Small Claims Court Guidance

Summary

Filing a small claims case in King County, WA involves a $10,000 limit, varying fees, and specific forms. Strong evidence and clear legal grounds are crucial. The property management companys lack of a license on Mercer Island may invalidate the contract. They could counterclaim for breach of contract or unjust enrichment. Public records of no license strengthen your case. If damages exceed $10,000, consider waiving the excess or filing separately. The companys failure to inform about a Conditional Use Permit and retaliatory actions may lead to financial damages. Consult a lawyer for detailed guidance.

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I have questions about making claims through small claims court in King County, WA
Sure, I can help with that! What is the nature of your claim? For example, is it related to property damage, unpaid debts, or something else?
It's about unjust gains made by a property management company
Got it! Here are some general points about filing a claim in small claims court in King County, WA:
- Claim Limit: The maximum amount you can claim is $*,*.
- Filing Fee: Fees vary depending on the amount claimed.
- Forms: You’ll need to fill out a Notice of Small Claim form.
- Jurisdiction: The claim must be filed in the district where the defendant resides or where the issue occurred.
Would you like more detailed information on how to proceed or help with specific forms?
I need to know the success rate of my potential claim based on my specific situation
Success rates can vary widely and depend on many factors, including the specifics of the case and evidence you have. Here are a few things to consider:
- Strong Evidence: Gather all documents and evidence showing unjust gains by the property management company.
- Clear Legal Grounds: Ensure your claim clearly demonstrates how the property management company's actions were unjust.
- Preparation: Be well-prepared to present your case clearly and concisely.
Would you like guidance on gathering evidence or tips on preparing your case?
Make assessment based on the information: *) the property management company was not licensed to operate on Mercer Island, where license is required to operate this type of business. They signed the property management contract with me without this license; *) The agreement was written in a way that's unconscionable, e,g. if I terminate the agreement early, they want to charge me 5 year of their unearned commission, while if they terminate the agreement early, there is no penalty. I did not understand the agreement when I signed it; *) they repeatedly failed to clean the lint in the dryer despite my repeated request to improve, which put my property in fire hazard, when I requested to terminate the contract because they materially breached the contract, they continue to harass me with emails demanding compensation, ranging from $*,* to $*,*.
Case Rating: *
You might have a strong case based on the following points:
- The property management company was unlicensed, which is required on Mercer Island.
- The contract terms appear unconscionable, favoring the company heavily.
- The company failed to perform essential duties, like cleaning the dryer lint, creating a fire hazard.
- Harassment via email for compensation after a material breach.
Would you like to be connected to local lawyers who can better assist you with your case?
Please advise: what are the chances of them conter claim?
Case Rating: *
There is a possibility that the property management company might counterclaim, especially since they have already demanded compensation from you. Here are a few points to consider:
- Evidence: Ensure you have strong evidence to support your claims, such as the lack of a license, unconscionable contract terms, and their failure to perform essential duties.
- Legal Advice: It might be beneficial to consult with a lawyer to strengthen your case and prepare for any counterclaims.
Would you like to be connected to local lawyers who can better assist you with your case?
If public record of no license a strong enough evidence?
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A public record of the property management company not having the required license to operate on Mercer Island can be strong evidence. It establishes that they were operating unlawfully. This, combined with the other issues you mentioned (unconscionable contract terms and failure to perform duties), strengthens your case.
Would you like to gather more evidence or have any other specific questions?
If they are not licensed to operate on mercer island, does that make the contract they signed with me invalid?
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The fact that the property management company was not licensed to operate on Mercer Island could potentially make the contract invalid, as they were operating unlawfully. However, it's best to consult a lawyer for a thorough evaluation.
Would you like to be connected to local lawyers who can better assist you with your case?
What kind of counter claim can they make in this case?
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The property management company could make several counterclaims, such as:
- Breach of Contract: They may assert that you failed to comply with the terms of the contract by terminating it early.
- Unjust Enrichment: They might claim that you benefited from their services without proper compensation.
- Defamation or Damages: They could allege damages to their reputation or financial losses due to your claims.
Do you have any more specific questions or need further details on any of these points?
They already received all the commission. And if they were not licensed, could they claim the contract was enforceable?
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Since the property management company was operating without a required license, the contract might be deemed unenforceable. This, combined with the unconscionable terms and failure to perform duties, strengthens your case significantly. Would you like to be connected to local lawyers who can better assist you with your case?
If yes, what is your phone number?
Yes, *-*-*
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Would you like to be connected to local lawyers who can better assist you with your case? If yes, what is your name?
Danli Wang
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Great, Danli! What is your zipcode?
*
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Got it, Danli! Could you please provide your email address?
That's it for now
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It looks like Danli has a strong case with several compelling points. The property management company's lack of a required license, the unconscionable contract terms, and their failure to perform essential duties are all significant factors. The likelihood of the contract being deemed unenforceable further strengthens the case. Connecting with a local lawyer will be highly beneficial.
Is there anything else you need assistance with today?
No
Case Rating: *
Danli, it looks like you have a very strong case. The combination of the property management company's lack of license, unconscionable contract terms, and failure to perform essential duties makes your situation compelling. Connecting with a local lawyer will definitely be beneficial.
If you need any further assistance in the future, feel free to reach out. Have a great day!
I have more questions about this case
Case Rating: *
Hi again! Feel free to ask any additional questions you have about your case. I'm here to help with any lingering concerns or details you need to explore further.
If the total damage is more than $*,*, what's the protocol to keep it at the small claims court?
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In Washington, if your claim exceeds $*,*, you may need to reduce the amount to fit the small claims court limit. Consider the following:
- Waive the Excess: You can choose to waive the amount exceeding $*,*.
- File Separately: Split the claim into separate issues, if possible, to fit under the limit.
Would you like more details on filing procedures or other options?
This property management company rented my house for short term rental, which would require Conditional Use Permit. But they did not tell me. After I terminated the contract, and I started to rent it out on a short term bases, without knowing a conditional use permit is required. Then this property management company made a complaint to the city, and the city sent me a notice to cease the operation immediately. The conditional use permit will cost $*,*, and the approval process is lengthy. Can I claim damage to this property management company, if so, what would it be?
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You may have a strong case for claiming damages due to the property management company's negligence. Consider the following:
- Failure to Inform: They failed to inform you of the need for a Conditional Use Permit.
- Unlawful Operations: They were unlicensed to operate, potentially invalidating the contract.
- Damage Costs: You might claim damages for costs incurred due to their actions, such as the permit fee.
Would you like further assistance or to connect with a local lawyer?
Would I suffer collateral damage because of their unlawful operation? And their retaliating behavior by complaining to the city is causing damage to my financial condition
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You might indeed suffer collateral damage due to the property management company's unlawful operation and retaliatory behavior. Here are a few points to consider:
- Financial Impact: Unlawful operation and retaliation can cause financial harm, such as permit costs and ceasing rental operations.
- Legal Recourse: You may have grounds to claim damages due to their negligence and retaliation.
Would you like to explore further legal options or need additional details?
Can I claim Defamation and financial Damages because of their retaliation behavior, even though in fact I violated the city code, although I was unaware of the rule?
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In Washington, you may have a case for defamation and financial damages despite violating city code unknowingly. Consider these points:
- Defamation: Prove false statements were made by the company that harmed your reputation.
- Financial Damages: Demonstrate their actions directly caused financial harm.
Consult with a lawyer for detailed guidance. Would you like more information or further assistance?
Yes provide more information
Case Rating: *
Given the complexities of your case involving potential defamation and financial damages due to the property management company's actions, it's important to consider:
- Defamation: If false statements were made that harmed your reputation, gather evidence to support this claim.
- Financial Damages: Document how their actions led to financial harm, such as costs incurred due to the city notice.
Consulting with a lawyer will help navigate these claims effectively. Is there anything specific you'd like more information about?
The statement is not false, but they knowingly rented my property without informing me a conditional use permit is required, then after I terminated the contract, they retaliated by informing the city which caused the cessation of my short term rental and I will need to spend $*,* to obtain such permit
Case Rating: *
You may have grounds for a claim due to the property management company's negligence in failing to inform you about the Conditional Use Permit requirement and retaliating by notifying the city. Consider pursuing financial damages for costs incurred and consult a lawyer for detailed guidance.
Do you need assistance with the process or connecting to a lawyer?