Student loans are treated differently than other unsecured debts in bankruptcy.  A debtor seeking to discharge liability for a student loan must demonstrate “undue hardship.”  While this standard is more stringent than for ordinary unsecured debts, the a very high percentage of debtors with lingering student loan debt assume that student loans are by definition non-dischargeable under any circumstances.  A recent study found that only about 0.1% of debtors with student loan debt filing for bankruptcy make any attempt to discharge the student loans.  Yet, statistically, when debtors decided to challenge their student loans, they successfully...Read More

In 2013, I wrote an article touting the “Friendly Quiet Title” as a more efficient means of adjusting your boundary line, when compared to a city/county boundary line adjustment (“BLA”). In recent years, the time and money savings of a Friendly Quiet Title have only increased when compared to the BLA.

For example, as of January 2020, King County’s base BLA fee is up to $3,615. Add a degree of complexity (such as vacant land or land with critical areas), and the base fee increases to $5,568. These fees will presumably...Read More

Do you remember that old real estate contract your parents entered into in the 1970s to buy the family home?  Or perhaps that loan they took out against the home in the 1980s that they paid off after a few years?  It is possible that your parents decided that these long completed real estate transactions might not make for the most interesting dinner conversation.  Unfortunately, you might someday end up thrust into a strange and frustrating, but surprisingly common, situation where these old forgotten clouds on title from decades ago linger on like ghosts.

This issue...Read More

Selling a home involves an almost overwhelming number of considerations.  How should you stage your home?  What will be your listing price?  How many open houses should you have?  Does your house need any touch ups?  The list can go on and on.  Indeed, even after an offer is accepted, a seller still has to worry about financing contingencies, inspection contingencies, closing requirements, and what will happen with the earnest money deposit if there is a dispute between the parties.

In the midst of all of this, a home seller might be forgiven for glossing over...Read More

Civil or criminal lawsuits involving witness testimony frequently require subpoenas. A subpoena is a legal document commanding a person or business to provide testimony at various court proceedings (e.g. trial or deposition) or present relevant documents to a party to a lawsuit.  When subpoenaing a witness in Washington state, there are specific steps the lawyer must take to ensure compliance with state statutes and court rules.

Serving and Compelling Appearance

Washington statutes require an individual over 18 to serve the subpoena upon the witness by either reading the subpoena to the witness or delivering it to...Read More

The decision to initiate litigation can be a complicated calculation fraught with emotional and financial consequences.  It behooves individuals to proceed deliberately, and with caution, so that they can see the road ahead of them as clearly as possible.  In many instances, this involves consultation with legal counsel to understand the legal ramifications of a course of action.  The prospect of hiring an attorney may seem daunting, and this can sometimes lead individuals to sit on their rights until they finally feel ready for the undertaking.

There may be limits, however, to how long an individual...Read More

Each district court in Washington State has a small claims division that provides an avenue for parties to resolve small monetary disputes.  This division is generally referred to as small claims court.  Small claims court utilizes a very streamlined process so that parties can resolve small disputes without having to spend extensive time and money in pursuit of judicial relief.

Effective July 28, 2019, the jurisdictional limit for small claims court has increased from $5,000 to $10,000 in all cases brought by “natural persons”, otherwise better known as human beings, while all other parties (i.e....Read More

The Washington Supreme Court’s recent decision in Banowsky v. Backstrom, No. 96200-6, 2019 WL 3333172, -- P.3d – (Wn. July 25, 2019), clarifies the interplay between two seemingly conflicting Civil Rules for Courts of Limited Jurisdiction (“CRLJ”)—CRLJ 14A(b) and CRLJ 12(h)(3)—in a matter improperly (but in good faith) filed in Washington State District Court.  Reversing the Court of Appeals, the Supreme Court held CRLJ 14A(b) both authorized and obligated the District Court to transfer the matter to the Superior Court of Washington, despite the District Court lacking subject matter jurisdiction from the moment the case was...Read More

What is IFCA?

Washington’s Insurance Fair Conduct Act (“IFCA” or the “Act”) took effect in 2007 to protect insureds against unfair practices by insurance companies.  IFCA provides protections and remedies to insurance policyholders upon an unreasonable denial of a claim for coverage or for payment of benefits.  Additionally, IFCA establishes a statutory scheme to ensure the fair handling of policyholder claims, and sets forth consequences in the event insurance companies violate the Act.

IFCA Violations

Codified under RCW 48.30 along with several sections from Washington’s Administrative Code (“WAC”), IFCA contains numerous provisions regulating the insurance industry....Read More

Washington State is known as the “Evergreen State” for a reason – our majestic evergreen trees are abundant, and we value them.  In the Timber Trespass Statute (codified at RCW 64.12.030), Washington’s legislature has created an effective tool for landowners seeking redress for the unauthorized removal of their trees (whether timber, ornamental trees, or shrubs).

The Timber Trespass Statute creates liability:

[w]henever any person shall cut down, girdle, or otherwise injure, or carry off any tree, including a Christmas tree as defined in *RCW 76.48.020, timber, or shrub on the land of another person, or on the...Read More