Merry A Kogut

Hello! I enjoy helping people across Washington with Small Claims Court, Homeowner Associations, some estate planning, & some guidance, advice, and writing demand letters. I also help with administrative agencies, residential contractors, frauds, scams, consumer protection, landlord/tenant and etc--but I no longer handle lawsuits. I've been a licensed Washington State attorney since October, 1986 - Read about me here: https://www.keypeninsulalaw.com/

I usually recommend practical approaches to resolving problems; legal means, in my opinion, should always be the last resort.

To make a phone appointment, please email me here: KeyPenLaw@gmail.com or use the form on my website. Please, do not "cold-call" my phone without a prior appointment. Please do not text my phone.

Thank you! I look forward to helping you soon.

• General
• General Civil

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• Rates, Retainers and Additional Information
  My fees are either flat or hourly, depending on the nature of the work. I often provide a free twenty (20) minute phone consultation to see if your matter is something I want to handle, and to see if you think I'm the right attorney for you. I do not start work before we sign an engagement letter, and I will almost always requst a retainer in advance (the retainer will be put into my trust account and remain your money until my work is completed and you're satisfied with my work - however, I cannot guarantee any particular results or outcome.

Washington

Washington State Bar Association

ID Number: 16153

Since 1986

Washington State Bar  # 16153

Member

1986 - Current

Q. Former contractor threatens IRS claim, retaliation for theft investigation. What to do?

May 27, 2025

A: I'm so sorry to hear you're in this situation, but you have done a great job by documenting everything ahead of time. You know more details than I do, but if you have documented everything that happened during the two months in which the person was an independent contractor for you, consider doing nothing at all.

Many, many people make threats of filing complaints or lawsuits, but never follow through. Even when complaints are filed with agencies, most agencies in my experience are underfunded, understaffed, and take no action except in the most serious situations, where the complainant can provide some really serious evidence. For example, for years now, the Washington State Attorney General's Office takes no action at all except for very, very, very serious complaints. And as you know doubt have heard, numerous people at the IRS have lost their jobs in the last few months - who is going to investigate such a relatively teeny tiny complaint?

In the meantime, if this person stole from you, he or she is probably trying to blackmail you for money, or keep you from filing a police report, or otherwise is acting in a nefarious way toward you.

So, I'm suggesting that you take no action other than to flesh out your notes/records, and put them in a safe place. If you have a friend or colleague or spouse who was a direct witness to any of the bad behavior, have that person write out their own dated and signed statement - or if they weren't a witness, discuss the matter with them and ask for their opinion.

I hope that this has been helpful to you. This answer is provided for informational and educational purposes only, and no attorney/client relationship has been formed.

Good luck to you,

Merry A. Kogut, Attorney at Law ... Read More

Q. Can I file a small claims lawsuit in Washington for a car loan default of $4,135?

May 27, 2025

A: I am so sorry you may not get paid. Of course, you can file in Small Claims Court, and you can ask for repayment of the loan in full, plus interest, plus the cost of filing, plus the cost of service of process (it doesn't hurt to ask, but there's no guarantee the judge will award all those things to you).

Before you file, however, it's a good idea to write to the person who owes you the money, by certified return receipt postal mail (or any other way which gets you a receipt), explain politely that the payments are late and that you expect the person to immediately resume payments. Be polite and professional at all times, and do not threaten to sue. If you would consider a change in the payment plan, let them know that you are open to discussions.

Keep photocopies of everything - in fact, photocopy the envelope with the postal stickers on it (you can use your phone). It will cost you about $8.00 at the post office to mail this; you can mail a second letter by regular mail at the same time (again, take pictures of everything - you may have to show a judge in the future that you made a reasonable attempt to work with the debtor).

If you don't succeed in getting your money and need to file in court, here is some statewide information that explains the process: https://www.courts.wa.gov/newsinfo/resources/?fa=newsinfo_jury.scc&altMenu=smal You can get more information through your county Small Claims Court - some county courts have additional instructions you'll need to follow.

Very often, after you file, and the other side files a response, a judge will ask you to attempt mediation to resolve the matter. If you can settle, be sure to do something where you get the money into your hands.

Attorneys are not allowed in Washington courts, but you can have one help you with the paperwork or provide some coaching outside the court. You can also sit in in Small Claims Court proceedings ahead of time, to see what it's like - they're open to the public - even the online procedures! And there are lots of You Tube videos that provide information, but try to stick to videos specific to WA State, as every state handles this differently.

Good luck, and I hope I've been of some help to you!

This information is provided for educational purposes only. No attorney/client relationship has been formed.

Merry A. Kogut, Attorney at Law ... Read More

Q. What Power of Attorney suits an 18-year-old's financial and healthcare needs in WA?

May 20, 2025

A: Thank you for being a concerned parent for your adult "child." That's great!

First off, I am a Washington State attorney, and can only address WA questions. If your child is going to school in a different state, your child should prepare documents that will be recognized/followed in that state.

Next, if the school is in WA, just keep in mind that this is your child's decision, not yours.

But it's a great idea - I always suggest to everyone to get these documents in place as soon as one turns 18.

In many ways, the easiest way to do this is to have one POA for medical/health decisions, and one POA for financial matters/decisions. If your child agrees, either or both can become effective immediately upon signing.

Not everyone will agree with me, but I like separate documents because what business is it of a doctor to know one's financial arrangements? And what business is it of a financial institution to know one's personal health/medical decisions?

As far as financial matters go, keep in mind it's possible to start a checking, savings, stock, or other financial account as a joint account. So, perhaps you may want to add/substract some money from a college fund once in a while, and the same may be said for your child.

As far as health matters go, it's also a good idea to have what Washington calls a "health care directive" or "living will." These usually cover end of life decisions, but can also cover a person's desires on how to be treated while recovering from an accident or illness - for example, does the person want the tv in a hospital room to be tuned to HGTV 24/7? Does the person want to avoid spicy food or cilantro, like my niece?

I hope these thoughts have been of some help to you. I'm not signed up with a paid account on Justia, but can be reached through the Washington State Bar Association directory at wsba.org

Best,

Merry A. Kogut ... Read More