Business Law    
3290 North Ridge Road
Suite 210
Ellicott City, MD 21043

410-461-9400
Willis & Henderson, P.A.
Attorneys at Law
Next to your family, your business is the most important
thing in the world to you. It is your livelihood, and you
and your family depend on it. Every business, large or
small, needs competent legal representation throughout its
life.

Willis & Henderson, P.A., has many years of experience
representing small and mid-sized companies in virtually
every matter affecting a business, including formation,
operating agreements for limited liability companies
(LLC's), shareholder's agreements for corporations,
collections, preparation of contracts, and employment
agreements, and the litigation and law suits that inevitably
results from operating a business, and being in or doing
business with other people.

                         Business Formation

To shield you from personal liability, you should operate
your business through a business entity, such as a
corporation or limited liability company. The attorneys at
Willis & Henderson, P.A., have substantial experience
forming these and other business entities. They are also
experienced at preparing the associated agreements that
go with them, such as operating agreements, in the case of
LLC’s, and shareholders (or buy-sell agreements), in the
case of corporations.

Most circumstances will require either a limited liability
company (LLC) or an "S" corporation. For the most part
there is very little difference between the two, and the
way they are treated for taxes is about the same. The most
obvious difference between the two is that and S
corporation cannot get a substantial portion of its revenue
from passive income. For example, rental income. So
most people use an LLC if they intend to rent out real
estate. Otherwise, an S corporation is generally adequate.

When we form your corporation or LLC, we make sure all
the requirements are met, the proper documents filed, that
you get a federal tax ID number if you need it, that the
corporation does what it needs to do to be considered a
"subchapter S" corporation, and that all the documents and
stock certificates are in place.
        
If your circumstances call for a limited liability company
(LLC) we also prepare the operating agreement.

                            Collection

As a business owner, you will find that sometimes the
person for whom you have done work is slow to pay, or
simply refuses to pay. The more time that passes, the
smaller the chance of collecting your fee. You need to
take concrete action soon after you realize that there is an
issue with the account.

The lawyers at Willis & Henderson, P.A., have
experience collecting unpaid bills for businesses, and
will take the matter to court if necessary. And once we
obtain a judgment, we will aggressively pursue collection
of it by garnishment and through seizing assets.

In some circumstances, you may be able to obtain a
mechanic's lien, which is discussed below.

                              Litigation

Whether you are being sued, or need to sue someone else.
Our attorneys can help.

There are times when your business needs competent
legal representation to defend a law suit. If you or your
business is sued, you need to seek representation
immediately. There are tight deadlines for responding,
particularly in the District Courts. If you miss a deadline,
you may find yourself with a default judgment. You also
need to know your rights and your obligations, and have
an understanding of what the likely outcome of the law
suit is.

If you need to bring a law suit, there is usually a statute of
limitations associated with the action. If you do not bring
the suit quick enough, you may never be able to. Our
lawyers will evaluate your case, help you analyze the cost
of bringing the suit compared to what you are likely to
recover and, if it makes sense, prosecute the case for you.

We are happy to pursue such cases in Howard County,
Baltimore County, Baltimore City, Anne Arundel County,
Carroll County, Montgomery County, and Prince George's
County.

                          Mechanic's Liens

Mechanic's liens are powerful tools for collecting your
fee when you have acted as a contractor or a
subcontractor for work on a building. With a mechanic's
lien on a piece of property, you can sell the property
through what is essentially a foreclosure. The most typical
example of a person obtaining a mechanic's lien is a
tradesman doing work on a house or building that is being
built or remodeled.

The real power or the mechanic’s lien is that it allows a
subcontractor to put a lien on the property of the owner of
the property almost immediately. As a subcontractor, you
do not have a contract with the owner of the property on
which you have done work, meaning that you cannot sue
the owner if you are not being paid. Your only action is
against the contractor who hired you, and you would only
be able to get a judgment against him, and therefore a lien
on his property. The mechanic’s lien solves this problem
by allowing the sub to directly and quickly attach the
property on which he has done work, no matter who owns
it.  This is a very effective way to get the contractor, who
has been promising you payment, but not delivering, or
who is no longer returning your calls, to do something.

There are, however, stringent time requirements and
notice requirements for obtaining a mechanic's lien. You
should act as soon as it becomes apparent that you are not
going to get paid. Often the just the threat of a mechanic's
lien will get you paid, particularly when the contractor
does not own the property.
The Client
Comes First