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I need some good legal resources for being able to handle the substantial debt I've incurred starting up my business. I am in settlement with one, but I owe so many others that I am unable to pay until I finish settling this debt, and then I'll settle the next and so on. I have a few accounts that are in the Law Office of so and so. Do I need to call them back because they don't tell me who they represent on the voicemail. I live in Texas, so would need contacts familiar with small business debt. I tried a debt negotiation company, but those don't work for me and end up costing me more.

Try posting your question in the forum below.
There are quite a few lawyers who frequent the forum, and others have dealt with Texas law on debt.

Hi, I have read a previous post regarding equal pay and law based on age but mine is a bit different - I was part of a team of two running a shop - I was shop sales and there was a manager too. 4 months ago the manager left and I was offered his position - or to put it another way, I either took over running of the shop single handed or close it down and be out of a job as the owner is a builder (it’s a small builders merchants) and has no idea how to run it - unbeleiveble as that sounds, which meant incorporating all managerial duties into my own. I know at the time he was being paid £10.50 per hour and he was working an average of 20-25 hours per week, to quote him “Rob (the owner) says as long as I do what I need to do I can leave when I want” so he did, usually at lunchtime, often earlier - however the shop is open from 8-4.30 everyday, half day on saturday till noon & closed sunday. Long story short he was paid £10.50 per hour for a 35 hour week (verifiable in the company pay accounts) but working 20 - the owner when I took over only offered me £7.80 per hour and I work for the entire duration the shop is open 46.5 hours - as you can see there is a MASSIVE discrepancy in the take home pay at the end of each week - he claims it is irrelevant what Paul was being paid BUT, I am doing all of his previous managerial duties (accounts, stock control, banking - basically everything a shop needs to do to function on a daily basis) as well as the ones he didn’t do, as when we were both in the shop I did the majority of the selling.

I have asked the owner for £10.50 per hour for the hours I work but when he did the calculation and saw it was £488 per week he basically said that it was too much, I reminded him that even at that level he was still saving £7k from the previous combined wage bill to the shop, he said “I don’t care, it’s too much” - and he made it very clear there was no negotiation available. Since I have taken over other issues have arisen such as lunch breaks etc but my main concern is the pay difference.

I am seriously considering applying to acas for a hearing for equality of pay under the “like work, like pay” and using the argument that the position of shop manager has an established pay rate (Paul was paid that rate and did those hours for approx 9 years) which I feel I should get, but I would like a second opinion or third.. as to whether it has any weight - I have read that acas can charge a fee upwards of £500 for hearings if they think it should not have been brought forward.

oh and the material value of employees argument is virtually null as the manager was only at the shop for a year longer than I and I have made just as large a contribution (more some might argue based on sales) to the ongoing trading and value of the business.

Lastly I have thought about calling his bluff and tending my resignation but he has planning permission for the premises to turn them into maisonettes, so even though there are loans and debts against the total value of the business and property - I don’t really have a trump card to play, and to be blunt he has quite a lot of the F* you attitude.

Sorry to make it so long but I wanted to make all the relevant points I thought should be mentioned.

Any answers or suggestions will be read and gratefully received, but please no “just quit” as that is a last resort, now I’m manager I feel I can make it a much more profitable outlet, I’m just hoping arbitration might make him see my value and that its better to keep it running and profitable than shut it.

I do not think that in your case the equal pay regulations are applicable. You are a sole employee and are not doing exactly the same job as another EXISTING employee. Effectively, if you take on the managers job, you are a new hire in that position and the shop owner is under no obligation to pay you at the same rate as the previous manager. You make a lot of the hours the last manager worked but despite what he said to you, it is highly unlikely that the owner realised just what hours he was working.

Now at the moment you are up in arms - and i do not blame you at all, i am on your side - but many many years ago i was in a fairly similar situation than yours but took a different viewpoint. At the moment money is your sole concern, but there are other aspects that you should carefully consider. This particular cloud has a solid silver lining you know.

You obviously have the work ethic, the get up and go and the ability to have the prospects of a management career in the retail sector. THE hardest management job to get is that first one, the first jump from just another worker, no matter how valued, to management. Just how many people you manage is neither here nor there. The important bit is to get the title ‘Manager’ onto your CV. Once you get that, unless you are a total idiot, every job you get from now on will be in management. You will have made the transition that 90% of people never get to make!

In your shoes i would look to the long term gain, not the short term one. Go back to the owner and negotiate - tell him that you will do the Managers job for one year on the salary he has offered you providing - (a) He issues you with a contract of employment that names your job as ‘Store Manager’.
(b) That he agree’s to review your salary 12 months from now when you have had a chance to prove yourself to him.

My guess is he will jump at that - in his book he will have won. Actually in the longer term you will be the winner. Believe me! This is your chance to kickstart yourself onto better things in future.

I am near retiring now, had my first management job at 23 and never looked back. In 11 separate management positions i was never once asked how many people reported directly to me! In my last salaried position in commerce (I am using the last 5 years of my working life doing something totally different to anything i have ever done) i had nearly 400 people reporting to me.

Can your company's accounts be frozen for personal debt?
I've been fighting a judgement lost by default as the attorney was in negotiations with me and was going to settle, then he proceeded to court without my knowledge. He sued me personally, but my company whom I am part of is an llc. They are trying to hold be liable for a contract signed with a vendor 6 months before I was on the project. Now they just froze my company funds. Yet they didn't sue the company and I am not an officer. I am the designer. My husband is CEO and it is just a small operation, with six employees. My children are the other "board members". I am fighting the original judgement and am trying to get it thrown out because of his business ethics. Right now we can't operate because all our funds are frozen. His exwife was my client and I think she couldn't get the money out of the company that did screw up, and figures she could get it out of me.
Okay, the llc was not sued. I have insurance on that. They sued me personally. According to our state statutes, I am not a member. My husband and adult children are. If they had sued the llc, theinsurance would have paid for the attorney and covered my fees. But they sued me even personally, so I am not covered and don't have the resources. They have frozen everything and it wasn't even our company who ripped her off. Her name is on a contract with them six months before we were even hired.

No. As part of an LLC, the LLC is safe. However, the economic benefits you receive from your shares of the LLC can be collected. This means you won't receive any payment of dividends from your shares.

Does anyone on here work for a debt consolidation or credit counseling service? If so, my question is directed to you.

What do the credit counseling service companies say or do with the banks that I can do on my own? What type of offers do they make the bank? Is there a certain % of total debt they start with? Do they make multiple counter offers back and forth or is it just a one-shot chance with the bank? I owe over $30k to American Express and had it down to only $3k about 2 years ago, but life happens and we had to live on the credit card for a short time, and the charges and interest just keep piling up.

Any and all comments on bank negotiations are welcome here.

I work for a credit counseling agency. What you are talking about is a debt management plan. Usually we have pre-existing arrangements and it really depends on the credit card company as to what they have agreed to reduce (payments, interest, or both). I would suggest you talk to one of our counselors. Its free for the counseling session and depending on your state, the fee to set up the DMP would be minimal or less than $50. This is due to maitanence—we are non-profit and partnered with United Way. Call us today. 1800-251-CCCS (2227) or visit us at www.cccsinc.org for more details.