Entries by Michael Spadaccini

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LLC Tax Advantages – LLC Advantages

First, a definition. An LLC is a statutorily created form of business entity that combine features of both partnerships and corporations. For more information on the differences between these business entities, please read: Corporation vs. LLC vs. Partnership. Now, on to LLC Tax Advantages LLC Tax Advantage: Pass-Through Taxation LLC’s enjoy pass-through taxation. Here’s how […]

Federal Income Tax Brackets – Federal Tax Brackets

Federal Income Tax Brackets Federal Tax Brackets February 2008 // // // // // // // Schedule X — Single Filer If taxable income is  over– But not over– The tax is: $0 $7,825 10% of the amount over $0 $7,825 $31,850 $782.50 plus 15% of the amount over 7,825 $31,850 $77,100 $4,386.25 plus 25% of the […]

Small Claims Court | Statute of Limitations

All civil claims which arise in small claims court will be subject to some statute of limitations. A statute of limitations is a law that dictates the number of years in which a claim must be brought for liability to attach to a defendant. If a plaintiff waits beyond the expiration of the statute of […]

Small Claims Court: Researching the Likelihood of Recovery

Now you must turn to the question of whether a judgment can ever be collected from the defendant. If the defendant does not pay a judgment voluntarily, the plaintiff is then forced to resort to time-consuming collection efforts such as placing liens on property or garnishing wages. A crafty defendant can dodge legitimate collection efforts […]

Small Claims Court: Personal Jurisdiction

Personal jurisdiction refers to the ability and authority of a court in a state to have jurisdiction over the parties to a dispute. Personal jurisdiction operates on a state-by-state basis. So, if any court in the state has personal jurisdiction over you that means all the courts about state and personal jurisdiction over you. A […]

Small Claims Court – Negligence & Cars

How To Prepare a Plaintiff’s Case for Negligence Your task as a plaintiff in a negligence case is quite simply to prove all of the elements of your case and to secure all damages to which you are entitled. We have discussed the elements of a negligence case. You must be prepared to prove all […]

Small Claims Court: Evaluating Your Case

Be careful: the evaluation of a case is where most people make their greatest error. When you misjudge your case, you run terrible risks. You might miss an offer for settlement or resolution, or you might waste time pursuing a loser case. Remember, nearly every case has a winner and a loser. Thus, in nearly […]

Small Claims Court: Draft and File the Complaint

Your lawsuit officially begins when you prepare and deliver to the small claims clerk a small claims complaint. A complaint is a legal document in which you state the names of the parties, the nature of the claim, and a request for relief. All lawsuits began with the filing of the complaint, from small claims […]

Small Claims Court: the Counterclaim

A defendant has a very powerful tool in his or her arsenal: the counterclaim. A counterclaim is just as it sounds; it is a claim by the defendant against the plaintiff that is filed and served following the plaintiff’s original claim. The counterclaim must be written and must be filed with the court and served […]

Small Claims Court – Contracts & Collecting Debts

Contract disputes appear frequently in small claims court. Many small businesspersons or consumers find themselves in small claims court eventually. Let’s examine how to pursue and how to defend a contract dispute in small claims court. To see a table showing a Small Claims Court Guide for your state , click here . To see […]

Wyoming Small Claims Court

What follows is a brief but informative summary of rules, procedures, and filings requirements for small claims court in Wyoming. Keep in mind that rules and laws change. It’s always a good idea to confirm the rules with the court or with further research. Maximum Jurisdictional Dollar Amount: The maximum dollar amount is $7,000 Where […]

West Virginia Small Claims Court

What follows is a brief but informative summary of rules, procedures, and filings requirements for small claims court in West Virginia. Keep in mind that rules and laws change. It’ s always a good idea to confirm the rules with the court or with further research. Maximum Jurisdictional Dollar Amount: The maximum dollar amount is […]

Wisconsin Small Claims Court

What follows is a brief but informative summary of rules, procedures, and filings requirements for small claims court in Wisconsin. Keep in mind that rules and laws change. It’s always a good idea to confirm the rules with the court or with further research. Maximum Jurisdictional Dollar Amount: The maximum dollar amount is $5,000, no […]

Washington Small Claims Court

What follows is a brief but informative summary of rules, procedures, and filings requirements for small claims court in Washington state. Keep in mind that rules and laws change. It’s always a good idea to confirm the rules with the court or with further research. Maximum Jurisdictional Dollar Amount: The maximum dollar amount is $4,000. […]

Vermont Small Claims Court

What follows is a brief but informative summary of rules, procedures, and filings requirements for small claims court in Vermont. Keep in mind that rules and laws change. It’s always a good idea to confirm the rules with the court or with further research. Maximum Jurisdictional Dollar Amount: The maximum dollar amount is $3,500. Where […]