John Robert Rizzardi's Answers

Process for evicting roommate under WA state residential landlord tenant laws

You are a landlord to your roomate, therefore, you need to follow the Washington State residential landlord tenant laws. Here is a good summary of what you, as a landlord, needs to know: http://www.wsba.org/media/publications/pamphlets/landlord-tenant.htm If there is no sublease written agreement, your roommate is a month to month "at will" tenant, but is still protected by the law that provides rights to tenants. Make sure you follow the law closely. Here is a link to the Washington law:...

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Can i put hundreads of dollars in an ira account & make millions by the time im 60

Using an IRA to make money is a reasonable idea for a person with disciplined financial habits. Essentially, you purchase an IRA each year and deposit the maximum amount allowed under law. Whoever is administering your IRA. or you, make financial decisions for the money and you leave the money and its earnings untouched until you are old enough to withdraw the money without penalty. Although returns on investments can be modest, the growth occurs because you leave the money alone for a very...

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Business structure

This is a fairly complicated question due to the very things you have identified. You will need a good business attorney and accountant to advise you. One question I have is: why bother? If you have a project that interests both of you, you can always enter into a Joint Venture agreement for that particular project. In that way you are only tied together for that one project. If things work out between the two of you, great - then you can do another under a new Joint Venture agreement. If you...

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Urgent. Please help. How can I be in breach of contract when I did not cancel the contract and payments are current?

You called me yesterday. Inform their attorney to put his concerns in writing to you. Then, have that reviewed by a local attorney, making sure to provide your attorney with a copy of your contract.

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Small business going bankrupt.....

As a matter of general law, you can be sued directly (personally) if you have signed a written guaranty that guarantees your payment of your company's debt, or, if you have failed to pay the "trust fund" portion of payroll withholding taxes. In addition, some states assess personal responsibility for failure to collect and pay state sales taxes. Consult a local state attorney for specifics. I also recommend reviewing your accounts payable files to see if you have possibly signed any guarantees...

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Can my non compete agreement be enforced?

These agreements are enforcable in our state of Washington, however, they are the type of agreement that should be studied by an attorney who has experience in employee's rights. The courts generally enforce agreements that are supported by consideration (the bonus) and are reasonable as far as restrictions are concerned. Also, with a good lawyer, you might be able to create an argument that the agreement cannot be enforced or has overly broad restrictions. It might then be possible to...

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What is the statute of limitations for garnishment procedures in WA state, being garnished for credit card debt

You will need to retain a lawyer to review the court's case file and possibly file a motion to quash the writ of garnishment and also move to set aside the judgment. The local Civil Rules, especially Rule 60, has the basis for moving to set aside the judgment. Make sure to assist your lawyer with all of the paperwork and facts that will be needed to tell the story to the court. If indeed you were not served, your lawyer may have to take the deposition of the process server. If you have a...

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Contractor who presents a bill substantially larger than the orally presented estimate.

Mr. Berger provides good advice. Another way to approach it might be to get the contractor to agree (in writing) to not file the lien if you deposit the $2,000 in some type of an account that would be disbursed upon resolving the amount due. Then, give yourselves 30 days to try to resolve it on your own, and if you cannot, you file a small claim action with your local district court to have the matter resolved. (I recommend YOU file because if the contractor files you might have to explain away...

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I feel I have entered into an unethical contract and need help

You are definitely thinking correctly. You need to locate an employment attorney - someone who specializes in representing employees. I think if you use AVVO to search for an employment lawyer in Seattle you will find a number of possible choices. As to your comment that the contract might be unethical, ethics really don't factor much into the analysis of whether a contract is enforcable or not. There will be a number of tests to determine if the contract is enforcable, so you might...

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Ownership percentage agreement

Do you know whether your business is a proprietorship, partnership, corporation or limited liability company? This is important because the form of the business indicates what type of documents you will need to document your ownership percentage. The short answer to your question is that you absolutely want written documents to reflect your ownership rights. Unwritten agreements easily result in disputes that are expensive to resolve, both emotionally and financially. Once you determine...

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