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Gavin Nathaniel Johnson
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Gavin Johnson’s Answers

130 total


  • Im a business and have a few customers that have not paid....

    .....and it is too late to file a mechanics lien....what can I do? some of them live out of state....

    Gavin’s Answer

    Typically you'll want to send a demand letter that outlines the amount you are owed, the terms of the agreement under which the fees are owed, and your ability to pursue legal remedies if the amounts are not paid. Often these letters have more force when they are written and sent by a lawyer.

    Do you have a written agreement with these customers? Are you willing to accept less than the full amount? Are you willing to allow the customer to pay according to a payment schedule, i.e. not a lump sum payment?

    These are some of the questions you should have in mind when you decide how to pursue the collection. It'd be ideal to sit down with an attorney to discuss more of the details surrounding your situation. You can contact our Tacoma office to schedule a free consultation if you'd like, http://tacoma.invigorlaw.com/

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  • We have a startup with a team of 9 people and we just release the beta of our saas product and thinking M&A

    We have a startup with a team of 9 people and we just release the beta of our saas product and thinking M&A. We are negociating deals with 2 companies and would like to explore M&A the same time to be acquired by a company that has bigger sales mu...

    Gavin’s Answer

    Valuation for startup companies is more of an art than a science, i.e. there's no standard rule or formula for valuing an early stage company. There are a plethora of facts and circumstances that go into valuing a company, including how attractive the company is to the potential buyer, the upside (or "scalability") of the product or service, the financial projections, the size of the potential market, etc. etc.

    I'd encourage you to sit down with a business attorney to discuss your company, your objectives, and ways to accomplish these objectives. If you do move forward with selling your company, you should consult with an attorney to help put together the legal documents that are necessary for the transaction. You'll also want legal counsel to advise you during the due diligence stages of the acquisition process.

    In short, contact a business attorney to discuss the details of your situation.

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  • How do I remove a "Manager"/partner in an LLC that was just formed?

    He has not signed an operating agreement; he stated that he wanted to be involved but once the documentation came & it was time for him to sign the agreement I have not been able to contact him nor has he returned any of my calls or texts which we...

    Gavin’s Answer

    I agree with the prior answer. You will want to sort this out before moving forward, as the partner could come back down the road and try to claim a portion of the company profits. You should contact a business attorney to discuss the rest of the details and figure out what steps to take to ensure proper removal of the partner. Feel free to contact our Tacoma office to set up a free initial consultation, see http://tacoma.invigorlaw.com/ for contact information. Good luck!

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  • I have formed an LLC in WA State. When can I expect to receive the Articles of Incorporation?

    I just received the certificate for my LLC; it contains the info that I put in in order to establish the LLC but nothing else.

    Gavin’s Answer

    You should receive your official Certificate of Formation with the Secretary of State's seal in 7-10 days from the date you filed your certificate of formation. This document will be mailed to the mailing address you included in the certificate of formation you filed.

    If you filed online, you most likely completed your initial annual report. If not, you will need to file this initial annual report within 120 days of filing the certificate of formation. There's a $10 fee for filing the initial report (if you didn't already file it with the certificate of formation).

    Hopefully this answers your question. Feel free to contact me if you have any further questions.

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  • What is the maximum geographic area an employer can ask for and how long can the contract legally be made for in Wa state??

    My boyfriend started working for a mobile paint company however he knew the tricks of the trade since he has been doing body work, painting and full restorations prior to this job for the past 10 years. They had him sign a non compete clause but n...

    Gavin’s Answer

    I agree with the prior answers. With non-compete agreements, it is a facts and circumstances test to determine whether the restrictions are reasonable and enforceable. An attorney will need to see the non-compete clause, review the circumstances surrounding the type of employment, location, availability of substitute employment, etc. in order to determine whether your boyfriend's non-compete is reasonable.

    If there was no consideration provided by your boyfriend's employer, i.e. they did not give up anything of value in exchange for your boyfriend signing the non-compete, then the contract may be unenforceable. However, if your boyfriend signed the non-compete as a condition of his employment, i.e. he'll get hired if he signs, then consideration may not be an issue here.

    Take a few minutes to talk with an attorney about the situation. I'm sure it will help clarify your boyfriend's rights in this particular situation.

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  • What is the best option to move a LLC.

    Trying to stay away from setting up a foreign LLC as that would add additional overhead of maintaining two LLC. Looked into setting up a new LLC but I would like to preserve the exisiting LLC. Forgot to add that the LLC is being moved from NV to WA.

    Gavin’s Answer

    I agree with the prior answer. There are a lot of details that I'd need in order to assist you with this issue.

    That being said, I'll throw out a few options that seem to fit your situation. You can merge the Nevada LLC into a Washington LLC and then dissolve the Nevada LLC, and this requires you to file articles of merger in both states and file for dissolution in Nevada to close the existing LLC. That's the more complicated option. And depending on your objectives it may not be the best option.

    Second, you can simply register your Nevada LLC in Washington as a foreign entity. This will not increase your overhead (other than having to pay state fees in both Nevada and Washington). This is a simple transaction and you can likely accomplish this without the need of an attorney, see http://www.sos.wa.gov/corps/LimitedLiabilityCompaniesLLC.aspx. Of course, there are other license/permits you'll need to obtain if you intend to do business in Washington state.

    You should sit down with a business attorney to discuss the additional details of your situation and make sure that you can accomplish your goals by taking the right steps. Good luck!

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  • Important factors should take into account when deciding on the mix of debt and equity finance

    Duncan

    Gavin’s Answer

    I agree with the previous answer. Here are a few more articles you can read that discuss advantages and disadvantages of debt and equity financing:
    -http://www.seattlesmallbizlawyer.com/debt-vs-equity-post-1-advantages-and-disadvantages-of-equity-funding/
    -http://www.seattlesmallbizlawyer.com/debt-vs-equity-financing-post-2-advantages-and-disadvantages-of-debt-financing/
    -http://www.seattlesmallbizlawyer.com/debt-vs-equity-financing-post-3-the-hybrid-approach/

    You'll want to pin down your objectives for your company, i.e. projected growth, revenue, etc. in order to determine what financing model makes most sense for your company. You should sit down with a business attorney once you're ready to discuss your financing options and the procedures for raising the necessary capital for your business.

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  • Is it legal to sell per - made Jell - O shots to bars in Washington state ? What kinds of licensing / permits are required ?

    Aside from manufacturing out of a commercial kitchen, what does this require?

    Gavin’s Answer

    Your best bet for an immediate answer is to call the Washington State Liquor Control Board: http://liq.wa.gov/

    If you intend to build a legitimate business around manufacturing and selling your Jell-O shots, you should take the necessary steps to register your business with the WA Secretary of State and the WA Dept of Revenue. If you intend to do business in the City of Seattle, you'll also need to register your business with the City of Seattle by filing for a local business license.

    When starting a business, its always best to contact a business attorney to assist you and ensure you're starting off on the right foot. It's much easier to do things right from the start than trying to fix things down the road.

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  • What Washington Court do I file "Breech of Contract" "Fraud" and associated other complaints in, and where to find case refs.

    I am pursuing a law firm for not doing its job and stressing me along for over a year with no information to show they were doing anything.

    Gavin’s Answer

    You should contact the Washington State Bar Association to discuss your situation. The Bar Association can direct you to the right people to help you resolve your matter and remedy any problems you're facing. Here's the website: http://www.wsba.org/

    You should also consider contacting another attorney to discuss your matter. The attorney can help you figure out what claims are available for you to pursue and how to pursue these claims. You'll want to gather all of the evidence you have of any wrongdoing and present this to the attorney you talk with. You can find a local attorney by using the search feature on this website, or you can ask the WSBA for a recommendation for an attorney in your area.

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  • Is there anything I can do to cancel the contract?

    I got many calls from same number last month, and finally I answered. It was a women, she said that she's from Family Readers Inc. and told that I have contract with them for 30 months for men magazines and she needs my card number to charge me to...

    Gavin’s Answer

    I can't imagine that a credible magazine company would charge its customers $50/month based on an oral contract. This does not sound like this is a legitimate company, and should contact your credit card company to cancel any future payments, as well as try and get reimbursed for the prior charge. Do a quick Google search and you'll notice that you're not the first to run into this problem with this company.

    You should make sure and document all of your correspondence with this company, including any oral or written correspondence. You can send a letter to the company (so its in writing) stating that you never entered into any contract and demand that you are refunded the money you were charged. Furthermore, you should state that the company is not authorized to charge your credit card for any further payments and you intend to enforce your rights to the fullest extent possible. Ask the company for any evidence that there is any valid contract. Of course, letters such as these tend to have more force when they are drafted and sent by an attorney.

    Again, document your correspondence, contact your credit card company, and contact an attorney if you continue to run into problems with this company.

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