Table of Contents
The answers provided below are general answers. If any of the questions relate to a problem you have, call an attorney for a consultation.
- Can I enforce a CONTRACT if it was not in writing?
- Can I get out of a CONTRACT I have already signed?
- What if I think my boss is DISCRIMINATING against me?
- Does a LANDLORD have to give me back my deposit?
- I was in a CAR ACCIDENT and injured. I cannot afford an attorney. What can I do?
- Can I stop a neighbor from TRESPASSING on my property?
- I am so far behind in paying my bills I don't know how I will ever get out of the hole. Can I file BANKRUPTCY?
- I am trying to start up MY OWN BUSINESS. What do I need to talk to an attorney about?
- My CAR IS DEFECTIVE and the dealer won't do anything about it. What can I do?
- Can I bring, or defend against, a lawsuit without the assistance of an attorney?
- Can I appeal a suspension of my license by the Department of Licensing?
- Can I APPEAL a finding in a CIVIL trial in King County Superior Court?
- What is meant by 'THE RECORD BELOW'?
Can I enforce a CONTRACT if it was not in writing?
Contracts, in general, do not have to be in writing to be enforceable. Contracts involving real estate are the exception, and will nearly always have to be in writing. Proving the content or even existence of a contract that is not in writing can be difficult.
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Can I get out of a CONTRACT I have already signed?
Generally a signed contract is binding. A signed contract may be "gotten out of" if the other party can be proven to have deliberately deceived you about some material aspect of the contract; you were incompetent when you signed the contract; or the contract is "against public policy" (for example, to commit a crime). Some CONSUMER PROTECTION laws give the consumer a "grace period" in which to void the contract. Be careful when you sign a contract.
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What if I think my boss is DISCRIMINATING against me?
Lawsuits based on discrimination in the workplace are governed very precisely by federal and state law. Just being treated "badly" by your boss is not sufficient to bring a claim of discrimination. The "bad act" must be based upon your status which is specifically protected by law: race, nationality, gender, age.
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Does a LANDLORD have to give me back my deposit?
If the deposit is for the rental of an apartment or house which is your residence, the retention of a deposit is governed by the specifics of the Landlord-Tenant statutes of the state. If the deposit is for a commercial rental, the retention is governed by the rental contract, not the statute.
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I was in a CAR ACCIDENT and injured. I cannot afford an attorney. What can I do?
A lawsuit for PERSONAL INJURIES will often times be pursued on your behalf by an attorney on a contingency fee. If an attorney takes a case on a contingency fee, the attorney will only get his/her fee paid if an award is made. The fee will be a percentage of the award. The client will most likely be responsible for the costs of the lawsuit: court reports, filing fees, etc. An attorney, because he/she is risking his time with your case, will need to examine the case quite closely before agreeing to take it on such a fee arrangement.
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Can I stop a neighbor from TRESPASSING on my property?
Certainly you can stop a person from entering onto your private property, in most circumstances. Before you decide to file a lawsuit, however, perhaps a letter from an attorney to the neighbor may be sufficient.
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I am so far behind in paying my bills I don't know how I will ever get out of the hole. Can I file BANKRUPTCY?
Bankruptcy is used more and more frequently to "get a fresh-start". It is, however, a drastic step and should only be used as a last resort. Don't enter bankruptcy unless you have tried Consumer Credit Counseling and that route is not satisfactory. There are two general types of consumer bankruptcy: one that "restructures" your debts (does not eliminate them) and the other which wipes out many debts. Some obligations cannot be "discharged" in bankruptcy; certain assets cannot be liquidated in bankruptcy.
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I am trying to start up MY OWN BUSINESS. What do I need to talk to an attorney about?
Many things: licenses, protection against liabilities, contractual arrangements, employee policies, and structure of the business are examples. Do not rely solely on legal forms you can obtain at a stationary store. Businesses are unique, the forms are made to cover a very wide variety of situations and probably will not be specific enough to accomplish your goals.
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My CAR IS DEFECTIVE and the dealer won't do anything about it. What can I do?
Many states have LEMON LAWS which you can take advantage of. Call the Attorney General's Office in your state for assistance.
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Can I bring, or defend against, a lawsuit without the assistance of an attorney?
Yes, you can defend and bring lawsuits on your own. In Small Claims Courts you cannot have an attorney represent you, as a matter of fact. The question is should you defend or bring a lawsuit without an attorney. Generally, no; it is too risky; the law is a complicated arena for an amateur. On the other hand, attorneys can be expensive. Some times we are just between the proverbial "rock and a hard place." If you don't have to, do not represent yourself.
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Can I appeal a suspension of my license by the Department of Licensing?
Yes. You may appeal the finding to the King County Superior Court within the statutory period.
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Can I APPEAL a finding in a CIVIL trial in King County Superior Court?
Yes. Generally, you may appeal the finding to the Court of Appeals, Division One, in Seattle.
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What is meant by 'THE RECORD BELOW'?
'The record below' is the proceedings in the lower court. They may be reported by a court reporter, tape recorded or video taped.
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