Robert P Dickson’s Answers

Robert P Dickson

Tacoma Litigation Lawyer.

Contributor Level 7
  1. If a customer writes Paid in Full on the check when there is an outstanding balance, are they still required to pay the balance?

    Answered almost 2 years ago.

    1. Robert P Dickson
    2. Christopher Daniel Cutting
    2 lawyer answers

    Generally, having a "paid in full" annotation on a check that is then cashed by the creditor might comprise an "accord and satisfaction" of the debt. Obviously, a court might look at the factual background and make determinations as to the meeting of the minds in that situation, but it is certainly easy to avoid by simply rejecting the check and requiring that a new check be issued which omits that language. Remember, provided you followed the proper statutory lien notice requirements, you...

    6 lawyers agreed with this answer

  2. Do I have to provide evidence of my claims when I am responding to a contempt motion?

    Answered almost 2 years ago.

    1. Robert P Dickson
    2. Robert Bruce Kopelson
    3. Constantine D. Buzunis
    4. Charles Michael Tobin
    4 lawyer answers

    Reading between the lines a little, it seems to me that you must have failed to comply with some order that was issued by a court. Depending on what exactly you've done to violate that order may alter how (or if) this question may be answered. The initial burden of proof is upon the party bringing the motion. Here, they would have to show that you violated an order that was properly issued by the court. Now, to contest that motion, and assuming that the other side has provided enough...

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  3. Put 20 day notice in at apt ; landlord wants full months rent for staying first 2 days of next month-march,can they get it ?

    Answered almost 2 years ago.

    1. Robert P Dickson
    2. Christopher Daniel Cutting
    3. George Costas Andriotis
    3 lawyer answers

    Landlords are required to provide a premises that is habitable. It would seem to me that the landlord has not lived up to his statutory obligations. That said, you must follow certain legal requirements in order to justify breaking the lease. In particular, you are required to provide notice to the landlord regarding the deficiencies in the location and he's allowed a time to correct those issues. As to your question about the rent, if you followed the proper notice procedures spelled...

    5 lawyers agreed with this answer

  4. What are my rights and do I need to hire an attorney??

    Answered almost 2 years ago.

    1. Robert P Dickson
    2. Ryan Vancil Esq
    2 lawyer answers

    This may not be the appropriate forum to answer this question fully. It appears to me that there may be far more detail that should be examined going forward. Be that as it may, I think it is highly unlikely that you would be criminally liable for taking the property that was essentially abandoned. It may come down to what the prior owners knew, and when they knew it. The smartest next move might to simply do nothing. If these individuals really are not motivated to collect the items that...

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  5. Bona fide earnest money . Affects on tenant under this stipulation

    Answered almost 2 years ago.

    1. Robert P Dickson
    1 lawyer answer

    It is difficult to answer your question without more data. It appears that this is an issue with transferring property that already has an earnest money agreement signed, but that involves the tenants whereby an ALTA was obtained. You may need to provide more information for a more detailed answer. However, there is one big issue that I saw in your paragraph which you may not have anticipated: in Washington state, you cannot purchase property on a mere gentleman's agreement or, "handshake."...

    3 lawyers agreed with this answer

  6. Could I build a fence on the property line? The neighbor has been using part of my property as his driveway

    Answered almost 2 years ago.

    1. Christopher Lee Thayer
    2. Kevin Coluccio
    3. Robert P Dickson
    4. David B Pittman
    4 lawyer answers

    For real estate attorneys, this is a common problem we run into. One of the other attorneys is exactly right, this is not likely and implied easement, but rather a prescriptive easement. The difference between an implied easement and prescriptive easement, is that a prescriptive easement is gained by virtue of use over time. It's similar to adverse possession, however the property isn't used exclusively. (A classic example of a prescriptive easement is often a driveway which traverses a section...

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  7. Is it illegal or legal to be in Amway business? it's considered as being partner with them

    Answered over 1 year ago.

    1. Karen-Lee Pollak
    2. Robert P Dickson
    2 lawyer answers

    Unlawful.

    2 lawyers agreed with this answer

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  8. Small claims court or lawsuit against a credit union for breach of contract?

    Answered almost 2 years ago.

    1. Benjamin T G Nivison
    2. Robert P Dickson
    2 lawyer answers

    My colleague is correct. I would emphasize going the route of working within the credit union first. Usually, credit unions (given their nature) are reasonably responsive with these types of situations. You're likely going to have to come up with pretty detailed evidence that will support your assertions. (This shouldn't be particularly difficult given that there is likely a police report.)

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  9. Can someone who lives in California sue me?

    Answered almost 2 years ago.

    1. Daniel Nelson Deasy
    2. Christopher Daniel Leroi
    3. Robert P Dickson
    3 lawyer answers

    This would appear to be dependent on whatever arrangements you had with this individual. In other words, if this car is used both by you and the cosigner, as joint tenants, then perhaps there is Is no recourse and he cant claim to be owed anything. However, if there was an understanding that you'd pay half of the amount owed on the car, then you might be bound by some form of oral contract. A lot would depend on what state law controls the arrangement. To answer your broader question, however,...

    4 lawyers agreed with this answer

  10. Does the interpretation of a CR2a Agreement change from a temporary fix to a permanent fix when it is incorporated into a decree

    Answered almost 2 years ago.

    1. Robert P Dickson
    2. Bruce Clement
    2 lawyer answers

    CR 2A rule is short, and basically is designed to link agreements to the civil proceedings in court. The thought behind the rule is to make sure that negotiations between the parties to avoid trial don't compound the problem with additional disputes. In a nutshell, the CR 2A rule requires that for an agreement or settlement to have any sort of force in court, it must be in writing (there are other components, but that is the important one for this instance). So, once you make an agreement...

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