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William R Sherman

William Sherman’s Answers

3 total

  • Four elected officials from the same jurisdiction attend a public meeting of other than their city council. Is this a violation

    of the opened meeting act? There are 7 elected council, and one elected mayor.

    William’s Answer

    There are a couple of things you'd want to know first. Are the four elected officials all members of the city council? At the public meeting they attended, did all four conduct city business (which can include discussion of city matters)? If so, there may be a violation of Washington's Open Public Meetings Act. The devil, of course, will be in the details about what, precisely, they did and said.

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  • Property damage and bussiness loss

    I had my home flooded be improper install of a washer and it did about 5000 in damage and I run a at home millwork shop I have every thing from my living space in my work space because of it I have lost over 15000 in profit and the compony that ca...

    William’s Answer

    Ordinarily, the person or company responsible for the damage should be liable to you for not only the property damage, but also your lost business during the time that the damage kept you from working. You do have what is called a "duty to mitigate" your damages - meaning that if you could have kept working by moving your shop to another part of your home, or to another location, then the responsible person or company may not be liable for part of your lost business.

    In the end, it will depend on whether you are able to prove that (a) the washer was installed improperly; (b) that they were responsible for the improper install; (c) that the improper installation caused the flood; and (d) that the flooding harmed you.

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  • I have a lien on property, if I sue the owner can I seize the property

    i have a lien and a note filed against a piece of property in King County. I am a contractor and the lien is for labor while the note is for financing provided. If I sue the owner, can I seize the property? what is the best way to recover something?

    William’s Answer

    In general, Washington law has a very specific set of laws by which you can attach someone else's property to satisfy a debt. Once you sue the owner, you will have to file a motion for a writ of attachment. The requirements and the steps are laid out in RCW chapter 6.25 (you can find the legal language if you google "rcw 6.25"). You can only attach property to the extent necessary to satisfy your debt, and you will most likely have to post a bond covering the value of whatever you are attaching. In addition, if you are trying to attach against real property, the homestead exemption may apply.

    I'd recommend that you take a look at the steps in the law, and speak to a lawyer about your options.

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