J Patrick Diener’s Answers

J Patrick Diener

Spokane Litigation Lawyer.

Contributor Level 12
  1. Does a lien have to be placed on the property where work was done?

    Answered almost 2 years ago.

    1. J Patrick Diener
    2. Scott G Wolfe JR
    3. Lee Michael Friedman
    3 lawyer answers

    I agree with the other attorney who answered. If you are putting a mechanics or materialman's lien on a piece of property, it can only be placed against the property where the work was done. If you want to put it on other property, you would have to sue for breach of contract and get a judgment against the homeowner themselves before you could put a lien on other property that the homeowner owns. If you do a lot of this kind of work and are in this situation on a regular basis, it's not a...

    Selected as best answer

  2. Im a share holder in a LLC business and I want to know if a judgment against me personally can be attatched to the LLC?

    Answered over 1 year ago.

    1. J Patrick Diener
    2. Matthew Erik Johnson
    3. Larry R Schreiter
    4. Michael Bernard Rover
    4 lawyer answers

    Generally not, so long as you were not acting on behalf of or for the benefit of the LLC. If the LLC was totally separate from whatever it is that you're being sued for, then the assets of the LLC should be protected. However, your interest in the LLC can be viewed as an asset itself, and if you are making a salary or taking a share of profits from the LLC, then the judgment holder can potentially collect against those things.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. What if I don't comply with a pay back agreement with my home owners' association through no fault of my own?

    Answered over 1 year ago.

    1. J Patrick Diener
    2. Richard Paul Patrick
    2 lawyer answers

    If your payback agreement was in writing, then you are stuck to the terms of the written agreement. Even it wasn't, it sounds like the HOA has the right under its CCR's to collect the money from you. If I were advising the HOA, I think I would tell them to keep accepting payments under the circumstances. It certainly doesn't seem like it would be worth it to go to court at this stage if you are still willing to pay. All you can do is keep tendering payment. If they don't accept it and sue...

    Selected as best answer

  4. Can I be sued for a medical bill that I paid in full with the original creditor 2 days before getting served from debt collector

    Answered over 1 year ago.

    1. J Patrick Diener
    2. Shawn B Alexander
    3. Stephen M Trezza
    3 lawyer answers

    I believe you have a reasonable defense to them getting their legal fees. There had to be some kind of written notice to you from the collection company prior to filing suit that informed you that you would be on the hook for legal fees if you did not pay by a certain time. If all of your communications were through the original creditor, and they did not say you would be responsible for additional fees if you didn't pay by a certain time, then I think you have a reasonable defense. The...

    5 lawyers agreed with this answer

  5. Can I break my lease if our apartment was broken into and we were assaulted by neighbors?

    Answered over 1 year ago.

    1. J Patrick Diener
    2. Elizabeth Rankin Powell
    3. Ryan J. Weatherstone
    4. Shawn B Alexander
    4 lawyer answers

    Did your landlord cause the situation? Did he/she do something that made it easier or more likely that your neighbors would break into your apartment and assault you? If not, then I don't believe you can say that the landlord has breached the lease or any implied covenants that are imposed by law. If you are truly in fear for your life and safety, you can go to your landlord and explain the situation. The landlord can respond reasonably either by letting you out of your lease, or by...

    5 lawyers agreed with this answer

  6. Can I take a person to court, who is on the mortgage, for not paying?

    Answered almost 2 years ago.

    1. J Patrick Diener
    2. Shawn B Alexander
    2 lawyer answers

    By now I am sure that you have realized what a terrible arrangement this was to begin with. You're not in a great situation. If you stop making the mortgage payment, the mortgage company can foreclose and that will hurt your credit just as much as it does your husband's friend. You don't have a written agreement that proves the friend's obligation to pay, so suing him for the money he owes you every month will be an uphill battle. You could still win in court, but you have to be able to...

    5 lawyers agreed with this answer

  7. My boss is a doctor who curses at me in front of patients. What are my rights?

    Answered over 2 years ago.

    1. J Patrick Diener
    2. Paula Brown Sinclair
    3. Marilynn Mika Spencer
    3 lawyer answers

    Idaho has what is known as a "hostile work environment" claim. So your legal rights include the ability to bring such a claim against your employer. The Supreme Court of Idaho has said: "In order to show that a work environment is sufficiently hostile, a plaintiff must show the occurrence of numerous improper acts that establish a pattern of conduct sufficiently severe or pervasive to alter the conditions of employment. The standard to prove a hostile environment is that the environment is...

    Selected as best answer

  8. My mother left her car to my sister 9 years ago. She abandoned in my driveway. Can I sell it?

    Answered almost 2 years ago.

    1. J Patrick Diener
    2. Matthew Erik Johnson
    3. James P. Frederick
    3 lawyer answers

    If no one else has made a claim on the property since 2003, I think you have a valid argument that it has been legally abandoned. I'm pretty sure there is a process you have to go through to get something declared abandoned, but I don't know exactly what it is without looking it up. You could probably do something like Google "abandoned property in Washington" or maybe someone else on here knows the procedure off the top of their head, and they'll answer this and tell you. Another option...

    4 lawyers agreed with this answer

  9. Easements

    Answered almost 2 years ago.

    1. Thuong-Tri Nguyen
    2. J Patrick Diener
    3. Shawn B Alexander
    3 lawyer answers

    When you are being sued for something like quiet title, it is almost always worth it to hire an attorney to help defend you. These folks are talking about taking your right to part of your property away. I would say that's a pretty big deal, so I advise you to consult a local attorney and defend yourself, if at all possible.

    4 lawyers agreed with this answer

  10. I was selling my car to a friend on a payment plan, he kept the car and hasn't made payments, its in my nam, can I reposses it?

    Answered almost 2 years ago.

    1. J Patrick Diener
    2. Crystal Grace Rutherford
    3. Chong Hae Ye
    3 lawyer answers

    The first question is whether your agreement to sell the car is in writing. Even if it's not, as long as the title is still in your name, it's your car. If he stole it, you can report it as stolen. That usually will bring the matter to a head, as long as you're okay with pressing charges against your friend and having him thrown in jail. If you want to go the civil route and avoid the police, you can sue him for breach of the contract and ask the court to order him to return the car to your...

    4 lawyers agreed with this answer