Drafting and Enforcing Promissory Notes in Sarasota County

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In this article I will provide some thoughts on promissory notes. This is is written from the perspective of someone who has not only drafted promissory notes, but have enforced promissory notes through litigation. The reason why I mention that is because the act of enforcing a promissory note goes hand in hand with drafting one. Like any other agreement, you want to hope for the best, but ultimately be prepared for the worst.

Before I get too far into this, I need to mention that I am a business and civil litigation attorney located in Venice, and I serve all of Sarasota County, Manatee County, and Charlotte County. This article is being written for educational purposes only. It is not legal advice. If you have a question about preparing or enforcing a promissory note, you will want to talk with a real live lawyer.

Consider the Parties

One aspect of a promissory note to consider is whether a corporation or an individual will be borrowing the money. If it’s a corporation, you want to be especially careful because a borrower can try to use that to escape personal liability. I would consider including a personal guarantee or including both the business and individual as named borrowers on the note. If you are an individual about to sign a guarantee, you want to understand the limits of the guarantee, if any, and the host of other issues that come with signing contracts and guarantees.

Include Terms for Default

It is important to spell out clear terms in the promissory note defining what a default under the note is. What if the borrower dies? What if the borrower initiates filings for bankruptcy? What if the borrower doesn’t timely pay? These situations all need to be considered (among many others) when preparing the agreement, along with the remedies in the event of default. Continue reading →

How Much Does an Eviction Cost in Sarasota County, Florida?

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I am a landlord tenant lawyer in Venice (Sarasota County), Florida. I represent clients in Sarasota, Venice, and the surrounding area. As a landlord tenant lawyer, I file a lot of evictions, and I also defend tenants who are being wrongly evicted. I have put together a couple articles on evictions, including a general overview of the entire eviction process, and an article on holdover evictions as well.

In this article I want to discuss the cost of evicting a tenant in Sarasota County.

Court Costs / Expenses

This section is subject to change, but as of the time of writing this article the court costs of an eviction in Sarasota County are: Continue reading →

Sarasota Trademark Attorney

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I have written a number of articles on intellectual property law in the past, but I wanted to take this opportunity to write a blog post specifically about the trademark portion of my intellectual property law and business law practice. For those seeking the services of a trademark lawyer I humbly submit that you consider my law firm for your trademark and intellectual property needs. I am based in Venice, Florida and serve all of Sarasota County and the surrounding area.

Next, lets talk a little about the specific services I offer in the context of trademark law.

Freedom to Operate Opinions

One of the most heartbreaking stories I hear about trademark law comes from the business owner that started their company around a specific business name, and invested a bunch of time and money into that business name – only to realize months down the line that their business name has already been claimed by an existing trademark. Typically, the business learns about this the hard way: in the form of a cease and desist letter, or if they are really unlucky, by way of a lawsuit. Continue reading →

How Much Does it Cost to Register a Trademark?

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So you want to obtain a trademark, but are unsure of what is involved. More importantly, you are unsure as to what it will cost.

Before getting too far along in the trademark process, the first thing I would suggest doing is making sure that a trademark is really the right type of intellectual property for your situation.

After determining that a trademark is the best way to protect your intellectual property, it is important (very important) to deliver my knee-jerk legal disclaimer that each trademark is different, each application is different, and therefore, the cost of each trademark may be a little different.

I try to do most of my trademark application work on a Continue reading →

Florida Divorce Requirements

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In this brief article I will take you through the basic requirements for a divorce in Florida. I am a family law attorney located in Venice, Florida and I help people with divorce and other family law issues in Sarasota County and the surrounding area.

Fault is Not an Issue

First of all, Florida is a no-fault state. This means that you don’t need a “reason” to get divorced (e.g., infidelity or the dissipation of marital assets). All that is required is for one spouse to want to leave the marriage.

Any spousal misconduct may still have an impact on a divorce and are factors considered in determining things like Continue reading →

What are the Child Custody Laws in Sarasota Florida?

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The following article will provide a brief overview of the child custody laws in Florida. First of all, so you know where this information is coming from, I am a family law attorney in Florida (Sarasota County to be exact), and I regularly help clients navigate difficult issues in divorce – including child custody and support issues as well.

So this article is written by an attorney, and is designed to discuss the relevant law. However, please keep in mind that this is a general overview, not legal advice.

A Shift in Perspective

To start out, it is important to know Florida has abolished traditional child custody law in favor of flexible parenting plans. This is in effort to get parent’s away from the mentality that divorce with children is all about Continue reading →