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Saphronia R Young

Saphronia Young’s Answers

576 total


  • How do I legally respond to a claim of lien placed on my landlord's commercial property by a contractor?

    Hired contractor to install flooring for dance studio. Contractor pulled a bait and switch: told me I'd be getting bamboo wood with padding and instead began installing vinyl directly on concrete. I told workers to stop work, told sales about th...

    Saphronia’s Answer

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    You must support your claims disputing the charges in writing. I strongly counsel you to engage an experienced construction attorney, and not just a real estate attorney (they often practice in the transactional side of drafting and reviewing contracts, but not on the litigation side of either filing or disputing construction liens). If you win the lien dispute, the contract will be responsible for your attorney fees. In order to write a really good letter to support the dispute, you should have photos, witness statements (under oath), invoices, and all correspondence / emails organized and provided to your attorney. The contractor has eight months to file suit to foreclose the lien. It does not have to wait the full 8 months, but can file litigation immediately if it chooses. You would respond by filing a claim against the contractor's bond (a $12,000 bond for general contractors; $6,000 for specialty contractors). The fact that you have a specific need for the flooring to be appropriate for a dance studio will help. However, you must demonstrate that you advised the contractor of this, or that your business name, location, etc. makes it obvious. The contract itself is the starting point for any analysis, and it will be difficult for you to get far at all without a copy. Demand a copy of the written contract immediately, and if there is no signature by you, or you don't agree that it is your signature, advise your attorney. The attorney can go to their offices or their attorney's offices to review the original.

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  • If a will has been found AFTER probate has been filed, how long does the person holding the will have to turn it into the court?

    So my father died, the brother said he left no will. So we opened intestate probate 7/2. The brother left for Alaska and the surviving spouse nominated me as the personal representative. Today, the brother EMAILS an electronic copy of a very sh...

    Saphronia’s Answer

    An email, a copy, a fax is insufficient. Advise the brother that you must proceed intestate unless and until he produces the original. He can overnight it to you. Then, you really should obtain an attorney. A spouse that is not mentioned in the Will still has significant rights under WA law. You cannot simply give this brother everything and attorney fees will be paid by the estate.

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  • Is it legal for an executor of an estate to randomly choose the value of an asset (house) and buy it without any consequences?

    House Value $275,000 by Zillow and local comparisons Price paying for their ownership 20% less

    Saphronia’s Answer

    You can certainly challenge this, but if you do so, please be aware that if the court approved it, your challenge will be difficult. If no court oversight is involved, which commonly it is not, you need to be aware of time frames and specific requirements for challenging this. I would consult with an attorney to review the probate file, send out required notices, contact opposing counsel (if any), ensure that there were no factors that Zillow could not have taken into account, and do this before all of the money is spent or the executor has moved to Borneo. It is worth the attorney investment to do this right. But, the short answer is that this looks at first blush to be "self dealing," which is prohibited to any fiduciary.

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  • Recovering documents for interrogatory in divorce

    I am going through a divorce. I am pro-se, my husband has an attorney. I have numerous time requested financial records, from the interrogatories that were given to my husband, his attorney has told me that if I want them I must pay for all the c...

    Saphronia’s Answer

    I think you have a few choices, but this will all depend upon what stage of the litigation you are in...just starting, mid-way, or trial is next week? Options are: (1) advise the attorney that scanning and sending the documents to you in pdf format by email is acceptable, so not copying costs are incurred by either side; (2) advise the attorney that you are willing to go to her/his office to review the documents and only mark those that you do not already have and that are truly important for your case for copying by a legal copy service. They are usually fairly reasonable if you do not need a lot of copies in color, larger than normal typing paper size, (8.5 x 11 in.) and don't need to remove a lot of sticky notes, paperclips, etc. (they call this hand-work and glass-work, and it costs a bit more). Put all of your requests in writing, and if no cooperation, you can file a motion with the court requesting assistance and sanctions against your husband and/or his attorney. If you are low income, you probably don't have the option of free legal help unless allegations of abuse against you or your husband are part of the case. If so, then call 211 which is the legal aid hotline.

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  • Forced to work "overtime" short notice...

    Okay so I was asked after my last break to help on shipping and I said okay...but when it was the last 5 minutes before it was time for me to get off I was told "You have to stay until everything is gone" I told my ass. manager that I couldn't bec...

    Saphronia’s Answer

    Bad management is legal, but if a continuing pattern of unequal conduct and truly unreasonable behavior continues, you could try to claim that you were constructively terminated. This is a very dangerous way to try to get unemployment benefits, because the Employment Security Department sees a lot of frivolous claims. Most "constructive termination" claims are denied, so you should, in my opinion: (a) not volunteer to keep working beyond your shift, as you have seen a pattern develop; (b) explain in writing to HR why you will not volunteer in future and demand that it not be held against you as any type of attitude or insubordination issue; and (c) begin looking for work at another employer. Unless you are being targeted for your sex, age, race, disability, religion, marital status, sexual orientation or whistle-blowing, activity (or some other illegal basis I failed to mention), bad management, bullying and snarkiness are currently legal. There is a movement underway to make bullying actionable, but we are a long way from that place right now. You may want to submit a complaint to L&I, and request anonymity, as part of your message indicates that you have been docked pay although you actually worked. That is completely illegal, and is a wage and hour violation that can rain much grief down on your employer's head.

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  • Can I sue a general contractor for money owed?

    I am a subcontractor that has done work and I am NOT getting paid. I am owed $20,000 that is 60 days + past due. I have been on a weekly schedule payout for work that is 30 days out. And now the general contractor never has my money on a weekly ba...

    Saphronia’s Answer

    File a lien. You only have 90 days from the date you last actually worked on site (keeping your tools there, or going back to clean up, or performing very minor punch list items won't count). File your lien now, and send it by certified mail to all persons with an interest in the property within 14 days. Assume that all deadlines here are the very most outer limits. These are statutes of limitation, and they are serious and final and no excuses. The failure to send by certified mail will prohibit your recovery of attorney fees from the property owner. if you've never filed a lien before, consult an attorney because they can be very tricky. After you've done a few, most contractors can do them without legal assistance.

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  • Do I have to testify for a former employer I no longer work for? A former employee is suing them. Should I be compensated time?

    I have been asked to testify by a former employees attorney because he is suing them and I was contacted by my old employer who laid me off last year saying they also wanted to talk to me. I don't support either one and why should I take time away...

    Saphronia’s Answer

    You do not have to unless a subpoena is properly served upon you personally. You cannot be compelled to travel outside of your own county without compensation for your travel costs. Your time itself is not required to be compensated, unless you are an expert witness (which you are not in this case). As an attorney, it makes me proud when people do willingly testify truthfully, as it means that our system can work. As an individual, I understand the strains and demands on your time. Often, cooperation during a telephone call will mean that a subpoena will not follow, or a general agreement by courtesy stipulation between everyone means that you can testify by telephone, or by skype, as long as you have had an opportunity to review any documents in advance. It is dangerous to simply ignore a subpoena if it is properly served upon you, however. If that happens, I recommend that you consult with an attorney. If I really need a witness and my less formal measures are not successful, I proceed to spend money and time to do it properly and if a properly served subpoena is ignored, you can be found in contempt of court. Serving a party over state lines would require them to open a case in Washington and proceed from there. However, if you are a key witness (and both sides know it), they may well take this step.

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  • Company closing office - co-workers laid off, I'm being offered work as a "consultant" if I turn it down, can I get unemployment

    The company I work for is closing it's office in our area. My co-workers were laid off. I am being offered continued work with the company as a "consultant" (or contractor). It would be the same rate of pay - but I would be responsible for payi...

    Saphronia’s Answer

    Telling you that a future contract may be possible using you as an independent contractor is not the same as full employment. However, ESD is eager to deny benefits these days. Before accepting or rejecting this, I would ask your employer to place the offer in writing so that you can understand it. Review it with somebody at ESD, if possible, or with an attorney (it would take 1/2 hour, probably). It sounds to me like you probably are not being offered actual employment, so could apply for ESD benefits until the contracting work comes through (if ever). I wouldn't bank on it. Do not accept their form of contract if they do present one, however. They must be treating you differently for a reason, so I strongly suggest you consult with an employment attorney before signing anything. Often the employer is really just after a noncompete and confidentiality agreement that they failed to get from you earlier. It would be foolish to sign something now.

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  • Breaking a noncompete agreement?

    I've signed a noncompete agreement with a CRO that is headquartered in North Carolina and I live in Washington state. Does the non competition laws of North Carolina apply to me or Washington state?

    Saphronia’s Answer

    Washington law applies unless the contract says otherwise. Even then, it is likely that Washington law would apply if certain issues are part of the dispute. You would need to provide more information, but probably not on the internet.

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  • Final paycheck never recieved

    my old boss told me that she mailed my final check out to me. and it hasnt shown up. and its been ober a week... she now says i have to pay her 35$ out of it to cancel payment on old check... can she charge me fr that... seeing as i never recieved...

    Saphronia’s Answer

    I would ask her to document this request in writing so that you can discuss it with your contact at Labor & Industries. If she sticks to her guns, then you should volunteer (if possible, and in writing) to pick up the paycheck. If she refuses, then ask her to put that in writing also. I don't know that you will find a specific guideline about this topic with the Labor & Industry FAQ's on their website, but it is a silly position for her to take. I can't understand why anyone would claim to not get a paycheck they need. Call L&I if you are not paid by the next pay period. You may also want to call an attorney by that time.

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