Archive For: Litigation
Creating Positive Outcomes For Our Clients
By: Washington State Business and Real Estate Lawyer William O. Kessler
The lawyers of Beresford Booth harness our expertise to maximize the benefit for our clients in any given situation. This can mean transforming a seemingly dire situation to a positive outcome. We enjoy creating efficient and successful outcomes. Recently, we had a client whose financial position was bleak. His wife had died, leaving property in his hands. He called Beresford Booth PLLC and we helped our client take control of the estate. We quickly realized that as part of the estate, our client and his wife owned a shared property with a partner. We established that the partner owed our
Tools For Fast Debt Collection in Washington State
By: Washington State Business Lawyer William O. Kessler
Lenders and other creditors are often reluctant to litigate against a debtor, even when liability is clear and the debtor is solvent. Why? Because the creditor fears the debtor will either hide his assets, delay the litigation process, or both. Good news, Washington creditors. In many situations, your attorney may be able to quickly and efficiently collect the debt by obtaining pre-judgment writs of garnishment and attachment against the debtor’s property. Under RCW 6.25 and 6.26, your attorney simply files a motion with the court at the same time the lawsuit is filed, meaning there is a hearing on the
Total Loss Determination Of A Rare Or Uncommon Vehicle In Washington State
By: BeresfordBooth
So you have been in an accident and the insurance carrier has deemed your vehicle a total loss? You are not alone, on average 12 to 14 percent of all post-accident insurance appraisals result in a total loss. That means one in seven vehicles involved in an accident is a total loss. Whether a vehicle is determined to be a total loss depends generally on whether the cost to repair the vehicle approaches a certain percentage of the fair market value of that vehicle. I. How Does an Insurance Carrier Determine the Fair Market Value of a Vehicle in Washington?
“Can I Lien This Project?” Contractor Liens And Pre-Claim Lien Notices In Washington State
By: Washington State Litigation, Business and Real Estate Lawyer William O. Kessler
Your crew has done construction or remodel work at a property, but you are not being paid. You want to file a lien against the real estate, but you are not sure you can legally. You are not even sure exactly how a lien might benefit you. Overview of Liens A “mechanic's lien” is the most common form of contractor’s lien in Washington. It sounds like something a car mechanic would utilize, but it actually applies to work performed on real estate. The lien is authorized by RCW 60.04. If you are within 90 days from the last date you
Plaintiffs In Washington State May Pursue Tort Lawsuits More Easily, Even When There Is A Contract
By: Washington State Business and Real Estate Lawyer William O. Kessler
In the 2010 case Eastwood, the Washington Supreme Court set forth the Independent Duty Doctrine (the “IDD”). Under the IDD, when two parties had a contract together, one could only sue the other for a “tort” (such as negligence or fraud) if the tort claim “traces back to the breach of a tort duty arising independently of the terms of the contract.” Eastwood v. Horse Harbor Found., Inc., 170 Wn.2d 380, 389, 241 P.3d 1256 (2010). The IDD was a roadblock to a plaintiff suing for a tort claim when there was also a contract involved. However, under the recent Court of
Can A Defendant Be Served via Facebook?
By: BeresfordBooth
Serving a defendant is not always easy – he may be hard to locate and may do everything in his power to evade service. You may not be able to find a physical address or he could be living half a world away. So what if you could just serve him somewhere where you’ll know the defendant will see it: his Facebook page? In jurisdictions outside of the United States, more and more courts are allowing service of legal documents and notices through electronic means… even via Facebook and Twitter. In most instances, Facebook or other social media is a
Federal Courts To Stay Open But U.S. Attorneys Postponing Civil Litigation During Government Shutdown.
By: BeresfordBooth
Despite politicians’ inability to resolve the budget impasse in Washington D.C., the Executive Office of the United States Courts recently announced Federal Courts will remain open through at least October 17—possibly through Friday, October 18th. The Federal Courts have been operating on fee income and no-year appropriated funds to keep operations functioning since the shutdown started on October 1st by severely restricting spending. But it is not “business as usual” in the Federal Court system for either the Courts or the U.S. Attorneys Office since the shutdown started. For example, according to an October 10th memo from the Department of
Do Not Wait Too Long To Protect Your Rights In Washington State
By: BeresfordBooth
By Edmonds Lawyer Per Oscarsson If you think your rights have been violated in Washington State, then don’t wait too long to protect them. The case of Anderson v. Dussault, et al helps illustrate this point. How much time is “too long” will vary depending upon the situation and the rights involved. This case is specific to trusts, however, other laws can lead to the same result in a variety of situations. Anderson v. Dussault, et al., a recent case from Division II of the Washington Court of Appeals, illustrates the dangers of waiting too long to protect rights you think
Turning A Civil Judgement Into Cash With A Personal Property Execution
By: Washington State Civil Litigation Lawyer William O. Kessler
After a party obtains a civil judgment in a lawsuit, his lawyer often advises him to conduct “supplemental proceedings.” This is a process in which the judgment debtor appears in court and answers the lawyer’s questions about the nature and whereabouts of the debtor’s assets. There are often problems with supplemental proceedings, including: (a) the debtor has notice of the hearing, giving him time to hide his assets either before or after the hearing; (b) the debtor often lies about the location and nature his assets; and (c) at the end of the day, the judgment creditor puts no cash