employer who refuses to rehire the employee, pay lost wages to the employee when they refuse to rehire them without a showing of reasonable cause. In a case that was decided in July of 2011, the Wisconsin Supreme Court found that if a business could show a reasonable cause for termination than that was all they had to prove. The Wisconsin Supreme Court found that the LIRC had incorrectly read in the accommodation requirements for employees with disabilities because it asked for something more than reasonable cause. The Supreme Court of Wisconsin found that the rehiring provision “does not contain a requirement that employers change their legitimate and universally applied business policies to meet the personal obligations of their employees.” Without a showing of reasonable cause the employer would have to pay. Employers and Employees get into disputes from time to time. Our Firm has extensive experience with employment disputes including return to work issues. Contact Attorney David Daul or Warren Wanezek for a consultation.

CIVIL CLAIM FOR CONVERSION IN WISCONSIN

Conversion is the civil claim that may apply when people take property that does not belong to them.  It is committed when someone, without the consent of the owner takes, controls, destroys or materially alters the property in such a way that seriously interferes with the rights of the owner to control the property or fails to return something to someone who owns it.

If you need assistance for recovery of your property, the Green Bay law firm of Wanezek & Jaekels, S.C., can help. Call 1.920.437.8191 or Contact Us online.

WRONGFUL CONVERSION OF PROPERTY
This deprivation can be permanent or for an indefinite period of time. It does not matter if the person who took it knew the owner was entitled to it or even that he intended to interfere with the owner’s possession as wrongful or unlawful intentions are not elements of conversion. It only matters that the person intended to deal with the property in a way that would interfere with the owner’s possession. Such disputes may arise in many contexts, including personal and business disputes.

Our firm has extensive experience with tort litigation and property rights, including conversion of property. If someone has taken, destroyed, altered, or interfered with your personal property, business property, or other property rights, the Green Bay Wisconsin lawyers at Wanezek & Jaekels, S.C., can help.

Contact Attorney David Daul or Attorney Warren Wanezek for a legal consultation. Contact Us online, or Call 920-437-8191.

SOCIAL MEDIA AND LEGAL ACTIONS

Social Media is a prominent part of many people’s lives these days.  With the advent of these technologies comes a lot of hidden risk. People tweet and post on Facebook about their personal experiences without filtering much of it. Many people don’t realize that these posts and tweets can be used against them in pending litigation.

While you may feel the compulsion to post or tweet about everything that happens to you, you should resist the urge when you get involved with something that could result in pending litigation. These tweets and posts can be viewed as party admissions and used as evidence against you.

In this age of technology, social media is increasingly becoming a source of problems for people if they aren’t careful of what they post. With the ever increasing presence of social media in our lives, persons should exercise caution in what is posted on social media sites.

At Wanezek, Jaekels, Daul & Babcock, our attorneys are experienced litigators.  We will properly advise you on the legal effects and consequences of out of court statements in the context of your case.  In the Green Bay area,Contact Us for a consultation.

Tags: Business Law Divorce Law Employment Law Litigation Personal Injury

THE FLAVORS OF PARTNERSHIP: A LIABILITY ANALYSIS

There are 3 kinds of partnership that exist today: the general partnership, the limited partnership, and the Limited Liability Partnership. Each offers unique advantages and disadvantages over the others with things like exposure to liability, and tax advantages vary from form to form. Our Green Bay, Wisconsin law firm can help you decide which form of partnership is best for your business and how to manage liability issues.

WISCONSIN PARTNERSHIP BENEFITS
Partnerships offer a lot of flexibility when it comes to distributing income and losses, unlike like corporations which are usually forced into distributions equaling shares held. All partnerships have flow through accounting of profits and losses and are reflected on their personal tax returns via the schedule K on their federal income tax returns. This avoids the double tax of the c-corp. Partnerships also facilitate the moving of capital in and out of partnerships efficiently via capital accounts maintained by the partners. Partnerships can be an effective way of doing business if structured properly. Exposure to liability is one of the key factors that change depending on what form of partnership is chosen.

The general partnership is what most people think of when they think partnership. In this form of partnership, both partners are personally liable for the debts of the partnership. This form is usually selected by people who are both actively involved in the managing and running of the business. This is also the default form of partnership. This form of partnership offers the most risk to all its members.

The limited partnership adds another layer to the partnership by adding limited partners to the pool of potential partners. The limited partner does not share the unlimited personal liability of the partnership, however this does limit the amount of losses he recognize up to his capital account balance. This usually prevents him from going below 0. The limited partner can only lose his investment and nothing more.  A limited partner is also restricted in what kind of roles they can play in the partnership. All limited partnerships require at least 1 general partner. This can put a lot or all of the risk on the general partner(s), but gives limited partners a reason to invest capital without exposing themselves to liability.

The Limited Liability Partnership (LLP) functions a lot like an LLC does. In this set up, all the partners have limited liability. This means they can only lose their initial investment. As a result this combines the protections of the corporation with the flexibility of a partnership.  This one has the least risk to the partners as none of them are directly liable for the LLP’s actions, barring some very unusual circumstances.  This is one of the best forms of partnership, but also requires the most planning. As a partnership that benefits from having what is essentially a corporate veil of its own an LLP has the least liability exposure amongst its partners compared to the other forms of partnerships.

GREEN BAY BUSINESS PARTNERSHIP ATTORNEYS
With all the flexibility partnerships have comes some inherent complexity. Our Firm has extensive experience with creating partnerships and with resolving that arise from them.  Contact local Green Bay, Wisconsin Attorney David D. Daul or Attorney Warren Wanezek for a consultation on creating a business partnership, or effectively managing legal issues involving your partnership. The attorneys at Wanezek, Jaekels, Daul & Babcock are ready to help you with the legal needs of your Green Bay area business.

CAPITAL ACCOUNTS AND PARTNERSHIPS

A capital account reflects your stake in the partnership. The exact behavior of a capital account will vary depending on the form of partnership selected. This reflects how a capital account will behave in a general partnership with no special allocation provisions. A capital account starts with your beginning balance that you have in your capital account. Then any contributions you add will be added to that total, thus increasing the value of your capital account. Next any distributions taken reduce the value of your capital account. Next you add your share of the net profit/loss as determined by the partnership agreement and this will adjust your capital account accordingly. You will have to pay taxes on the income and may get to recognize the loss regardless of whether you take a distribution. This occurs because a partnership is a flow through tax entity. That will take us to the ending capital account balance at the end of the year.

 It is very important to maintain these accounts accurately. This is extremely important when dissolving the partnership, as any remaining property is distributed according to these balances. Partner liability can also be determined along these lines assuming everyone has the ability to pay. Since limited partners generally can’t go below 0, they can end up owing more than that. Another important reason to maintain these properly is to keep the clear distinction between equity and debt as each has different rights associated with it, and can be handled in a different manner.  A capital account represents the current dollar value of your stake in the partnership. As always good records make it easier to defend yourself when problems arise later. Often partners get involved in disputes involving these accounts. Our firm has extensive experience in resolving these disputes. Contact Attorney David. D. Daul or Warren Wanezek for a consultation.

CLAIMS AGAINST WISCONSIN GOVERNMENTAL BODIES

Claims against municipalities such as a Town, Village or City may come in several forms. A claim could arise as a result the negligence of a city employee or because the city acts in a way that causes citizens harm. Such claims may be as simple as a minor automobile scrape due to a negligently driven municipal vehicle such as a garbage truck. Or claims may be quite serious involving personal injury. Wisconsin laws require that such claims must be made directly against the city or other municipality within 120 days of the injury or be barred. You must act quickly in making such claims against the city or other municipality therefore. Further if the claim is ultimately denied by the municipality a formal complaint must be filed in circuit court within 6 months of the denial or be time barred. These claims tend to be very difficult to prove. The government is entitled to many types of immunity for its conduct and most tend to be reluctant to pay legitimate claims. Tightening municipal budgets are making this more and more common. Considering the difficulties and time limitations in bringing such claims you may wish to consider retaining Wanezek and Jaekels to assist you. Our lawyers, Attorney David Daul in particular has handled many of these claims and is prepared to advise and assist you. Do not lose your right to compensation from the municipality because of a technicality. Call or email for a free consultation.

FORMING AN LLC IN WISCONSIN

Many people starting a new business will choose to form an Limited Liability Company (LLC) because it offers protection of one’s personal assets while allowing flow through taxation to the individual members.  If you are looking to start a new business as an LLC, there are several things that you should consider. 

 LLC’s are governed by Chapter 183 of the Wisconsin Statutes.  In order to form an LLC, an Articles of Organization must be filed with the Department of Financial Institutions.  The Articles of Organization must contain the name of the LLC, the registered agent and registered office address, the type of management of the LLC, the name of the organizer, a signature of the organizer, the contact information of the person who filed the LLC, and payment by credit card of $130.00, which is non-refundable.  The name of the LLC must be unique in that it is not the same name as an existing corporation, LLC or other legal entity.  The registered agent is the person who is designated to receive service of process or other communications on behalf of the LLC and the registered office is the business office of the registered agent.  The type of management of the LLC can be vested in either member(s) or manager(s).  The name of the organizer is the person who signs and delivers the Articles of Organization to the Department of Financial Institutions for filing.

In addition to the Articles of Organization, an LLC should have an Operating Agreement between the members.  The Operating Agreement between the members governs the LLC’s business and the member’s financial and managerial rights and duties. 

If you are looking to form a new business contact us now. 

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To get in touch with one of our attorneys about your case, call our firm at (920) 437-8191 or fill out the form below.