Jeffrey L Smoot’s Answers

Jeffrey L Smoot

Seattle Bankruptcy Attorney.

Contributor Level 8
  1. What other collection options do we have if prelim lien notices are not met?

    Answered almost 5 years ago.

    1. Jeffrey L Smoot
    1 lawyer answer

    If you did not record your lien within 90 days of the last date you supplied materials to the project, then your lien rights would probably have expired. See RCW 60.04.091. If so, you would presumably still have the right to sue the subcontractor for breach of contract or to recover money due on account. It is possible that you have a claim against the prime contractor if they promised to issue a joint check and you reasonably relied on that promise to your detriment. You should consult with an...

  2. What is the interest rate on a legal judgement in Washington state?

    Answered almost 5 years ago.

    1. Shawn B Alexander
    2. Jeffrey L Smoot
    3. Jonathan Alexander Sprouffske
    3 lawyer answers

    The judgment interest rate can be 25% if the judgment is based on a written contract that provides for that rate of interest. RCW 4.56.110(1). Credit card and other retail installment contract debts typically have interest rates higher than the usury law otherwise allows, so that could be why your judgment interest rate is so high. A voluntary wage assignment is a good idea if the judgment creditor will accept it; it will allow more to go to pay down the judgment balance instead of paying...

  3. Will I loose every asset if its in my girlfriends name of 20 years? If I want to leave

    Answered almost 5 years ago.

    1. Shawn B Alexander
    2. Jeffrey L Smoot
    2 lawyer answers

    Your relationship with your girlfriend would appear to be a meretricious relationship, in which case, assuming you were not able to agree to an equitable division of assets out of court, the court would evaluate your respective interests in property acquired during your relationship and make a just and equitable division. Income and property acquired during a meretricious relationship is presumed to be owned by both parties and is distributed fairly by the court to avoid one party being...

  4. I am looking for an attorney to file a suit for defamation in King County , WA.

    Answered almost 5 years ago.

    1. Jeffrey L Smoot
    2. Mark Randall Arend
    2 lawyer answers

    Instead of filing suit first and then trying to mediate, you should consider trying to mediate first and only file suit if the accuser refuses to mediate or an acceptable settlement is not reached out of court. Defamation suits by their nature tend to be heavily litigated, so if mediation and settlement is your goal it may be better to try to mediate first and sue only if settlement efforts fail.

  5. What does "not reported in P.3d" mean?

    Answered almost 5 years ago.

    1. Shawn B Alexander
    2. Jeffrey L Smoot
    2 lawyer answers

    It means that it is an unpublished opinion, lacking precedential value. See RCW 2.06.040. GR 14.1(a) states “A party may not cite as an authority an unpublished opinion of the Court of Appeals.” The case may be helpful to your understanding of the issues involved, but should not be cited as authority. You can be sanctioned for citing to an unpublished opinion.

  6. How do I file a Judgment agains a body/shop? My car is finished but he wont release it to me becuase were disputing a 25K bill

    Answered almost 5 years ago.

    1. Jeffrey L Smoot
    1 lawyer answer

    A body shop can assert a lien against a car for unpaid charges under RCW 46.71 (automotive repair act) and RCW 60.08 (chattel lien statute). A person running their own body shop falls within the definition of “repair facility” under RCW 46.71.011(3) if he does collision repair and refinishing. He has to provide a written estimate of work over $100 and obtain written authorization from the owner for work exceeding the estimate by 10%, and must post a sign disclosing customer rights. If he failed...

  7. Can I request an attorney to show me proof of hours worked

    Answered almost 5 years ago.

    1. Jeffrey L Smoot
    2. Jonathan H Levy
    2 lawyer answers

    Washington's Rules of Professional Conduct, specifically RPC 1.5(b), require that " Upon the request of the client in any matter, the lawyer shall communicate to the client in writing the basis or rate of the fee." Your son should definitely ask for a statement of time spent on the case. It may be that the attorney has had to put a lot of work into the case that wasn't anticipated (divorce cases go that way sometimes), or the attorney could be overbilling. Ask for an accounting and an...

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