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.
Willis & Henderson, P.A.
Attorneys at Law
3290 North Ridge Road
Suite 210
Ellicott City, MD 21043

410-461-9400
Business Law
Willis & Henderson, P.A.
Attorneys at Law
3290 North Ridge Road
Suite 210
Ellicott City, MD 21043

410-461-9400
A good lawyer can make all the difference

Click Here
to request a free
telephone consultation