Michael James Pratum's Answers

Is This Proper Service In a Family Law Case?

If there is sufficient time before your threshold hearing, I would have the server go back when she is home, knock again, and if she refuses to answer, the server can write down some notes on why they know she is home and why they feel she is refusing to answer the door, and use some push pins to tack the paperwork to the front door if it is wood, or if not to the door frame, then leave. Or leave them inside the screen door if there is one. They can also check any car parked in the driveway...

Selected as best answer

What can I do???

Anyone telling you to "do nothing" is telling you to violate federal law, which could result in civil and/or criminal penalties. Did that advice really come from a licensed attorney? Or did I misread their comments? The federal government has a lien on the tax payer's property (such as a home or bank account) as soon as they make a demand for payment. They are not required to record a lien on real estate for this lien to take priority over other creditors who may have a claim to your...

3 lawyers agreed with this answer

Wondering if I have a breech of contract and what to do about it.

I guess I wonder whether what has happened constitutes constructive eviction. If you are unable to use space that previously was negotiated as what you pay to use and enjoy to operate your business, it may amount to an eviction, but you still have the premises in your possession. Thus the term "constructive eviction". You are evicted for all practical intents and purposes from a portion of what you negotiated in your rental agreement, just not physically evicted from the entire property....

Selected as best answer

When you respond to a divorce settlement offer with I accept and your lawyer says no you do not, who is in charge? WA state

The client is in charge of decision making, not the lawyer. Yes, you pay them for legal advice, but it is not up to the lawyer to agree with you, it is up to them to carry out your choices. Their job is to clearly advise you of your options, the probable outcome of each option based on the information the lawyer has about your case, and the amount of formal and informal discovery they have conducted to properly evaluate the case. If they have done the proper discovery to prepare the case,...

2 lawyers agreed with this answer

1 person marked this answer as helpful

How do I revoke or dismiss a restraining order?

As Mr. Hawkins has stated, libel is not relevant. This is a legal term and is a serious accusation. What you want to avoid is making comments that rile the court and cause them to take you less seriously as to the underlying cause. You also will only have a limited amount of time to address the court. Please understand that typically the court commissioners have many hundreds of pages of materials to read each morning before a calendar of motion hearings. They don't have a lot of time...

2 lawyers agreed with this answer

Can Grandparents reasonably offer Judge ability to grant temp custody while divorce is litigated? Washington State case

Your post says this is a divorce. So the court has not yet entered a temporary parenting plan, at least I am making that assumption. Assuming the above, as the other attorney stated, you have a tough situation as grandparents. The parents have the legal authority to define the parenting plan, unless there is an order terminating their rights. I have not personally seen the grandparents given custody of a child when the parents are available, except when the parental rights were...

2 lawyers agreed with this answer

What are the ways a assault 2 charge be completely dropped?

You have not provided enough information to answer your question. "Completely dropped" means to me that the prosecutor agrees to dismiss your case. In order to do that, the prosecutor would have to decide there was insufficient evidence to obtain a verdict of guilty if the case were tried to a jury or a judge. This would be case specific, and since you provided no information about your case, this is the best answer I can give you. There are many strategies that attorneys use to...

3 people marked this answer as helpful

I'm executor of my mothers will. Bank showed $8300 in her savings. only property she had.

1. Check the entire fee agreement you signed with this attorney. See what it says about who or what is responsible for the fees. If you are the personal represntative, you likely signed in that capacity and the attorney would look to the estate for his or her fees. 2. Attorney has to know what the assets and liabilities are in the estate, right? Have you misrepresented anything to him? 3. Was there a will? Does it address anything about costs and how estate costs are paid? 4. Have...

1 lawyer agreed with this answer

1 person marked this answer as helpful

Can I file charges against my ex- for failure to abide by the filed parenting plan?

"File charges" means, I presume, you want to call the police. Your remedy is to file a motion in court to have the parent found in contempt. The court will most likely determine if the parent intentionally disregarded a court order, and if they feel they did, they may find them in contempt but they will likely give them a chance to purge the contempt by doing what they order, which could include allowing make up time for whatever you missed up to that date.

1 lawyer agreed with this answer

If someone contracts an infection in/from a hospital and dies (at the age of 26) is a lawsuit worth considering?

You need to consult a legal medicine attorney (medical malpractice). There are a number of very good firms in Tacoma, Seattle, and elsewhere around Puget Sound that can review your case and help you decide if you have a case worth pursuing. However, there are time limits on filing a lawsuit. Do not wait to have an attorney review your case. You may have to consult several to find one who you feel you want to use. You also will have to obtain the entire medical flle of your nephew and...

1 lawyer agreed with this answer