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Well I don't want to make this to long so let me get straight into this.

I started my company back when I was 15, it was something that was a ideal dream for me, however I was never really known of the rules that my state had. To operate a company you have to have at least a fictitious name.

Around 16 I did a website and a design for a local bowling alley down in my town. It was all verbal as I wasn't to much into the whole contracts let alone old enough to do one. We had talked and talked about it and finally they did a deal.

$50 start up fee as I figured well they don't have much company (well I was wrong about the money part), and a $15 monthly fee for maintaining.

They paid 6months which covered 6months, leaving November, December, January, and February non-paid. I recently met with them and they informed me they wish to buy the domain from us "NWH", and they asked for us to have paper ready of what it would cost.

Well my assistant, and I met with them and told them $260 ($200 domain, and $60 for hosting, org. appraised around $600) They wrote a check out to pay to the order of NWH Networks (however at the time I didn't have the bank account open for it).

I called them and told them if they could redo the check to pay to the order of me, and I could return this org. check. He then turned this into a big deal telling me he has been talking to his attorney and told the bowling company to pay to NWH not me, though he has paid to me everytime, then he tells me it was bad on his part to do that.

Now I still have the org. check just incase I needed it in future to prove I didn't cash or deposit it. I still have the domain (as I paid for it from my pocket). What should I do and what can I do?.

(I also just recently became a fictitious company, and about to open a bank account).

Thanks,.

Tyler..

Comments (5)

My understanding is that a minor..under the age of 18 has no legal capacity to consent to a contract.

How old are you now?.

Cheers.

Corey..

Comment #1

The reason I mention fictitious is because in the state of Missouri to conduct business you must have a fictitious name registered or at least a LLC. In my case it's easier to do a fictitious sign up.

Missouri law requires any person or business entity who transacts business in the state under a name other than their own true name to register that business name with the Secretary of States Office as a Fictitious Name Registration.

For a sole proprietorship or partnership, a business name is generally considered fictitious unless it contains the last name and a recognizable form of the first name of the owner or all of the general partners and does not suggest the existence of additional owners. Use of a name which includes words like company, associates, brothers, or sons, will suggest additional owners and will make it necessary for the business to file...

Comment #2

Does that mean you have to be 18 to own a domain?.

Domain ownership is by contract, I think .....

Comment #3

NightRider.......I don't know if it is a Fed. or State law, but some years back they stopped allowing checks to be signed over to other folks. It can't be done at the banks I deal with. You had better ask the bank about that before you go writing on the check. Better yet, ask them their opinion on what to do.

Here is what I will say about it. IF it were my check I would simply deposit it into my personal bank account. I would find the dumbest looking teller and simply try to deposit it. I have done this probably 1,000 times. Why? Because, when you sell products like I do folks have a strange ability to write the check to a company name that has some, little, or NO resemblance to your company name, but the check amount matches up to the item sold. So, I just deposit it anyway.

I would deposit it along with four or five other checks at the same time to push it through, to be safe. I would also try a community bank instead of some jerk-off bank like Bank of America. God I hate them!.

I don't think anyone really cares who the check is made to since you are ripping nobody off, nobody is going to complain about theft, the bank wants your money, you are going to pay taxes on the income (right? ), etc...... Who the hell would spend money and time on pursuing you over one check? Screw them....it's your money.

IF it were my check and this guy started acting funny like you said, which I find very odd, then I would check the bank account to make sure the check will clear. Folks don't usually raise a ruckus like that for no reason. That is a red flag. What you do is call the bank and say I have a check with these account numbers and it is for $400. I would use the number $400 just to see if he even has $400 in the bank. IF not....he is stalling you b/c he does not have the money to pay you.

IF he has $230 in the account, then I would go deposit $31 in his account and come back the next morning and cash my check for $260 and leave him with $1 in the bank. I've done this many times.

Good luck!.

I'M NOT A LAWYER....SO CONSULT A LAWYER FOR REAL ADVICE..

Comment #4

Okay well see I agree with you, as I one do not wanna risk writing on his check.. But that's a VERY good point about calling the bank. I def. will do this and see.

Like you said it's odd he hasn't acted like this till now.....

Comment #5


This question was taken from a support group/message board and re-posted here so others can learn from it.

 

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