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Kristy Weiszmann Fox

Kristy Fox’s Answers

4 total

  • Can my former state, (IL) sue me in my present state, (WA) for 10 year old taxes?

    I have lived in Washington State since 2001. I have an old state of Illinois tax debt (17k.) dating 1997 and before. They have a lein notice in the IL. county I lived in. But not a "court judgment". Illinois has had my contact information the enti...

    Kristy’s Answer

    Illinois isn't likely to file a suit against you in Washington. If they decide to go to court to get a judgment, they'll likely do it in Illinois and serve you with notice of the suit in Washington. Then you have the choice of responding to the suit in Illinois (which would require hiring an Illinois lawyer to represent you there) or ignoring it and letting it go to default judgment. If the state of Illinois gets a judgment against you in an Illinois court, they can then come to Washington and file a foreign (out of state) judgment against you. That would give them the same power to enforce the judgment that they would have if they had obtained it in Washington state.

    Whether Illinois has jurisdiction over you as a Washington State resident with a delinquent Illinois tax bill is a matter of Illinois state law, to be discussed with an Illinois attorney.

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  • Commercial Real Estate, Tenant/Landlord Contract

    Hi there. I have a commercial restaurant space that I've occupied for more than 2 years. My landlord has presented me with a large bill - $15,000 - that stems from an "Additional Rent" clause in the lease. IT is split between property taxes and...

    Kristy’s Answer

    You definitely should see a lawyer who specializes in commercial leases to determine if your obligation to pay the Additional Rents is specifically predicated on the landlord's meeting the dates for informing you of the amounts. But in reality, most leases are not written that way, and it's not that uncommon for landlords to miss the dates. So it becomes a matter of lease interpretation - you think it means you don't have to pay if the landlord doesn't meet the date, your landlord doesn't agree. Who's right? Only a court can decide that. But one of you has to sue the other to get there.

    So what's the practical result if you just refuse to pay? Your landlord can declare you in default of your lease, sue you for the past due amount and for unlawful detainer (eviction). Unless you're willing to move your restaurant immediately and have a judgment against you for the unpaid rents, you'll probably fight that. So there you are, in court in an expensive and unpleasant lawsuit with a very uncertain outcome.

    Your landlord doesn't want that any more than you do. If there was ever a situation that called for a negotiated settlement, this is it. There are a couple of options. You can have your lawyer negotiate with the landlord on your behalf, or you can do it yourself. If you (or your lawyer) can't come to an acceptable agreement with the landlord, propose a mediation and contact a professional mediator or mediation center (or have your lawyer set it up). You can have your lawyer represent you in the mediation, or you can do it yourself. Either way, the cost of the mediation would be well worth it.

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  • Quit Job - Unemployment Benefits

    I moved to Washington State from California, to help my daughter's aunt. She was in an abusive relationship and had no means of leaving. She asked for my help, to help take care of her daughter. I moved to Washington to help and 3 months after ...

    Kristy’s Answer

    How long have you been working in Washington? You have to have worked in Washington state for four of the last five calendar quarters to qualify for unemployment benefits from the state. Even if you have worked here long enough, when you quit a job, you usually don't qualify for unemployment benefits. There are some exceptions if you have "good cause" to quit, but that "good cause" is very specifically defined and the state doesn't deviate from those definitions at all. The only thing you mentioned that might qualify is your illnesses, but getting unemployment when you quit because of bad health is very hard to do. You have to first do everything you can to keep your job in spite of your illness, including going on medical leave (and for that, virtually all employers require that a doctor certify that you're too ill to work) and being willing and able to go back to your job when you're better - tough to do if you're living in California.

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  • Defense against assault 2 - dv confusion

    I had a legal question. I am twenty and my girlfriend is twenty-three. This is pretty embarrassing. We were having this role play kind of sex. We got rough, but she was first to go. (We both grew up with a lot of abuse in our families.) We bo...

    Kristy’s Answer

    Talking to the prosecutor's office isn't likely to help at this point. Prosecutors take domestic violence charges seriously, and your claim that it didn't really happen that way won't carry much weight. Victims often recant after their partners are arrested, even when the assault was real, and prosecutors know that. Telling the prosecutor that the assualt was part of sex play isn't likely to help either: Assault 2 is a Class B felony, and if the prosecutor decides to go for a finding of sexual motivation, it's a Class A felony.

    Be aware that you're both the victim and the only direct witness to your girlfriend's crime (your mother is a witness to its aftermath), so the prosecutor is going to be contacting you at some point about what your testimony would be if the case goes to trial. If you can afford it, talking to a criminal defense attorney to get advice on what to say is a good idea.

    If you can't afford a lawyer (and even if you can), find a domestic-violence victim's advocate to talk to about the situation - they're very knowledgeable about the court system. Their job is to help you, the alleged victim. There is a list of agencies on the King County court clerk's website.

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