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Michael Duane Daudt
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Michael Daudt’s Answers

202 total


  • Do I need a Washington tax ID & office address? What forms do I and my company have to file? Any tax implications on my company?

    I'm Canadian and co-own a 6 person biotech company in Canada. I'd like to get an E1 Visa to encourage more sales to the US and not have to count my days in the US. I would only be doing sales/marketing in the US, while our equipment would still be...

    Michael’s Answer

    The applicable requirements will depend on what you are selling, how you will be conducting sales and how much you are selling. The information at the link below would be a good starting point for you. Good luck.

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  • How do I keep a neighbor from parking in a Easement?

    I own a property that had a road that ran across it and that road was vacated many decades ago. Our title report now shows a 10’ wide “right of way easement” across our property to get to neighboring properties and our own. We have an adjacent...

    Michael’s Answer

    The fire department won't get involved in this for a variety of reasons, including the fact that it wouldn't be able to use an easement that narrow.

    A demand letter from an attorney would be a good start before filing a lawsuit. If that doesn't work, a lawsuit is your safest recourse. Self help actions often result in retribution.

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  • Could Verizon customers file a class action lawsuit against Verizon to "untie" their phones and recoup over usage data charges?

    Verizon blocks the FM chip in it's smart phones, forcing their client's to use data instead of listening to free radio. From my understanding of Tying, it's defined as forcing customers to purchase an additional service when purchasing another. Si...

    Michael’s Answer

    No. The Supreme Court's Concepcion decision in 2011 makes class actions by customers of cell phone companies impossible by enforcing individual arbitration clauses.

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  • Auto Warranty telemarketer won't stop calling, is there any legal action I can take?

    For months now I have been called and called one time 5 times in one day from a company trying to sell me an auto warranty for a car I don't ha e anymore. It's interruptive and my number is on the do not call list. I tell them I don't have the...

    Michael’s Answer

    You should submit a written request to have your number put on the company's internal Do-Not-Call list. If they keep calling after you do that, contact a lawyer familiar with the Telephone Consumer Protection Act. That Act provides for damages and injunctive relief against robocallers.

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  • Who is responsible and is there a way to get the previous owner to pay?

    I recently purchased a home in Kent, WA. During the inspection, the inspector noticed some moisture in crawlspace, but said just monitor it for leaks and should not be of a major concern. I have owned the house for about two weeks and this is my f...

    Michael’s Answer

    You can always ask the seller to see if they will compensate you for the costs of fixing this. However, you would not want to sue over this. The law in Washington is extremely unfavorable to purchasers like you who discovered part of a problem during inspection. See Douglas v. Visser.

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  • Can one have a class action law suit out and also an individual lawsuit out for the same

    issue?

    Michael’s Answer

    No, you can't file separate lawsuits for an individual claim and a class action for the same issue for the same plaintiff. The individual claim of the plaintiff is included within the class action lawsuit. If the court denies class certification, the plaintiff's individual claim goes forward in the same lawsuit.

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  • Who would i talk to about consumer calls?

    I have been receiving phone calls from this company for 4 yrs even though i told them i dont owe them any money and to stop calling me.

    Michael’s Answer

    Look for an attorney who handles Telephone Consumer Protection Act ("TCPA") cases. The TCPA is a federal law intended to protect consumers from the type of telephone harassment that you are describing, and it provides for recovery of up to $1,500 per call.

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  • Can you help us dealing with Seattle Public Utilities regarding our sewer issue?

    We are having an issue with Seattle Public Utilities (SPU) and hoping that you can provide us with some guidance. Our house in West Seattle is having some issue with the sewer. We contacted SPU and was told to repair it ourselves. However, our ...

    Michael’s Answer

    • Selected as best answer

    This is a very common response from Seattle and most other cities in Washington. Cities routinely take the position that homeowners are responsible for problems with sewer back ups even when the facts point to municipal responsibility. If you engage an attorney to assist you, they will sometimes change their position without the necessity of filing a lawsuit. If the cost of the repair work is more than $10,000, it may be worthwhile for you to hire an attorney to help you with this.

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  • Charged off 2nd Mortgage Statute of Limitation in WA State. What are my options, and when?

    I stopped paying a HELOC in spring of 2012 for a rental property I still have. The first mortgage is current. The HELOC charged off sometime around late 2012/early 2013. The HELOC was originally with National City (2007ish) and was trans...

    Michael’s Answer

    The applicable statute of limitations in Washington is six years.

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  • Can a neighbor claim part of my land through adverse possession if there is already a recorded easement in place?

    Last year I purchased a new home from a developer. I was given a copy of the survey and was told that there was an easement behind the property. I did some research, found the recorded easement and it says that my neighbor has exclusive rights to ...

    Michael’s Answer

    While I agree with the first answer, I would add that it is possible for an easement holder to acquire land within the easement area by adverse possession.

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