Spokane Lawyer Blog

Spokane Lawyer Blog is where we discuss the most pressing legal issues regarding Spokane County and Washington State. These issues are completely discretionary and we post according to what our firm believes needs to be addressed in our county.

On occasion, we publish a non legal article or blog post about Spokane (i.e., the state of our local economy), and that is purely for our clients' and visitors' enjoyment.

Please note this publication (and any information contained on this website) is not legal or financial advice and it cannot be construed as such. If you require legal assistance, please contact a Spokane lawyer here.

If you would like to get our articles and information via email (as opposed of through our Spokane Lawyer Blog feed) please see our monthly newsletter "Spokane Legal" where we will email you selected articles we write or selected pertinent articles we find online.

Please see our recent entries below. Thank you.

March 1, 2010 - Fight debt collection agencies with the help of FDCPA

If you are unable to pay your bills and wish to settle them, you can use the debt settlement law to help you fight collection agencies. When settling your bills with collection agencies, you may be harassed with unfair collection efforts.

In such cases, you can protect yourself with the help of the Fair Debt Collection Practices Act (FDCPA), enforced by the Federal Trade Commission.

What Is the Fair Debt Collection Practices Act?

The Fair Debt Collection Practices Act provide guidelines for all those who collect debts on a regular basis including the collection agencies, collection attorneys and also the companies that buy delinquent debts.

The provisions of the FDCPA are considered as the debt settlement law in the U.S. Such provisions can protect you from being abused by collectors.

By knowing the following restrictions imposed by FDCPA on collectors, you can protect yourself from their harassment.

• Should not harass others: Apart from the co-signer of your debt, the collectors cannot harass any of your friends, relatives, neighbors etc. They should also not disclose to them your inability to repay the debt on time.

• Should not use abusive languages and threats: The collectors are not allowed to call at inconvenient places. They should not contact you before 8:00 a.m. and after 9:00 p.m. The debt collectors should also not use any profane language or threaten to take your property unless it can be done legally.
  


• Should not threaten you of arrest or use false claims: The collectors are prohibited from saying that you will be arrested if you do not pay your debt. Using false claims while trying to collect a debt, such as pretending to be lawyers or government representatives, is prevented under the FDCPA.

If the law is violated by the collectors, you have the right to sue them in a federal or state court. The FDCPA also provides a Statute of Limitations (SOL) for collection of debts. It lays down the time limit within which creditors/collectors can file a lawsuit to make you pay for a debt. If your debt account crosses the SOL, you will not have to worry about facing legal hassles.

Some debt settlement companies can also help you stop aggressive collectors.

If you have questions about Spokane Bankruptcy or dealing with harassing creditors, please contact the Quiroga Law Office, PLLC, at 509-927-3840.

February 23, 2010 - Bankruptcy and Immigration Status

The law allows several options for people who are experiencing economic hardship. For example, residents can seek financial protection under Chapter 7 and/or Chapter 13 of the Federal Bankruptcy Code. However, bankruptcy can have a substantial impact immigrants and on those who are seeking adjustment of their status.

A bankruptcy filing can erase credit card debt, fines, and sometimes save your home from foreclosure (among other legal actions). However, it is very important that you check the impact this filing would have on your immigration status. It is critical that you understand the potential consequences for your specific situation.

The United States Government's public policy is not to allow residents and immigrants to become a "public charge." Therefore, there are several laws that specifically prohibit residents (with or without documents) to receive benefits such as food assistance (Food Stamps). Only U.S. citizens may qualify for this benefit.

The "public charge" concept is very important as it can have a  significant impact on your immigration status. If you file for bankruptcy, the government can consider you as a "public charge." This problem is much more serious if you owe money to the Internal Revenue Service (IRS).

Some debts with the federal government can be totally discharged through the bankruptcy process, however, this filing can create serious problems for you with the Department of Home Land Security.

It is imperative that you contact a qualified attorney in the immigration area, before filing, to understand the impact a bankruptcy may have on your immigration status.

Financial problems can be used as explained and may not necessarily disqualify a resident or citizen for benefits under immigration law. It is important to show that you are not, and will not, become a public charge. If you have tax debt, it will be necessary to establish some kind of verifiable arrangement to pay the IRS and mitigate the potential damage on your immigration case.

A foreclosure may also be evidence against you, depending on totality of the circumstances of your case.

Remember, not every financial problem may affect your immigration status, however,  some problems of this nature can have a substantial negative impact.

If you have questions about foreclosure, bankruptcy, or have immigration questions, you can contact us here.

August 25, 2009 - Spokane Landlord Tenant Law

Spokane landlord tenant law is governed in large by the Residential Landlord Tenant act as codified in title 59 of the Revised Code of Washington.

From a brief overview of the RCW and court decisions, we deduct that a leasehold estate is a present estate established by a contract (i.e., a lease) between a landlord (also referred to as a lessor) and tenant (also referred to as a lessee) which grants property rights to a tenant.

In the contract, the tenant receives a temporary possessory interest in land known as a leasehold estate.

Types of Tenancies (leases)- Spokane landlord tenant law allows for leasehold estates but divides them according to the duration of the lease.

Tenancy for years: a tenancy for years is a tenancy that:

   A. lasts for a period of time specified in the lease (i.e., days, months or years); and

Comment- Although a fixed period of time is stated, a tenancy for years may be terminated upon the occurrence of a specified event (e.g., failure to pay rent).

   B. terminates automatically at the end of the specified period of time. That is, unless the lease specifies otherwise, at the end of the fixed period a landlord is not required to give notice to the tenant that the tenant's rights in the land have expired. Similarly, a tenant is not required to give a landlord notice of termination.

Periodic tenancy- a periodic tenancy is a tenancy that has the following characteristics:

      A. The tenancy continues for a period of fixed duration;

      B.  Succeeding periods of the same duration follow until the landlord or tenant give notice (to the other party) that the tenancy should end;

      C. Notice of termination must be given greater than one period prior to the termination date. The result of notice is that termination of the tenancy occurs on the last day of the period following notice. This requirement may or may not apply to Spokane landlord tenant law disputes (the written lease controls).

Example- Otto enters into a one-month periodic tenancy and moves into an apartment on January 1, 2008. In order to terminate the tenancy on November 30, 2008 Otto must give notice prior to October 31, 2008.

Comment- Periodic tenancy is the "default tenancy." That is, if a lease purporting to be tenancy for years fails to specify a period of time, the tenancy is assumed to be a periodic tenancy. Similarly, if a tenancy at will fails to state that a landlord or tenant can terminate the lease, a periodic tenancy is created. The period of the failed tenancy is equal to the period of time which rent is paid.

Tenancy at will- a tenancy at will is a tenancy that:
    A.  has no stated period of duration, and
    B.  expressly provides that either the landlord or tenant may terminate the lease at any time (i.e., at will)

At common law, tenancies at will can be terminated at any time; some state statutes require that notice be given by a landlord or tenant a specified period in advance of termination.

Tenancy at Sufferance- a holdover tenant is a tenant at sufferance. A holdover tenant is a tenant who stays beyond the fixed duration of a tenancy for years or a periodic tenancy. A holdover tenant is liable as a trespasser.

If you would like to contact an attorney with knowledge of Spokane landlord tenant law, please contact our office at 509-927-3840.

 

Quiroga Law Office, PLLC | Copyright Spokane Landlord Tenant Law

August 13, 2009 - Washington Intentional Civil Liability

Washington intentional civil liability overview: An intentional tort results from voluntary action that is made with an intent to bring about a harmful result. Intent requires a determination of the state of mind of the defendant at the time of the action-in-question (subjective intent).

Comment- Don't be confused by the fact that many intentional torts, which are civil law violations, have corresponding criminal violations.
For example, there is civil battery and there is criminal battery. Also, remember that a civil infraction results in an award of damages to a plaintiff, whereas a criminal infraction may result in imprisonment of the defendant.

A. Washington Intentional Civil Liability: Types of intentional torts:

• 1. Assault- civil assault is an attempted physical harm, or intentional threat of physical harm, that places a plaintiff in reasonable apprehension that immediate physical harm is about to occur to him. No physical contact needs to occur for a defendant to be held liable for assault.


• 2. Battery- civil battery is an intentional harmful or offensive contact with a plaintiff causing injury.


• 3. False imprisonment- false imprisonment is an intentional unlawful confinement of a plaintiff in a bounded area. Comment- Most jurisdictions allow shopkeepers to hold suspected shoplifters for a period long enough to determine if shoplifting has occurred or until police arrive.


• 4. Infliction of Emotional Harm- intentional infliction of emotional harm results from intentional or reckless outrageous behavior that results in extreme emotional harm to the plaintiff. Note, in Washington, courts and books refer to this tort as the tort of outrage.

  Example- Eddie calls June and tells her, in graphic detail, that her son, Theodore, has been murdered. In fact, Theodore has not been murdered and Eddie has only done this to torment June. June suffers from nightmares and depression for months. Eddie will be liable for intentional infliction of emotional harm.
  

B. Washington Intentional Civil Liability Defenses to intentional torts include- a defendant accused of committing an intentional tort has a number of legally recognized defenses, including:

• 1. Consent- a plaintiff who consented to the defendant’s activity cannot sue for damages. Consent can be express or implied.

I. Express consent- verbal (i.e., written or oral) communication of words granting permission for the conduct that caused the intentional tort.
II. Implied consent- permission granted using other than verbal communication.

Example- Mia participates in a soccer game knowing the amount of physical contact expected during a soccer game. Mia has implicitly consented to contact that is reasonable during a soccer game.

• 2. Defense of person or property- a defendant may not be held liable for damage resulting from an intentional tort if the damage was caused in defense of himself or another or if the damage resulted from defense of property.
  
  
  Defense of self or a third party- a person is entitled to defend himself or others through the use of force reasonably necessary to defend himself or another. Deadly force may be used only when the assailant reasonably appears to be using or about to use deadly force.
  
  Comment- Some jurisdictions require that before deadly force can be used in self-defense, the person claiming self-defense must attempt to retreat from the assailant. Typically, one is not required to retreat from their own home before using deadly force.
  
  Defense of property- defense of property allows use of force reasonably necessary to defend one’s property. Deadly force may never be used to defend property.


• 3. Arrest- a police officer will not be held liable for battery if during the course of executing his duties, he uses reasonable force to make an arrest of and individual whom he reasonably believes committed, or was about to commit, a crime.

The next post will explain Washingtion civil liability for defamation and violation of privacy torts.

If you have a Washington intentional civil liability claim, please contact us now!

June 25, 2009 - Civil Offenses that are strict liability in Washington

Strict liability in Washington: certain civil offenses (as opposed of criminal) amount to liability even if the defendant acts as a reasonable person and she does everything on her power to avoid harm. There are two categories that give strict liability in Washington.

I. Wild animals in Spokane- a defendant (owner and possibly a harborer) is liable for all injury or damage caused by wild animals kept by the defendant, regardless of what measures are taken to prevent damage (i.e., no breach of the duty of reasonable care need be found).

This is a strict liability offense (the plaintiff does not need to show negligence). Please, note, "a wild animal" is not a domesticated animal, and some defendants could argue that their "pet" was domesticated.

Example- Mr. Tarzan, living in downtown Spokane, keeps a pet cheetah. Mr. Tarzan keeps the cheetah behind a state-of-the-art electrified fence. During a hurricane the fence is destroyed and the cheetah escapes and kills three people. Mr. Tarzan is liable for the deaths, regardless of whether he is found to have acted negligently.
Comment- Defendants who keep domestic animals (e.g., dogs, cats, horses, cows, etc.) are not strictly liable for damage caused by the animal (i.e., they must be found to have acted negligently, before the defendant will be held liable for damage caused by the animal). Therefore, negligence law analysis should be used to determine liability for damage caused by domestic animals.

Example- Gumby keeps a pet horse named Pokey. Although Pokey is kept in a wooden pen, Pokey escapes and tramples the neighbor's garden. In order for Gumby to be held liable, a court must first determine whether Gumby was negligent by keeping him in a wooden pen.

II. Extremely Hazardous Activity- a defendant is found strictly liable in Washington for all injury or damage caused by extremely hazardous activity, regardless of what measures are taken to prevent damage (i.e., no breach of the duty of reasonable care need be found). Extremely hazardous activities are defined as activities having:

• a high risk of severe damage, and
• a risk of danger that cannot be removed regardless of the precautionary measures taken, and
• a risk that is unusual for the area in which it is located.

Example- Joe Acme stores dynamite in his basement in a climate controlled room. Acme's house is located in a residential neighborhood. Lightning strikes Acme's house causing an explosion of the dynamite, which causes serious damage to his neighbors' houses. Despite the precautions taken by Acme, he is liable for all damages caused by the explosion.

If you have questions or need legal advice, please contact the Quiroga Law Office here.