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John Robert Eltringham
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John Eltringham’s Answers

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  • Can i make my juvenile felonys go away now that i am an adult?

    I have a couple felonys as a kid. I am 27 now and i would like to know if i could have them esponged.

    John’s Answer

    You may be eligible to file a motion to have your juvenile record sealed. Sealed records are protected from public examination, but they don’t cease to exist and may be re-opened if you are convicted of an adult crime, or if you are charged with a felony.

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  • What should I mark on the Notice of Infraction that I should sent to the court?

    I got a speeding ticket for driving 46 mph at a 30 mph zone. I should mark one of 3 options: I have enclosed a check, Mitigation Hearing, or Contested Hearing. I hope to get a deferral but there is no such an option on the ticket form.

    John’s Answer

    As previously answered, you can call the court and ask about entering a deferred finding over the phone. Some courts allow defendants to submit a written statement which you could use to request a deferred finding, however it is usually better to appear in court to make sure your request is submitted. If the court does not allow a deferral without a hearing, as my colleagues answered, request a contested hearing and show up in court to request a deferral.

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  • Buying used car on finance from a private party

    I am buying a used car from a private seller. Currently the car is still under loan. If I pay the loan directly for her, the title will mailed to her in 10 days and then she will transfer the title over. Is there any sort of private contract that ...

    John’s Answer

    • Selected as best answer

    10 days is pretty fast for a bank to get a title sent out. I know they do 10 day pay off requests - meaning the payoff given is good for the next 10 days. That doesn't mean title will arrive that fast.

    You need to have a written contract with the seller. Prepare a Bill of Sale with the details of the car: year, make, model, color, VIN, and include the date of sale, the price and signature lines for both. The seller will have to sign a Release of Interest in the car and odometer disclosure statement, both of which are contained on the title. However, there are separate forms available for Release of Interest and odometer disclosure. Dealerships have customers sign those forms all the time. If I recall correctly, those forms have to be notarized. I would suggest getting the contract notarized as well. Additionally, you should be able to direct the bank who holds the title to send it to you since you are making the payoff. Essentially your payment to the bank puts you in the position of the bank - you are replacing the bank who holds the title. That is what car dealerships do when a car with a loan gets traded in. The dealership makes the payoff and the title is sent to them, not the customer.

    I'm sure there are some dealerships which for a small fee would help you out doing all the paperwork and make sure the title is sent to the correct place and then the car is properly titled in your name.

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  • 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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