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Assess Your Options with a Personal Guaranty

Assess Your Options with a Personal GuarantyIt is important to note that signing a person guaranty is NOT standard practice, especially if your business has good credit or significant assets. If you have been asked to sign, are considering signing, or have already signed a personal guaranty it is a good idea to contact an attorney to assess your options. An experienced attorney may be able to negotiate for new terms of a loan whereby a personal guaranty is not required.

If you have already signed and may default, or have already defaulted we may be able to negotiate a settlement with your lender, as we have for hundreds of others, and extinguish the debt for once and for all. Additionally we can analyze the validity of the personal guarantee, and assess your options.

Maybe most importantly, we have seen many people sued individually for Debts that are not personally guaranteed, or where by the personal guarantee taken is not valid under law, we have attached several examples for your reference, Call us today, maybe we can save you $72,000.00, $22,000.00, or $52,000.00 like we did for these three.

To retain Garmo & Kiste, PLC, for assistance in these matters call us at (248) 398-7100 for a free consultation or contact us with a private message. We are experienced Michigan attorneys with offices in Troy, MI.

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Unauthorized Practice of Law in Michigan

Unauthorized Practice of Law in Michigan Worried about the Unauthorized Practice of Law in Michigan? While individuals have a right to represent themselves in a Court of law, if you are the President, Member, or Resident agent of a Corporation you DO NOT have the right to represent your company as the Defendant or Plaintiff in a lawsuit. In fact to do so would violate MCL 450.681, the statute prohibiting the unauthorized practice of law. So, if your LLC is getting sued, you need an attorney to represent you or else the Judge is duty bound to dismiss your pleadings and your case. As small business owners ourselves, we know that money can be tight when you’re just starting out. Our rates are very reasonable and we’ll work to get the best result for you and your business. To retain Garmo & Kiste, PLC call us at (248) 398-7100 (248) 398-7100 for a free consultation or contact us with a private message.

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Liability for a Personal Guaranty in Michigan attorney

Liability for a Personal Guaranty in Michigan attorneyA personal guaranty is when someone (usually the business owner) signs on a loan or line of credit for the business. Basically, it means that if the company does not have enough assets to cover the liability, the note holder may pursue the signatory personally.

If asked to sign a personal guaranty, you should think hard before you sign. Many people take out a line of credit or a small business loan to jump start their business with an infusion of cash, or even to just get started in the first place. It is tempting to see any business set-backs as temporary and not think about the long term consequences of taking on personal liability. However, many times needing these loans are a sign that the business is struggling. Even if the business if just starting out, it is important to hope for the best, but plan for the worst. If your business has poor credit, or few assets, there may be no other option but to sign a personal guaranty. Just be aware that by doing so, you are losing a lot of protections provided by the formation of the LLC, and essentially “piercing the corporate shield.” You will be required to pay this debt as you would any other personal debt such as a mortgage or car loan. If you default on it you could have a judgment entered against you or even have your wages and tax returns garnished. The lender will not care if your business has failed, is struggling, or has even gone bankrupt you will always be liable until its paid off.

For more information about Liability for a Personal Guaranty in Michigan attorney or to retain Garmo & Kiste, PLC, call us at (248) 398-7100 for a free consultation or contact us with a private message.

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Illegal Public Dumping Michigan | 248-398-7100 | Free Consultation

Illegal Public Dumping MichiganCharged with Illegal Public Dumping Michigan? Recently one of our attorneys represented a Canadian Citizen concerning a misdemeanor charge of Illegal Public Dumping in violation of a local ordinance, through thoughtful and careful negotiations with the city attorney the Client was offered a plea deal whereby he pled to double parking, a civil infraction punishable by a fine only.

Without our representation this client may have been charged with a federal violation of the Clean Air act, resulting in minimum fines of $5,000.00- $20,000.00, and faced up to $. With the right attorney, he will now pay approximately $300.00 and have a civil infraction, rather than a misdemeanor on his record or worse. If you have been charged with a similar violation contact the experienced attorneys of Garmo & Kiste, PLC for a free consultation today!

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Driving While License Suspended Defense Attorneys

Driving While License Suspended Defense | 248-398-7100

Depending on the Court a Driving While License Suspended can be handled rather casually. This has led to a widespread misunderstanding that DWLS is a traffic infraction, when it is actually a misdemeanor that will appear on your criminal record. As a misdemeanor, you may be sentenced up to 93-days in jail and/or a fine of $500.00. Subsequent charges carry higher penalties. In addition to criminal charges, there may be licensure ramifications. Should your license be suspended or revoked for another reason, upon a conviction of Driving While License Suspended the Secretary of State will delay the date that your license will be eligible for restoration.

Additionally, if anyone is injured or killed in an accident that you are involved in while your license is suspended you may be charged with a felony punishable up to 15 years, and/or $1,000.00 to $10,000.00.

In order to avoid a criminal record, high fees, licensure ramifications, and even felony charges, it is important to retain an experienced Attorney. The attorneys of Garmo & Kiste, PLC frequent Metro Detroit Courts and know many prosecutors and judges who may be involved in your case. Our office may be able to help you get these charges reduced, modified, or even dismissed and have had many successful outcomes.

To retain Garmo & Kiste, PLC, for assistance in these matters call us at (248) 398-7100 for a free consultation or contact us with a private message. We are experienced Michigan attorneys with offices in Troy, MI.

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Michigan MIP- No Breathalyzer?

Michigan MIP- No Breathalyzer? | 248-398-7100Michigan Police have been issuing Minor in Possession’s without performing a PBT test in party type situations, or at public concerts among others. While this is not the standard, this is still a valid means of citing you. The breathalyzer is merely a piece of evidence in the case, you can still be convicted without it. It is important to hire an attorney who can look for other ways to challenge the validity of the charge. Additionally, our attorneys can still meet with prosecutors and city attorneys who have been assigned to your case and negotiate a deal to reduce, modify, or dismiss the charges. If you have been cited for an MIP with or without a breathalyzer contact Garmo & Kiste, PLC today to avoid heavy fines, long terms of probation, and a criminal record.


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Court Appointed vs. Retained Attorneys

Court Appointed vs. Retained AttorneysWe all know the famous line. “You have the right to an attorney. If you cannot afford an attorney, one may be appointed for you.” But what rights do these really confer? It can be tempting if you are charged with a crime to rely on court appointed attorneys, but this can be a risky choice. Up to 90% of people charged with a crime represented by Court appointed attorneys may be found guilty. Additionally, they are paid a certain amount per case, so it is in their interest to resolve your case as soon as possible even if it is otherwise in your best interest to take the matter to trial.

Finally, even though the attorney is appointed, you will still pay your appointed attorney, just through additional court fees and fines rather than as a retainer. In the legal market you get what you pay for. Hiring an experienced firm such as Garmo & Kiste, PLC guarantees that we will give your case all the time and attention it deserves. We will go through your file with a fine tooth comb in order to get the best results possible for your case.

Still unconvinced? Listen to this report from NPR:

When it matters for your future, retain a lawyer who has the time and resources available to devote to you!

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Avoiding A Messy Divorce | Free consultation | 248-398-7100

Avoiding A Messy Divorce | Free consultation | 248-398-7100While many people seem to think that once lawyers get involved that divorces become adversarial, in reality, one of the best things you can do keep your divorce amicable is hire an attorney. Here are some additional tips:
DO:
  • Meet with an attorney to strategize whether it would be a tactical advantage to be the first to file
  • Gather important documents such as tax filings for at least the past two years, bank statements, deeds, etc.

DON’T:

  • Try to sequester money or other assets
  • Post anything that could be construed as negative about your children, spouse, or that could be used to defame your character on social media sites.

The more amicably issues can be resolved, the faster the process will go, and the less expensive it will be for everyone. For more personalized tips from experienced divorce attorneys contact Garmo & Kiste, PLC.

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