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John Robert Eltringham

John Eltringham’s Answers

81 total


  • I received a too fast ford conditions ticket in the mail.

    Do I have 15 days from the date of the ticket or the day I received it, since I received the ticket a few days afterwards.

    John’s Answer

    When infractions are mailed, the court includes a RESPONSE DUE BY date which is usually in large type. As my colleagues stated, you have 18 days from the date of the mailing to respond.

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  • Is it true that the officer issuing a citation has 5 days from the day the citation is issued to file it with the court?

    if the citation isn't filed within 5 days it should be dismissed?

    John’s Answer

    Yes, that is correct - 5 business days or court days - excludes Saturdays, Sundays, and holidays.

    IRLJ 2.2(d) Filing of Notice. When a notice of infraction has been issued, the notice shall be filed with a court having jurisdiction over the infraction or with a violations bureau subject to such courts supervision. The notice must be filed within five days of issuance of the notice, excluding Saturdays, Sundays, and holidays. In the absence of good cause shown, a notice of infraction not filed within the time limits of this section shall, upon motion, be dismissed with prejudice.

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  • Is it illegal to fail to report a felony?

    In Washington state, if someone else commits a felony, by defrauding someone out of $10,000, and I am aware of the crime, am I legally obligated to report the felony to the police? Does it make a difference if I am one of the victims of that fraud?

    John’s Answer

    I also agree with Mr. Blair and Mr. Lawrence. It does not make a difference if you are one of the victims. But then the question is - why wouldn't you file a police report or sue the person for return of the money?

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  • I want to protect my privacy when filing a provisional patent; besides an LLC, corporation etc. are there any other entities?

    Any other legal Entities to register a patent. What is the lowest cost Entity?

    John’s Answer

    Contact a patent attorney. Sometimes there can be a 3rd part filing which can keep an initial provisional patent (usually only provisional for a year - then requires further filings) private or anonymous. Ask a patent attorney in Colorado.

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  • Do I still have to pay my realtor commission after contract has expired?

    We have a cottage in Washington that has been on the market for over a year. In this year, we have reduced our asking price 3 times, to where it is now below what we paid 6 years ago. This leaves us with little to no room for negotiating. We are n...

    John’s Answer

    You should review your listing agreement and see what the paragraph regarding commission states. Depending of which listing form (date) was used, the language might vary some. Usually it states: "Further, if Seller shall, within six months after the expiration of the Listing Term, sell the property to any person to whose attention it was brought, through the signs, advertising or other action of Firm, or on information secured directly or indirectly from or through Firm, during the Listing Term, Seller will pay Firm the above commission."

    If as you state, you found the buyer completely on your own, with no help in advertisement or marketing from your realtor, you might not be obligated to pay the commission. Hire a local attorney to review the listing agreement.

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  • Do we need Directors and Officers liability coverage?

    We have a non profit museum and the board dropped D&O coverage from the general liability insurance stating that since the organization is incorporated, the officers are protected from law suit. I feel the officers and directors are still vulner...

    John’s Answer

    While the Articles of Incorporation and bylaws usually have an indemnification provision holding the officers harmless for losses occurring due to their role in the company, just because the organization is incorporated does not mean the officers are protected from a lawsuit. Directors and Officers Liability Coverage is liability insurance for losses or advancement of defense costs in the event an insured suffers such a loss as a result of a legal action brought for alleged wrongful acts in their capacity as directors and officers. Maybe they get sued and win, but they may still have costs which they would have to pay, the D&O insurance would cover those expenses.

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  • Does an Operating Agreement have any legal backing in an S-Corporation that also has a Shareholder Agreement?

    Due to inexperience and no attorney present, we signed an Operating Agreement and a Shareholder Agreement (as titled on each document). The dispute is wether the operating agreement has any legal backing in an S-Corporation. The agreements were si...

    John’s Answer

    More information is needed to properly answer your question. Was the company incorporated as a Limited Liability Company (LLC) which then chose to file Form 2553 (Election by a Small Business Corporation) to be taxed as an S Corporation? If it is an LLC, there would be an Operating Agreement. Does the Shareholder Agreement (or if an LLC - unit holder - LLC's have units instead of shares) have anything more in it besides the number of shares each person has? An S Corporation can only have one class of stock, so that would be one reason none of you have any priorities, classes, etc. assigned. If the Shareholder Agreement only lists the number of shares/units and silent as to voting, etc. and assuming your company is an LLC, the Operating Agreement may control as it contains voting provisions and in an LLC, members can decide how the member rights are divided and allocated - equally or not regardless of the number of units owned by a member. Corporations have strict rules regarding voting rights. Anything pertaining to the shareholders of a corporation is done on a pro rata basis. In other words, if you own 25 shares out of 100, you’re entitled to 25% of the voting rights, profits, losses, etc.

    I would advise taking your documents to a New York attorney for an opinion.

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  • What are the reasons an IL corporation (LLC or INC) would be involuntarily dissolved?

    We have a customer whose LLC is showing involuntarily dissolved, just wondering what reasons corporations get "involuntarily" dissolved.

    John’s Answer

    LLC's can be involuntarily dissolved because the LLC failed to pay its renewal fee or taxes to the state. Sometimes owners of the companies forget to pay the renewal fee or may just let the company lapse instead of properly dissolving it. Illinois courts have imposed personal liability on officers and directors of involuntarily dissolved corporations.

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  • Does a Milton,Wa. cop have the right to pull me over when I am in Fife,Wa.

    He said my license plate light was out but he was lying. I have to go to court on it at 11 am today and hope to get an answer before then. thank you

    John’s Answer

    If he saw you driving in Milton and pulled you over in Fife, yes. Also if Milton is on the mutual aid agreement with Fife, yes, he can pull you over. As my colleague answered, try and obtain a complete list of agencies which Fife has signed mutual aid agreements with. If I were to guess - I'd think that since Milton is so close to Fife they probably do have a mutual aid agreement.

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  • How do I make my wife treasure of my company?

    I have the shares of the company and a company seal . Do I vote her in and make it official by declaring a percentage of the company?

    John’s Answer

    As my colleague answered, it depends on the Articles of Incorporation and the Bylaws. If you are the sole shareholder, you should be able under the Bylaws to do a "Consent to Action" without meeting and consent to have her Treasurer of the company and give her a percent of the company . If not the sole shareholder, note a meeting and vote her to be Treasurer and vote for a percent of the company to give her.

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