Elizabeth Rankin Powell’s Answers

Elizabeth Rankin Powell

Tacoma Landlord / Tenant Lawyer.

Contributor Level 20
  1. Do I need legal representation for a temporary restraining order filed against me for domestic violence?

    Answered over 2 years ago.

    1. Elizabeth Rankin Powell
    2. Dave Hawkins
    3. Lennard Anthony Nahajski
    3 lawyer answers

    The problem is that the system is very much set up to presume that you are a violent abuser. There are no rules of evidence in DV hearings, and the consequences are similar to being convicted of a crime, but on a civil (more likely than not) standard of proof. If you have any leanings towards recreational gun use, be aware that if she is granted an order you will never, ever lawfully handle a firearm again. For some people this isn't an issue, for others it is. Domestic violence is...

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  2. Is there a statue of limintions on druess and undue influence in Washingon state on civil actions?

    Answered about 2 months ago.

    1. Elizabeth Rankin Powell
    2. Eric Christopher Nelsen
    2 lawyer answers

    There is another rule that is even more pertinent - the Deadman's Rule. That says that a person does not get to testify about what a person who is deceased was thinking or doing because the deceased person is not there to contradict the person testifying. How does the estate lawyer think he is going to prove that there was anything untoward about the transaction? Land is only conveyed by deed. You have the deed, right? Signed by the previous owner and properly recorded, it's too late to unwind...

    8 lawyers agreed with this answer

  3. I'm receiving threatening phone messages from an attorney

    Answered 4 months ago.

    1. Elizabeth Rankin Powell
    2. Robert Daniel Kelly
    3. Rixon Charles Rafter III
    4. Alan James Brinkmeier
    4 lawyer answers

    Sounds like a scam to me as well. A payday loan from 2004 would be uncollectable after 2010, because the statute of limitations on a written contract in WA is six years. An attorney would be at risk of discipline if they left threatening messages for any reason, but especially in regards to a debt that is no longer collectable. Your recourse is to bring this activity to the attention of the Washington State AG and the CFPB (the national consumer bureau). You can find both on line and make your...

    8 lawyers agreed with this answer

  4. Does my Mom need a financial Power of Attorney if she is widowed and I am the only child?

    Answered 12 months ago.

    1. Elizabeth Rankin Powell
    2. Martin Harvey Cohen
    3. Ruth Elaine McMahon
    3 lawyer answers

    I think a DPOA is more important than any other financial planning instrument for a person who is not married. Institutions will not speak with a representative without permission from the principal. Decisions you can make that would make her life easier and more comfortable can be stymied if you do not have this permission. The effectiveness of the DPOA terminates upon the event of her death, and then the will speaks as to what happens. The advantage of having a will is that in WA, you can...

    8 lawyers agreed with this answer

  5. My husband have a collection agency calling me at 6:10 in the am telling me He has a payday loan that wasn't collected in 2004

    Answered about 1 year ago.

    1. Elizabeth Rankin Powell
    2. Tim L Eblen
    3. Robert J Adams Jr.
    3 lawyer answers

    I agree this is likely a scam. If you want this to stop, make a report with the Washington State Attorney General's Consumer Protection Division and also the national Consumer Protection Agency. Whenever they threaten warrants over an unpaid bill this is a good clue its a scammer, not a legitimate agency. Elizabeth Powell

    8 lawyers agreed with this answer

  6. Am I expected to honor a lease after the property changes ownership and management?

    Answered about 1 year ago.

    1. Michael Thomas Smith
    2. Elizabeth Rankin Powell
    3. Shawn B Alexander
    3 lawyer answers

    A new owner coming into your rental agreement has to honor the contract you signed as written. There cannot be new policies and practices that are inconsistent with the lease you signed. Whether or not you owe them another month's rent is not something I can figure out on these facts. Whether or not you owe that rent doesn't turn on whether or not you signed a contract with the new managers. When you get yourself settled, perhaps you can investigate any possible remedies with an attorney....

    8 lawyers agreed with this answer

  7. Do i need a will if all my assets are given to my only child before I leave the planet

    Answered almost 2 years ago.

    1. Daniel Orville Kellogg
    2. Jennifer L King
    3. Elizabeth Rankin Powell
    4. Matthew Erik Johnson
    5. Peter Jay Visser
    5 lawyer answers

    Whether or not you need a will depends on whether you own real property while you are here, or not. Leaving a properly executed will for your only child may seem like it is a lot of work, but it isn't and it puts your heir in a better position. For example, if your estate needs to be probated and there is no will, then your heir will probably have to post a bond and get court approval to sell anything titled in your name. The decision to hand over everything before you are gone can create tax...

    8 lawyers agreed with this answer

  8. My roommate tried to kill me and got a dv charge

    Answered almost 2 years ago.

    1. Elizabeth Rankin Powell
    2. Patrick Owen Earl
    3. Jay Bodzin
    4. Thuong-Tri Nguyen
    4 lawyer answers

    The DV charge probably triggered a no-contact order from the Court. If she hasn't been arraigned yet, you might want to speak to the DV victim's advocate about whether or not the Court will issue a no-contact order. If the criminal court doesn't, go get a DV order from the civil court, it has the same effect. The RLTA contains provisions to deal with what happens when a tenant is a victim of DV (it is DV because you were living in the same household, under the same roof sharing the kitchen and...

    8 lawyers agreed with this answer

  9. Filing at the king county clerks.

    Answered almost 2 years ago.

    1. Elizabeth Rankin Powell
    2. Shawn B Alexander
    3. Thuong-Tri Nguyen
    4. Thomas Martin Morningstar
    4 lawyer answers

    You can certainly go in person and ask. In King County, if you filed something without a signature or a date, you may very well get a copy back in the mail along with a "faulty document fee" invoice, requiring you to pay the clerk for the trouble of dealing with your document. That is how King County rolls. Your best bet is to go in person to the clerk's office, and ask. Elizabeth Powell

    8 lawyers agreed with this answer

  10. How do I evict a roommate who is also on the lease?

    Answered about 2 years ago.

    1. Elizabeth Rankin Powell
    1 lawyer answer

    Are you the landlord? If you are the owner of the property or the "head tenant" then you can do a 3-day pay or vacate notice to start the unlawful detainer process. If you are roommates with this person and all of you pay rent to a landlord, then the decision to evict your roommate is up to your landlord, not you. If she's on the lease and not paying her share, you can sue her for that, but her right of possession can only be terminated by the landlord. I can't tell from your facts whether...

    8 lawyers agreed with this answer