Michael James Pratum’s Answers

Michael James Pratum

Auburn General Practice Lawyer.

Contributor Level 9
  1. Can Grandparents reasonably offer Judge ability to grant temp custody while divorce is litigated? Washington State case

    Answered over 2 years ago.

    1. Dave Hawkins
    2. Michael James Pratum
    3. Robert Ricci
    3 lawyer answers

    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...

    4 lawyers agreed with this answer

  2. Is This Proper Service In a Family Law Case?

    Answered over 2 years ago.

    1. Michael James Pratum
    2. Dave Hawkins
    3. Frances Turean
    3 lawyer answers

    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...

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  3. What is the maximum amount of interest rate a lender can apply to a personal loan in Washington state?

    Answered about 2 years ago.

    1. Michael Duane Daudt
    2. Michael James Pratum
    2 lawyer answers

    Hello: There are exceptions to Washington State's usury laws. Credit card and other "retail installment debts" are exempt. Read your contract carefully, but having worked in the auto business myself, I would have to guess your contract is written in a way that avoids the usury laws. There are other exceptions as well. Use this link to get more information on this topic from the Washington State Department of Financial Institutions: http://www.dfi.wa.gov/consumers/...

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  4. What can I do???

    Answered over 2 years ago.

    1. Christopher Michael Larson
    2. Michael James Pratum
    3. E. Martin Davidoff
    4. Lawrence Michael Blue
    4 lawyer answers

    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...

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

    Answered over 2 years ago.

    1. Thuong-Tri Nguyen
    2. Michael James Pratum
    3. Rand L. Koler
    3 lawyer answers

    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....

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  6. Can my employer evict me with no notice?

    Answered over 2 years ago.

    1. Michael James Pratum
    2. Ryan J. Weatherstone
    3. Elizabeth Rankin Powell
    3 lawyer answers

    That's an interesting question that makes two suppositions. First, it is an employer. Second, they are your landlord. Landlord tennant law defines what a landlord can do to evict a tenant. If you have an agreement that shows you were allowed to live in the home as compensation for working as a nanny, I think you probably have a landlord-tenant relationship. I hate to sound tentative, but it depends on the writing you can produce and what it says. We don't know what happened to...

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  7. 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

    Answered over 2 years ago.

    1. John Groseclose
    2. Frances Turean
    3. Michael James Pratum
    3 lawyer answers

    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,...

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  8. Do I have basis for legal action?

    Answered 9 months ago.

    1. Christopher Michael Davis
    2. Michael James Pratum
    3. Gary Ralph Ilmanen
    3 lawyer answers

    Hi: Some companies are just out to sell their product and won't offer refunds for defective products, only repair or replacement. If they offer one of those remedies, in my opinion, it isn't worth your time to pursue legal action. "Legal basis" as you say is a broad term and you haven't given us enough facts to exhaustively evaluate that and give you a definitive answer. Is there a possible avenue for legal redress? Well, maybe. Is it worth your time? In my opinion, nope. I don't...

    2 lawyers agreed with this answer

  9. Need a WA state attorney to answer this one. Is there a time limit for serving a petition after filing for divorce in King Co?

    Answered over 1 year ago.

    1. Kate M Forrest
    2. Michael James Pratum
    3. Bruce Clement
    3 lawyer answers

    If he is serving in the military, there are special rules that apply. If he is a civilian, I would do some footwork to find process servers in the country where is is currently located and see what it will cost you to have him served over there, preferably before you file the case, so if you run into any problems you can resolve them prior to filing your divorce. Otherwise, I agree with Kate's suggestions. And I agree with her that the Case Schedule is not your friend if you run into a...

    2 lawyers agreed with this answer

  10. Does my wife have the right to remove my personal belongings from the house I am no longer in while we are going through divorce

    Answered about 2 years ago.

    1. Robert Daniel Kelly
    2. Dave Hawkins
    3. Michael James Pratum
    4. Michael John Gainer
    4 lawyer answers

    The least expensive route is to have your attorney contact her attorney and advise she is about to be served with an Order to Show Cause if she removes any of your belongings. The lawyer for her would hopefully be ethical and have a "sit down" with his/her client and bring her to an understanding as to consequences and why she should not do this. If you don't have a lawyer, as other answers have suggested, your recourse is, other than advising wife of your right to have her hauled into...

    2 lawyers agreed with this answer