Skip to main content
Matthew Erik Johnson
Avvo
Pro

Matthew Johnson’s Answers

1,609 total


  • What does a preacipe to record judgment mean?

    I received a civil action suit from a credit Nov 2013 and have paid $100 monthly to them faithfully since that time to current but this week now I received a Preacipe to Record Judgment and I am not sure what that means. Can you please help?

    Matthew’s Answer

    This means they have filed a lawsuit against you and are demanding you respond to the Preacipe in order to avoid a default judgment. Essentially this is fancy legal jargon intended to confuse you. Thanks PA. This means you have to appear and show cause why a writ shouldn't be issued against you. Im assuming a writ of garnishment but I could be wrong.

    I would visit with a bankruptcy attorney or several in your area. Don't necessary file but you need to know your options as to Bankruptcy or debt negotiations.

    See question 
  • What are the next steps to take when disputing a debt collection on your credit report. I already filed something on transunion

    I have told the debt collector that I dispute the debt and the name on my credit report of the original creditor is inaccurate. I've never had any type of business dealings with that individual.

    Matthew’s Answer

    Usually the next step would be to follow up with the credit agency and to send out a letter to the agency to correct the change and document the attempt to correct the error. Make sure you keep all mailing receipts and to sent the letter by certified mail so you can verify this in the future if a lawsuit needs to be filed.

    See question 
  • Do I need to pay a use tax on digital products my business uses, such as stock photos I purchase to use in projects for clients?

    I came across the article on Digital Products Rule Adopted on dor.wa.gov. Trying to determine if I need to pay Use Tax on all the stock photos I purchased for use in my projects. To be clear, all my clients are outside of WA, I have no c...

    Matthew’s Answer

    No. You pay tax on your earnings and the money you use to purchase the stock photos are business deductions. Any sales tax should be included in the sales price and are paid by the provider. You do not pay them.

    See question 
  • My dad had a will made up in 1990. My mom had one made up for herself after he passed. Heir on my dad but not my moms. Legal?

    My dad had a will, then once he passed my mom made a new will which she left my sister everything. I was in my dads will as an heir. Legal? I just learned after her passing that she even had a will.

    Matthew’s Answer

    This would highly depend on the estate plan which was engaged at the time your father passed. If he used a trust then its possible your mom would not have authority to disinherit you in a will of the trust assets.

    If your fathers will was made in consideration of your mother's will, and a no-modification clause was included, then you would have a claim against the estate.

    Finally as mentioned, if there was undue influence by your sister in changing the will (which can be hard to prove) then you might have a chance to challenge the will.

    Absent either of these two circumstances, if your father left everything to your mother, then she has full rights to do whatever she wants with the property, including excluding a potential heir.

    See question 
  • How do I designate payment to each successor on a small estate affidavit?

    For the Small Estate Affidavit for the State of Washington, there is no option to have the property evenly divided between successors. The choices are "sole heir" or one individual claiming it all and disbursing. How do I instruct the insurance ...

    Matthew’s Answer

    As noted by the other attorney here, a small estate affidavit allows a person to take possession of any property available. They then have a fiduciary duty to distribute those assets according to state law (absent a different agreement)

    See question 
  • Can I fire the executor to the estate that was left to my brother and I? She is not doing her job.

    My mother died left the estate to my brother and I and left a executor for the estate and she is not doing her job we have been in probate for two years and she still hasn't done inventory on any of the property and we have received 0 reports on...

    Matthew’s Answer

    As Mr. Nelson has advised, there are a few methods available to acquire an accounting. This will require filing an adversarial claim and/or motion to compel production of the accountings. If distributions were improperly made, you may file a lawsuit against your sister for violation of her fiduciary duty. Recently I have also noticed a rise in attorneys leaving cases open and charging up hourly fees with no legitimate reason to do so. In that case it would not be your sister at fault, but the attorney, and you can file a grievance with the state bar and/or malpractice.

    See question 
  • My mom died on Jan 5th. My sister is the Exec. I have no idea what is going on other than cremation. Any advise?

    I don't know if my moms will has been changed. My dad had one made before he died. My mom was cremated per her request. I know nothing else, what if Any rights do I have? I don't even know who has done the cremation. My sister has handled everythi...

    Matthew’s Answer

    You do have the right to force a probate if you need to. If a probate has not been filed, you can open a case and order a will to be produced if you believe your sister has a copy. If none can be found, the estate will be distributed by intestate succession (default rules for distributing assets), and you should seek to be made executor if your sister is unwilling.

    See question 
  • Estate

    If you are not the executor of an estate what are your rights? My parent died recently and I want to know.

    Matthew’s Answer

    The estate will be distributed in accordance with the will. There should be provisions in the will which distribute assets if a beneficiary predeceases the will creator. You should request a copy of the will and after probate you should receive a distribution. Probate can take between 9 months and a year so don't expect anything right away. Taxes need to be filed, creditors need to be notified and given the opportunity to file, and certain assets may need to be liquidated.

    However, keep apprised of the goings on if possible. You also don't want anyone stealing assets from the estate.

    See question 
  • Filed chapter 7 debts discharged. Mortgage co. does not want the trailer, but wont move off private property because they

    dont want to mess with it anymore due to being in bad shape. My property is free and clear. Do I have the right to order it off within 30 days or it is mine to keep?

    Matthew’s Answer

    There are a couple avenues, most of which take more time then they are worth. If they have clearly stated (and you have written documentation) that they have abandoned the property... then its your property. Do with it as you wish.

    If you want them to come get the property off, then it may be considered a trespass and you could, hypothetically, get a court order (small claims perhaps) removing the property and compensating you for storage fees.

    See question 
  • Still receiving mortgage bills after filing Ch7 in 2011

    Filed CH7BK in 2011, discharged Feb2012. moved to Texas for job and vacated home. Bank of America continued sending monthly bill and charging insurance, sold loan to Nationstar in 2013, started receiving monthly statements and bills from Nationsta...

    Matthew’s Answer

    I agree that short-selling is probably the way to go. As the other attorneys here have indicated, your legal obligation to pay on the debt was discharged with your bankruptcy. You are on title, and if your bankruptcy was closed (which it looks like it was) you can move on. You are no longer liable for anything.

    However, if you did a reaffirmation agreement you are still liable for the debt. Sounds like you didn't, but if you did, short-sell quickly.

    See question