David Paul Lovik’s Answers

David Paul Lovik

Seattle Business Attorney.

Contributor Level 6
  1. Under WA state debt collection laws can a creditor refuse to accept payment plan if the account is in litigation

    Answered over 5 years ago.

    1. Gregory Charles Dow
    2. David Paul Lovik
    3. Gregory J. Jalbert
    4. Linda Kaye Frieder
    4 lawyer answers

    Look at your credit card agreement. Capitol One is bound under the same terms. Once you have defaulted and the account is placed into litigation (you have been served with a summons and complaint) Capitol One is under no obligation to accept payment plans. Typically credit card companies are more than eager to work out arrangements, even if it means accepting a fraction of what is owed to them. I recommend consulting with a credit repair company and an attorney once litigation is commenced.

    1 person marked this answer as helpful

  2. Can a small business owner be made to hand over his business because he's not running it?

    Answered over 5 years ago.

    1. Lu Ann Trevino
    2. David Paul Lovik
    3. Okorie Okorocha
    3 lawyer answers

    It sounds like a tough situation. From your question I gather that you are passionate about the job. Unfortunately it is not in your hands how the business is run. The owner has every right to run his business into the ground. He is the only one that will bear the responsibility of the missed payments and accrued debts. You do, however, have a valid claim for unpaid wages. I would contact an attorney to look more closely at this issue.

    1 person marked this answer as helpful

  3. I'm a small business owner and just received a letter for eviction. Are there lawyers out that can help me save my business?

    Answered over 5 years ago.

    1. David Paul Lovik
    1 lawyer answer

    Commercial leases are much different than residential ones. You need to look at the terms of your lease. Depending on the circumstances, you may be able to negotiate modified terms to your lease or work out a payment plan. I would consult with a local attorney who has experience in dealing with commercial leases.

  4. I borrowed $ 1500 from a friend a year back. He suddenly died. His son is threatening to sue me in small claims court. can he do

    Answered over 5 years ago.

    1. David Paul Lovik
    2. Chad William Koplien
    2 lawyer answers

    Typically the cause of action would pass to your friends estate. The son, outside of acting on behalf of the estate, would not have standing to bring the issue on his own unless he was a party to the original contract. I would consult with a local attorney if any further action is taken.

  5. Can an estate collect damages in a law suit if the original litigant has since died?

    Answered over 5 years ago.

    1. Ronald Anthony Sarno
    2. David Paul Lovik
    3. Bryan G. Scott
    3 lawyer answers

    Your mother is entitled to the money. Since she has passed away the money would be placed into her estate and distributed accordingly. If you had an attorney handle the probate I would recommend contacting him/her to handle the distribution.