Broompilot
Veteran Expediter
Says any criminal record, what if you have a record with no conviction (NOT GUILTY)??? just wondering.
Response to U live U learn
- Thread starter Broompilot
- Start date
Most applications I've seen ask about convictions , not arrests . Innocent until proven guilty , right ? It's true many people that commited crimes get off on technicalities but only a conviction is guilt . The one problem may be a restraining order . A judge will hit you with one of them without a trial and it will show on your record . Many of them have been unjustly ordered against innocent parties but courts won't take chances .
Broompilot
Veteran Expediter
Let me go right to the point, I posted regarding this a long time ago. I was arrested three years ago, person was a wacko. Went to trial judge got angry with Prosicution for bringing this into his court room. (I cannot sue, the party is married with joint assests). So unless I want to spend another $3K for an attorney to handle getting my name removed I am on the record for being charged but not convicted. I carry a letter from my attorney stating this along with the paperwork. But according to Canada I have been arrested. So what is it?
Our system is not what it is cracked up to be either, he who has the $ to hire an attorney wins, otherwise prosicution would have spit me onto the floor, FACT, even though I was not guilty.
Our system is not what it is cracked up to be either, he who has the $ to hire an attorney wins, otherwise prosicution would have spit me onto the floor, FACT, even though I was not guilty.
Depending on the state, you should be able to petition the state or county and have it removed. You may need an attorney but not $3,000.
If it is an issue of getting into Canada, you will need a ministery permit. They will approve or deny you. Most likely you would be approved and you are set to go.
Hope that helps
Davekc
If it is an issue of getting into Canada, you will need a ministery permit. They will approve or deny you. Most likely you would be approved and you are set to go.
Hope that helps
Davekc
> So unless I want to spend
>another $3K for an attorney to handle getting my name
>removed I am on the record for being charged but not
>convicted. I carry a letter from my attorney stating this
>along with the paperwork. But according to Canada I have
>been arrested. So what is it?
Broom-
Did you attempt small claims court? What state are you in?
mcbride-
O/O-D unit-Team-6yrs
--What goes around comes around--
LEGAL NOTICE: The views and opinions expressed in this post are those held by the posting author and do not represent the views or opinions of Expediters Online.com, On Time Media, LLC, it's agents, subsidiaries, affiliates, advertisers or sponsors.
>another $3K for an attorney to handle getting my name
>removed I am on the record for being charged but not
>convicted. I carry a letter from my attorney stating this
>along with the paperwork. But according to Canada I have
>been arrested. So what is it?
Broom-
Did you attempt small claims court? What state are you in?
mcbride-
O/O-D unit-Team-6yrs
--What goes around comes around--
LEGAL NOTICE: The views and opinions expressed in this post are those held by the posting author and do not represent the views or opinions of Expediters Online.com, On Time Media, LLC, it's agents, subsidiaries, affiliates, advertisers or sponsors.
Broompilot
Veteran Expediter
Amount was way to large for small claims 35K but you know sometimes you are better putting things behind you. And yes I have looked into removing it but this wonderfull state NC has it set up that it takes a lawyer to get it exsponged if thats how its spelled from your record chances are $1,500. to 3K. Thats life and I decided to get on with mine.
Joint assets means both parties husband and wife would have taken the warrant out not just one. Another example in this industry, if you own a truck get your spouses name off of the check book, and title of the vehicle that way your house and personal assets that both parties own are protected. They can only go after you and your personal assets not both of you. I am not a lawyer but this is the fact of my case, I could sue, win, and collect nothing but satisfaction. There judgement day will come, so called believers.
Joint assets means both parties husband and wife would have taken the warrant out not just one. Another example in this industry, if you own a truck get your spouses name off of the check book, and title of the vehicle that way your house and personal assets that both parties own are protected. They can only go after you and your personal assets not both of you. I am not a lawyer but this is the fact of my case, I could sue, win, and collect nothing but satisfaction. There judgement day will come, so called believers.
The best way to protect your house and assets is to form an LLC or incorporate . One thing I learned though . If you use a second mortgage to buy a truck that makes your home part of the business and you lose that protection . Ignore ads of people saying they will help you form an LLC . I went right to the KY State website , brought up the form to organize and sent it in with $40 .
In addition to Crazynuff's good example of losing your house, is the following opinion to consider:
If you, the O/O of the truck, are an officer in your Corporation and you are involved in an incident such as an accident where you are ruled personally negligent in the operation of the truck, ergo your business, your personal assets could be at risk.
If your employee or Independent contractor leasing your truck from you (your Corp) was violating the Corp's safety policy and was negligently involved in an accident, then your personal assets would not likely be at risk.
Incorporation has many advantages for a one-truck owner/operator, but it is not a magic shield against litigation.
Terry
If you, the O/O of the truck, are an officer in your Corporation and you are involved in an incident such as an accident where you are ruled personally negligent in the operation of the truck, ergo your business, your personal assets could be at risk.
If your employee or Independent contractor leasing your truck from you (your Corp) was violating the Corp's safety policy and was negligently involved in an accident, then your personal assets would not likely be at risk.
Incorporation has many advantages for a one-truck owner/operator, but it is not a magic shield against litigation.
Terry
>Incorporation has many advantages for a one-truck
>owner/operator, but it is not a magic shield against
>litigation.
>
>Terry
I'm glad to see that point being made. It is often overlooked in discussions about incorporation. The legal term is "Pierce the Corporate Veil." It will be among the first things the attorney(s) for the other side will try to do if they are comming after you, an incorporated entity. It has been successfully done many times when the circumstances of the case are right (or wrong, depending on your point of view).
>owner/operator, but it is not a magic shield against
>litigation.
>
>Terry
I'm glad to see that point being made. It is often overlooked in discussions about incorporation. The legal term is "Pierce the Corporate Veil." It will be among the first things the attorney(s) for the other side will try to do if they are comming after you, an incorporated entity. It has been successfully done many times when the circumstances of the case are right (or wrong, depending on your point of view).
Well I want to reply to my friend Terry,we have discussed this issue many times.
I started expediting in 1987 for Roberts and decided to incorporate in 1994. Bascially we have a S Corporation and in my state we are allowed to issue 7500 shares of stock.We issued 100,50 owned by me and 50 by my wife.
So we are the sole shareholders,we are also the Board of directors and we are the Officers of the Corporation. I am CEO (LOL) and my wife is Vp,and Secretary/Treasurer.
However the big thing is we are also Employees of the Corp and routinely draw a monthly salary. When I am operating the truck I am considered an employee and not an officer of the Corp,therefore in the case of an accident the Corporations assets are liable not my own.
It is important to distinguish yourself as an employee,we do this by having totally separate bank accounts in 2 different banks. No personal bills are paid out of the Corporate bank account.
When you think about it Bill Gates is an employee of Microsoft,when they screw up do the injured parties come after Bill,no they go after Microsoft.
It is important to show on paper that you are an employee,monthly salary checks,benefits paid on your behalf all indicate that you are an employee.
Some Attorneys may try to circumvent this but my own Attorney advised me to do this to avoid potential ligitation of our personal assets.
If nothing else you have a buffer and if things look really bad you can transfer assests to a third party before the roof caves in.
I started expediting in 1987 for Roberts and decided to incorporate in 1994. Bascially we have a S Corporation and in my state we are allowed to issue 7500 shares of stock.We issued 100,50 owned by me and 50 by my wife.
So we are the sole shareholders,we are also the Board of directors and we are the Officers of the Corporation. I am CEO (LOL) and my wife is Vp,and Secretary/Treasurer.
However the big thing is we are also Employees of the Corp and routinely draw a monthly salary. When I am operating the truck I am considered an employee and not an officer of the Corp,therefore in the case of an accident the Corporations assets are liable not my own.
It is important to distinguish yourself as an employee,we do this by having totally separate bank accounts in 2 different banks. No personal bills are paid out of the Corporate bank account.
When you think about it Bill Gates is an employee of Microsoft,when they screw up do the injured parties come after Bill,no they go after Microsoft.
It is important to show on paper that you are an employee,monthly salary checks,benefits paid on your behalf all indicate that you are an employee.
Some Attorneys may try to circumvent this but my own Attorney advised me to do this to avoid potential ligitation of our personal assets.
If nothing else you have a buffer and if things look really bad you can transfer assests to a third party before the roof caves in.
Pappy
Expert Expediter
>Well I want to reply to my friend Terry,we have discussed
>this issue many times.
>I started expediting in 1987 for Roberts and decided to
>incorporate in 1994. Bascially we have a S Corporation and
>in my state we are allowed to issue 7500 shares of stock.We
>issued 100,50 owned by me and 50 by my wife.
>So we are the sole shareholders,we are also the Board of
>directors and we are the Officers of the Corporation. I am
>CEO (LOL) and my wife is Vp,and Secretary/Treasurer.
>However the big thing is we are also Employees of the Corp
>and routinely draw a monthly salary. When I am operating the
>truck I am considered an employee and not an officer of the
>Corp,therefore in the case of an accident the Corporations
>assets are liable not my own.
>
>It is important to distinguish yourself as an employee,we do
>this by having totally separate bank accounts in 2 different
>banks. No personal bills are paid out of the Corporate bank
>account.
>
>When you think about it Bill Gates is an employee of
>Microsoft,when they screw up do the injured parties come
>after Bill,no they go after Microsoft.
>
>It is important to show on paper that you are an
>employee,monthly salary checks,benefits paid on your behalf
>all indicate that you are an employee.
>
>Some Attorneys may try to circumvent this but my own
>Attorney advised me to do this to avoid potential ligitation
>of our personal assets.
>
>If nothing else you have a buffer and if things look really
>bad you can transfer assests to a third party before the
>roof caves in.
>
>
>this issue many times.
>I started expediting in 1987 for Roberts and decided to
>incorporate in 1994. Bascially we have a S Corporation and
>in my state we are allowed to issue 7500 shares of stock.We
>issued 100,50 owned by me and 50 by my wife.
>So we are the sole shareholders,we are also the Board of
>directors and we are the Officers of the Corporation. I am
>CEO (LOL) and my wife is Vp,and Secretary/Treasurer.
>However the big thing is we are also Employees of the Corp
>and routinely draw a monthly salary. When I am operating the
>truck I am considered an employee and not an officer of the
>Corp,therefore in the case of an accident the Corporations
>assets are liable not my own.
>
>It is important to distinguish yourself as an employee,we do
>this by having totally separate bank accounts in 2 different
>banks. No personal bills are paid out of the Corporate bank
>account.
>
>When you think about it Bill Gates is an employee of
>Microsoft,when they screw up do the injured parties come
>after Bill,no they go after Microsoft.
>
>It is important to show on paper that you are an
>employee,monthly salary checks,benefits paid on your behalf
>all indicate that you are an employee.
>
>Some Attorneys may try to circumvent this but my own
>Attorney advised me to do this to avoid potential ligitation
>of our personal assets.
>
>If nothing else you have a buffer and if things look really
>bad you can transfer assests to a third party before the
>roof caves in.
>
>
Tom Robertson
Veteran Expediter
Rich...
Ateam makes a very valid point. An S corporation with only two stock holders and married at that, would be easily pierced by a competent attorney. S-corps have many advantages, but when the corp is "closely held" and prodeeds can be traced to one or two people, I would not count on protection of personal assests being one of the advantages.
Good post ATeam.
Ateam makes a very valid point. An S corporation with only two stock holders and married at that, would be easily pierced by a competent attorney. S-corps have many advantages, but when the corp is "closely held" and prodeeds can be traced to one or two people, I would not count on protection of personal assests being one of the advantages.
Good post ATeam.
Broompilot
Veteran Expediter
Tom is exactly right, the large corps. avoid this because so many fingers in the pot. Small corps need tons of insurance, if you have assets C or S if its big enough (suite) your gona be exposed if the attorney is determined enough.
As for free attorney nope aint gona work maybee in your state but not here has to go back in front of a judge. The paperwork is beyond me. I even have friends on the county commission can't help. Some dumb ##### lawyer years ago did this to screw people like me into spending $ as he saw another opportunity to raise funds (more easy work) Simply put.
To avoid loosing your personal assets keep at best 1M in insurance if your net is more than that than always keep your liability higher than your assets. Lawyers know that an insurance company will give up after it has exhausted its liabilty level but an insurance company will fight with the best if lets say it has 5M to loose. Incorp aint gona protect you as much as you think.
Not a lawyer, just a business owner since 1979.
As for free attorney nope aint gona work maybee in your state but not here has to go back in front of a judge. The paperwork is beyond me. I even have friends on the county commission can't help. Some dumb ##### lawyer years ago did this to screw people like me into spending $ as he saw another opportunity to raise funds (more easy work) Simply put.
To avoid loosing your personal assets keep at best 1M in insurance if your net is more than that than always keep your liability higher than your assets. Lawyers know that an insurance company will give up after it has exhausted its liabilty level but an insurance company will fight with the best if lets say it has 5M to loose. Incorp aint gona protect you as much as you think.
Not a lawyer, just a business owner since 1979.