drummerboypj
New member
I would like to start with saying that I understand anything posted in this thread is not official legal advice and I should (and will) seek consult with a licensed legal defender.
Keep in mind all things I post below I have screenshot proof of the conversations pertaining to the incidents in question.
So a few months ago my bands (former) bass player quit after a disagreement.
To give a brief history on the band, the bass player, myself, and two others were under a different name, wrote together, invested money into merchandise, equipment (with the majority of equipment individually still owned personally by members who had it prior to forming) and studio time equally. After attempting to trademark our name at the time and file as a LLC we found that we had to change names. We did so and successfully trademarked and filed under the new name with the same original material from the previous name. We continued to equally contribute to financial situations that arose.
At this point I will say that we had no written or contractual agreements in place for what happens when someone leaves the band or what is the procedure for handling of financial restitution from the LLC to the individual members who contributed (both before and after legal founding of the bands).
The former bass player has now contacted the band threatening legal action for reimbursement of money he put into the band if no restitution is made to him. He states that he has receipts and has taken them to a legal representative and was advised that he had a strong case and we had no defense in the matter of fighting paying him back the money (all of the above statements once I again we have screenshots of).
One more thing... we have yet to get him to agree to sign to remove himself from the LLC.
My questions / concerns in which I seek a general direction of preparation and knowledge before speaking to a attorney are as follows:
1. Does he actually have a case with all of the above information in consideration?
2. Do we have any viable defense having not had any agreement in place prior to him leaving?
3. With consideration to the protection an LLC potentially provides, what if anything can he come after each individual for from before the LLC?
4. How much does the LLC actually protect us?
Anything else you can provide insight on in addition would be wonderful. Thank you in advance!
Keep in mind all things I post below I have screenshot proof of the conversations pertaining to the incidents in question.
So a few months ago my bands (former) bass player quit after a disagreement.
To give a brief history on the band, the bass player, myself, and two others were under a different name, wrote together, invested money into merchandise, equipment (with the majority of equipment individually still owned personally by members who had it prior to forming) and studio time equally. After attempting to trademark our name at the time and file as a LLC we found that we had to change names. We did so and successfully trademarked and filed under the new name with the same original material from the previous name. We continued to equally contribute to financial situations that arose.
At this point I will say that we had no written or contractual agreements in place for what happens when someone leaves the band or what is the procedure for handling of financial restitution from the LLC to the individual members who contributed (both before and after legal founding of the bands).
The former bass player has now contacted the band threatening legal action for reimbursement of money he put into the band if no restitution is made to him. He states that he has receipts and has taken them to a legal representative and was advised that he had a strong case and we had no defense in the matter of fighting paying him back the money (all of the above statements once I again we have screenshots of).
One more thing... we have yet to get him to agree to sign to remove himself from the LLC.
My questions / concerns in which I seek a general direction of preparation and knowledge before speaking to a attorney are as follows:
1. Does he actually have a case with all of the above information in consideration?
2. Do we have any viable defense having not had any agreement in place prior to him leaving?
3. With consideration to the protection an LLC potentially provides, what if anything can he come after each individual for from before the LLC?
4. How much does the LLC actually protect us?
Anything else you can provide insight on in addition would be wonderful. Thank you in advance!
