[WSBARP] Frivolous Lien Claim Action

[Josh Grant]

The Frivolous Lien can work in truly frivolous facts.  I had a case last year where some “helpers” cleaned a lot of debris and then filed a $5000 lien against a widow.  This was done by a lay person “helper” without any legal help.  The Judge ruled in the widow’s favor that cleaning debris is not an improvement to real property and signed an order.  It was cheaper than a quiet title proceeding.

From: scott scottgthomaslaw.com 
Sent: Saturday, January 07, 2017 7:37 AM
To: WSBA Real Property Listserv 
Subject: Re: [WSBARP] Frivolous Lien Claim Action

In my opinion, yes, I would still be very careful.  I think there may be narrow instances in which a lien may be filed and contractor registration not required.  At least, I think you have a high burden and must be prepared to convince the court that a lien is frivolous and that the claimant was aware.  The frivolous lien statute has turned out to be nearly useless, again in my opinion.

  On January 6, 2017 at 6:41 PM "James L. Strichartz" <jim at condo-lawyers.com> wrote:


  Does that caveat apply if the person who claimed the lien is not and was not a licensed contractor?







        Jim Strichartz

        Attorney

        Fellow, College of Community Association Lawyers
       Law Offices of James L. Strichartz

        201 Queen Anne Avenue North, Suite 400

        Seattle, WA 98109-4824
       
        jim at condo-lawyers.com 

        http://www.condo-lawyers.com 

        http://www.linkedin.com/in/condolawyer
       tel:   206-388-0600

        fax:  206-286-2666
       
        Providing Tools for Successful Communities
       
        This message is intended only for the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are not the intended recipient, or the agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited, and you are requested to please notify us immediately by telephone, and return the original message to us at the above address. Opinions, conclusions and other information in this message that do not relate to the official business of this firm shall be understood as neither given nor endorsed by it. Although this message and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free, and no responsibility is accepted by this firm for any loss or damage in any way from its use.
       





  From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of scott scottgthomaslaw.com
  Sent: Friday, January 06, 2017 5:13 PM
  To: WSBA Real Property Listserv
  Subject: Re: [WSBARP] Frivolous Lien Claim Action



  I think I would be careful with the frivolous lien statute.

    On January 6, 2017 at 4:50 PM "James L. Strichartz" <jim at condo-lawyers.com> wrote:

    Listmates,



    Is there anyone who is willing to have a brief discussion with me on tactics in an action under RCW 60.04.081?  We need to file the action on Monday due to an impending property sale date.



    Thanks,



    Jim



          Jim Strichartz

          Attorney

          Fellow, College of Community Association Lawyers
         Law Offices of James L. Strichartz

          201 Queen Anne Avenue North, Suite 400

          Seattle, WA 98109-4824
         
          jim at condo-lawyers.com 

          http://www.condo-lawyers.com 

          http://www.linkedin.com/in/condolawyer
         tel:   206-388-0600

          fax:  206-286-2666
         
          Providing Tools for Successful Communities
         
          This message is intended only for the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are not the intended recipient, or the agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited, and you are requested to please notify us immediately by telephone, and return the original message to us at the above address. Opinions, conclusions and other information in this message that do not relate to the official business of this firm shall be understood as neither given nor endorsed by it. Although this message and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free, and no responsibility is accepted by this firm for any loss or damage in any way from its use.
         






   

    _______________________________________________
    WSBARP mailing list
    WSBARP at lists.wsbarppt.com
    http://mailman.fsr.com/mailman/listinfo/wsbarp


 

  _______________________________________________
  WSBARP mailing list
  WSBARP at lists.wsbarppt.com
  http://mailman.fsr.com/mailman/listinfo/wsbarp


--------------------------------------------------------------------------------
_______________________________________________
WSBARP mailing list
WSBARP at lists.wsbarppt.com
http://mailman.fsr.com/mailman/listinfo/wsbarp
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20170111/4fc1410b/attachment.html>