i was detained at a Goodwill store for shoplifting under $10 of crap they call merchandise. i was detained and told i would be fined $300 plus the retail price of what was stolen. i signed only one paper which confirmed that i was detained on that...
In Harold Meyer Drug v. Hurd, 23 Wash.App. 683 (1979), the court held that “because the store owner immediately recovered the undamaged (property) ... the store’s principal purpose in bringing the suit appears to be to harass...” As a result, the Court found the civil claim to be “frivolous." They probably would sue because this firm makes their money through matters just like yours. Personally, I would like to see this form of collection action challenged so that there is a clearer answer in the courts. By the way, your criminal charges will come in the mail in the next few months.See question
We rebuilt a deck using a licensed contractor under a written contract. This contract required written mutually agreed change orders. No requests were made for additional work either in writing or verbally during the rebuild. The work was complete...
Your experience is not atypical. Look at the version of contract you signed, is it an "AGC" contract? If so, there should be a provision in the contract describing the procedure for change orders. Your situation appears to be the contractor's attempt to collect for an unsigned change order. If he files a lien, you must, and I repeat must, hire a construction litigator because he can have your house sold. The procedure to remove the lien is found in RCW 64.04.081. Basically, your attorney would file a motion to declare the lien frivolous and/or clearly excessive. However, make sure you hire a pit-bull attorney--whoever loses at this hearing must pay the other sides attorneys' fees. The other procedure is to file a lawsuit to have the lien declared invalid.See question
I've received a 34 speeding ticket in school zone, My wife was driving and not me, and she metioned that she didn't see the light flashing. it was 11:06 am on thursday, what can we do ?
Was the posted speed limit 30 mph, 20 mph "when children are present?" In other words, were you cited for 34 in a 20 mph, 34 mph in 25, or 34 mph in a 30 mph zone? I suspect it is the 20 mph citation. WAC 468-95-350 defines "When children are present." If kids aren't there within 300 feet, then it's not a school zone, and the higher limit applies. Make your life easy, do what I do when I get a ticket: hire Jon Zimmerman. His info is on the web.See question
LLC held original investment for 4 months after sale of business then paid it -
The answer to your question will be found in the LLC's operating agreement, and if there is no such agreement, it will be found in the Revised Code of Washington Chapter 25.15. You should have an attorney that is familiar with LLC minority shareholder oppression lawsuits look at your documents.See question
personal judgement against me effect my LLC's and my parner's of the LLC? If a judgement is granted against me How would they go about collecting on that judgement? Could they force sale of LLC' assets?
Your ownership interest in an entity is personal property, and if you are married, the property of the marital community. What assets does each LLC hold and how much are you being sued for? If it's substantial, you need to either hire a litigation attorney or a bankruptcy attorney.
If you are being sued by an aggressive and competent firm, they will (1) obtain a personal judgment, (2) conduct a UCC-1 asset search and a multi-county property search, (3) obtain a writ of execution and break and enter order, (4) show up at your house 14 days after the judgment at 7 a.m. with the sheriff and take your and your wife's wedding rings, TVs, bed, china, cars, antiques, etc. and business records, (5) take business records and garnish any and all funds in your accounts, (6) garnish your wages if, any, (7) sell your real property at auction within 30 days, (8) sell your LLC ownership interests at a sheriff's sale, and--once they have your ownership in the LLC, they could sue the other members in a minority shareholder oppression action to compel a forced sale of the assets.See question
My wife was a diabetic on Medicare. We routinely had her prescriptions filled at thelocal Walgreens Pharmacy. In September of 2009, we took her prescriptions for her diabetes supplies in. When we picked up the filled prescriptons, we discovered th...
There are many factual questions that need to be investigated. I recommend you contact Jonathon Nolley with the Emerald Law Group at 206-234-4853.See question
I had a friend of mine working as my part-time nanny. When hired we had agreed upon $400 a month for her help. After several months of work she called and quit mid work day. I told her over the phone that I would pay her $120 as her last payment, ...
Can you recover for your lost hours (consequential damages)? Generally, no.
Let me ask you this: would you rather pay $45 now, or pay $4,000 in attorneys' fees plus triple wages? Probably not--pay the $45.
Under Washington law, employers are not only personally liable for unpaid wages, but they also are liable for double damages and attorney’s fees for wages willfully withheld. RCW 49.52.070 provides:
Any employer and any officer, vice principal or agent of any employer who shall violate any of the provisions of subdivisions (1) and (2) of RCW 49.52.050 shall be liable in a civil action by the aggrieved employee or his assignee to judgment for twice the amount of the wages unlawfully rebated or withheld by way of exemplary damages, together with costs of suit and reasonable sum for attorney’s fees ... The failure to pay wages owed is also a crime under Washington law. RCW 49.52.050 states that it is a misdemeanor for any employer or officer to “willfully and with intent to deprive the employee of any part of his wages, shall pay any employee a lower wage than the wage such employer is obligated to pay by . . . contract . . .” An employer is guilty of willful withholding of wages when the amounts owed are not paid and they are not the result of a bonafide dispute as to the obligation of payment. Financial inability of an employer to pay the wages is not a defense to a double damages claim.See question
For a formal mediation proceeding in lieu of a court trial, can a litigant force the defendant to produce evidence as part of the discovery of evidence procedure? Or is there no legal enforcement of that in mediation and only a court-order can do ...
Mediation is generally a voluntarily procedure that is used before or during litigation. There is not really anything called a "formal" mediation--mediation is informal and non-binding. Everyone is there to give and take; if you don't like the result, you walk out and continue/start fighting in court. If you have started a lawsuit, you can get their documents via the discovery process and subpoena power. If you have not, then generally you cannot force a private party to turn over documents.See question
If it turns out that the HVAC system in office space was not the right size (low capacity) to supply decent air flow and to condition the space, is it the landlord obligated to update it to solve the situation at their own cost ? Or, do they ...
It depends on the terms of your lease and how miserable you are. What are your potential claims? Breach of the Lease, warranty of habitability, and covenant of quiet enjoyment. First, the lease should have an obligation to provide appropriate utilities and services (air). Second, the landlord generally must grant "quiet enjoyment" of the property (give you air). What will your landlord do? In my experience, nothing unless you put the boots to their head. Ask yourself whether their failure to provide air made the premises nearly impossible to conduct regular business? If yes, they have constructively evicted you and you could bring an unlawful eviction proceeding asking a judge to find these are material breaches, and you should be allowed to get out of the lease. The contract should have a provision that if you win you get your attorneys' fees paid for.
I was currently fired from my job. I had been experiencing discrimination while I worked there, but did not say anything because I did not want to be fired. I had been asked on a few different occasions why a "Jew" was working with a bunch of "A...
Your situation is not terribly uncommon, and after I lived in Israel and moved back to the States, I met many Israelis who experienced the same thing. You have the right to review your file in human resources with a representative from HR present. I'd be curious to hear more details about how long you had been at the job, the method of termination, whether there was an employee handbook, and other factors that led up to the termination.See question