Peter Robert Dworkin's Answers

What is my liability under standard debt collection vs. construction debt collection and how could my bankruptcy effect it?

The answer to your question is complicated, and based on what you're saying here, not easy. The contract is going to govern your relationship and legal obligations with the contractor. You speak some of "the contactor's state" and "your state." I presume the contractor is from Oregon? Without seeing the contract terms betwee you and the contractor, it is difficult to tell you what rights either you or the contractor has. However, in my experience, the contractor is entitled to get paid...

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Regarding Real Estate.....Title...

"Title Elimination" usually refers to a mobile home or "manufactured home." Mobile homes are often classified not as "real estate" because they can be moved. Mobile homes that are not real estate are issued a vehicle title by the Department of LIcensing. They are not taxed as real estate by the county auditor. However, a party can request a DOL title be "eliminated" and the mobile become part of the real estate. This avoids the need for a person to continually renew licensing with DOL...

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Daycare has broken some policy's & WAC's. Gave written 2wks notice (is 4 per contract) but kids haven't gone back. Not paying...

Whether you have a right to "terminate" a contract early depends on the terms of the written contract, so it is tough to say without seeing the actual agreement/contract between you and the daycare. In most circumstances, if one party breaches a material term of a contract, the other party may choose to no longer perform their contractual obligations. Therefore, if in the contract, the daycare has agreed to provide adequate care for your children, and they have broken that part of the...

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Can tenant break lease due to terminal illness? Days of life are numbered.

The answer to this question depends on whose name is the lease in. If the lease is in your father's name and he passes away, the liability on the lease will go to his estate. If you are co-signers or co-tenants, you may be responsible for his part. You should try and contact an attorney to dsicuss this issue and to go over your paperwork and lease, as that will be the controlling document.

Special condo assessment

All of the below assumes that the assessment was valid. I am not a condo expert, and cannot comment on that. Further, any condo expert would have to first look at the Condominium Declaration (that created the condo) and association resolutions creating the assessment to see if they were done properly. However, assuming it is correct, how to get out of this depends on what equity you have in the property. If there is enough equity, you could sell the condo and pay the assessment out of the...

How would I find out the required forms and notices for a contractor in the state of washington to give to a homeowner?

The Department of Labor and Industries has alot of information for consumers such as yourself. The general website link for information on hiring and checking if contractors are licensed is: http://www.lni.wa.gov/TradesLicensing/Contractors/default.asp. Your contractor is required to give you a "notice to customer" form under RCW 18.27.114. Failure to provide you with this form is a consumer protection act violation and also, as a result, the contractor loses his lien rights. Failure...

Where do I go to file an intent to lien for material furnished on a construction job?

Liens in Washington are in "derogation of common law" and must be technically perfect to be enforceable. This means that the statutes governing when liens are appropriate must be followed exactly. There are a number of statutes that govern pre-lien notices and liens themselves. Whether you have to submit a pre-lien notice (and when, and what form) is a factual question that can be answered only after a specific analysis of your situation. That being said, there is no damage done if you...

What right does a tenant have when disputing damage deposit?

You have alot of rights. First, make sure your landlord complied with all of the applicable act - the Residential Landlord Tenant Act (RLTA) at RCW 59.18. You can look at it here: http://apps.leg.wa.gov/rcw/default.aspx?cite=59.18 Particularly, look at 59.18.260 - 59.18.280. This sets specific parameters and procedural steps a landlord must first take before taking and/or retaining a deposit. Finally, if you beleive the landlord owes you the money and has not complied with teh RLTA,...

Can the landlord withold deposit on the terms of the renters violating the terms of the lease after we've moved out?

It depends on what the deposit was for. There are strict statutory rules on when and how a landlord can keep a deposit. These can be found in the Washington Residential Landlord Tenant Act (RLTA), at Revised Code of Washington (RCW) Chapter 58.17. You can find it online here: http://apps.leg.wa.gov/rcw/default.aspx?cite=59.18 RCW 59.18.260 deals with damage deposits and sets forth that for a landlord to validly collect a damage deposit, they must have a written checklist of existing...

Service of Process on Surety Company

Service of process on insurance companies is governed by special rules. How you serve depends on whether the insurance company is a "foreign" or "domestic" insurance company. Your first stop should be to go to the Washington State Insurance Commisioner's website. They will have some information for you. Foreign insurance companies are served by serving the suit on the Insurance Commissioner, who then forwards the suit to the insurance company's agent.