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Seth Edward Millstein

Seth Millstein’s Answers

9 total

  • Won a small clam case against my old employer in the state of WA by default but need to still collect.

    So they LLC is still open cause my old employer discovered you can avoid taxes by leaving it active, but still owes me and many others money for back pay. I had a hearing and was rewarded 5,000 + filing charge in court due to them not coming to th...

    Seth’s Answer

    You need to wait 30 days, then enter the it as a judgment in Superior Court, get a judgment number, then you can proceed with garnishment, attachment, etc.

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  • We want to apply a lien on a business that failed to complete a signed contract. We have been working on this for 2 years.

    We purchased a display model shed. The builder reassembled it on our lot and for $4K more, raised the roof line and added a staircase to the upper level. Per the signed contract, they did not reinstall the electrical wiring, did not install a ...

    Seth’s Answer

    You're thinking of this upside down, much like it sounds like the construction project was at the end of the day. "Construction liens" are for contractors who performed work benefitting the property who are now owed money. You don't sound like a contractor, and you certainly did not not performed work, and certainly are not trying to "lien" yourself. You need to file suit, and make a claim on the contractor's bond (part of the lawsuit). Otherwise, you have no leverage from a "legal" standpoint, short of a BBB complaint, which in my experience does not do very much, and that's assuming this "upside down" contractor is part of the BBB. If you were to file a "construction lien" there would be 3 problems -- 1. a lien is on property, not a business (until you get a judgment, which is after a suit); 2. if you liened their property, you would be clouding title, and you could end up paying fees; 3. you first need to get a judgment, which requires a lawsuit.

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  • What is the Statute of Limitation for credit card debt in Washington state?

    The last payment was 08/14/2009 was sold on 06/18/2012. The local attorney was hired to collect on 10/10/2012. I sent validation letter on 11/06/2012 and asked for original account agreement, a record of all transactions on the account from ince...

    Seth’s Answer

    The date it was "sold" is likely not important, as the contract you signed with the underlying provider of the card probably allows for sale, assignments, etc.

    The date that matters is when the debt came due. If it's 8/14/09, then it is six years, since it's a written contract (see RCW 4.16.060). More importantly, check the contract (with the original provider). It may very well specify that venue and jurisdiction is not in Washington. If that's the case, check the statutes there, in the state where the case would be decided (Maryland often appears). Again, that might be longer or shorter than the 3 year (for oral contracts -- 4.16.080) or 6 year (for written contracts).

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  • Are Illegible contracts enforceable?

    If a signed contract is illegible, can the collection company copy those signatures onto a similar, but different, legible version of the contract and hold someone to it?

    Seth’s Answer

    • Selected as best answer

    The problem with the question (with all due respect) is it depends how illegible it is. If it's entirely illegible, how would the collection company know what to copy (i.e. what the terms of it are)? If it's partially illegible, and they are not changing anything (i.e. the terms) but just transcribing it to show the court or someone else what it says -- then it depends: if you don't disagree with how they transcribed it, there's no harm, that's the contract you signed. If they change it, then it's fraud. The last issue is could YOU read it when you signed it? If so, and it's been transcribed correctly, then there are no problems with what the collection company is doing, as long as they disclose that the transcribed version is not an original. In short, if you are trying to escape liability, for a debt you agree is owing and due, and using "illegibility" as the reason you should not have to pay, I can't see that working as a good defense. A debt is a debt. If you received the benefit of it and understood what it meant (no one said "hey, ask a question and we'll pull the trigger on the gun") and have capacity to sign it, then the debt is good, and illegibility is not a defense that will work. Sorry to share the news.

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  • Where should I file my lawsuit?

    I lent some money to a friend of mine to help him with a start-up he was creating. The amount I loaned him was $3000 with the promise he would pay me back $4000 when/if his start-up made a profit. It’s been making quite a profit lately, enough for...

    Seth’s Answer

    I agree with the answer already posted (i.e. filing suit where the defendant is located or where the "action" occurred. However, if you are able to serve your "friend" (past tense I'm sure), you can sue him in Washington. You will have to establish to the court, if your "friend" does not file an Answer, that venue and jurisdiction is proper here. This can be demonstrated if you can prove that your "friend" availed himself of Washington law by, i.e., reaching out to you here, or having other routine contacts with this state (such as doing business here, etc.). So it may be more cost effective to try to sue him here and see how he responds. Assuming you can serve him (ABC And others have excellent networks for service), you could certainly check his reaction and then move forward accordingly. However, waiting is not a bad thing here. As the other lawyer pointed out, he seems to have been a success which means you are not likely to find an "empty suit." Again, good luck.

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  • I signed a commercial contract only on the last page along with a witness.All other pages r not initialed.is the contract valid

    the contract i signed is a commercial contract which is 7 pages long. I had corrections on the contract which i asked the client to make before signing it. They led me to belive that these changes were done and i signed the contract on teh last pa...

    Seth’s Answer

    It sounds like you are on solid ground here. At the very least you have a fraud claim (fraud in the inducement). It would obviously be a lot easier to "fight" if you knew exactly what the changes were (i.e. do you have a journal with notes), but you will have to prove that you are not making up the additional terms either; the burden will be on you in this regard.

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  • Consulting contract restrictions

    I am a consultant with a contract that says I cannot pursue a position with the contract companies client for one year. However, my employment was based on full time work with benefits. I am getting neither. Since this contract was violated fir...

    Seth’s Answer

    There is a great case right on point, which stands for the proposition that the breaching party cannot stand on the contract and seek to enforce it. The case is called Parsons Supply, Inc. v. Smith, 22 Wn.App. 520, 523 (1979). The facts are different, but the premise is the same. When is the last time you have notified your "employer" that you have not been paid. This will be a factor if the case is litigated. Good luck.

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  • Can we cancel contract with a contractor without legal problems?

    We have hired a contractor, don't have signed dated contract but description of work in email. Now we realized that he does not have the expertise he claimed to have and furthermore he does not have valid business licence in WA.

    Seth’s Answer

    • Selected as best answer

    Yes you can. The only exception would be if the contractor can show that he did not take on other work, as a result of this contract, and this contractor could therefore make a claim for lost profit on the job. These claims are rare and difficult to prove (for the contractor). The contractor would have to demonstrate that it could have obtained other jobs (not speculative, but actual).

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  • Want to sue contractor for bond, (WA) I'm terrified to go it alone. What's the worst can happen if I fail?

    House fire, ins. co. hired contractor to do repairs and remove items for cleaning. Contractor still has family coin collection and all our clothes. He left job undone, front door to be replaced. Left an uncashed ck from ins. co. I know I can sue f...

    Seth’s Answer

    This response is only to the construction portion. I think the first question is this: do you have a direct contract with the contractor? It sounds like the insurance company does. This will make it interesting regarding collection of attorney fees. Regardless, you need to file suit to make a claim on the bond. Service is through Labor & Industries. The process is fairly simple, but it will be helpful if you can get an accurate assessment of damages (a remedial repair bid). That way you can quantify the claim and the bond company will / should be more willing to pay, assuming its principal does not participate.

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