Skip to main content
Jonathan A Baner

Jonathan Baner’s Answers

103 total


  • I have an ex girlfriend that will not leave my house asked her many times to leave her answer is take me to court to get her

    out she pays no rent and pays bills when she can or feels like it, she is not on the mortage or any type of lease.Any help on where to begin to free myself from her is wanted. Thank you.

    Jonathan’s Answer

    So evict her. The general eviction process is pretty simple: You'll want to start with a proper notice to initiate the unlawful detainer, then draft a summons and complaint after the notice expires, have a professional process server serve her with the summons/complaint, then if she contests it set it for a hearing. If she is a subtenant with no right to possess the property outside of what you agreed to, then it should be straightforward.

    NOTE: There is some that view the above process in your type of circumstances as not being the appropriate legal theory and instead insist on following a general court action to remove her. This process takes a great deal longer than the above suggestion, but may be necessary depending on the particulars of your situation.

    See question 
  • Can i appeal a ticket after it's been sent to collections and the judge has already received my letter and made his judgement?

    I got a ticket for no insurance. I did have insurance but could not find my ID card. I was working an 1hr 20m away from my home at the time plus I tend to procrastinate a lot. I mailed my ID card to courthouse 3 weeks later. I never checked up on ...

    Jonathan’s Answer

    I've pulled tickets out of collection that were somewhat old, but, legally I don't think they should have been able to be done. If you have notice of the infraction (which you indicated you did by sending in an ID card to the court) it seems somewhat inexcusable. The longer ago this occurred the less likely you can realistically think a CRLJ 60 motion to vacate would be successful.

    See question 
  • Business partner owes me $14,500 and refuses to pay. Says she doesn't have the money.

    I run a recruiting firm and work with independent recruiters on different positions we are working to fill. We charge a fee based on first year salary and offer a guarantee should the candidate not work out within 90 days. I placed a candidat...

    Jonathan’s Answer

    Your looking at a breach of contract and likely some other causes of action (such as an unjust enrichment theory). It sounds like a case that belongs in District Court and that you quickly move for summary judgment on and begin the collection process.

    It is important to know, as I am sure you do, that "I can't afford to pay" does not excuse a breach of a contract.

    See question 
  • How do i get my wifes rights terminated and handed to me what forms what signatures?

    my wife is very mentally unstable and is currently living with drug dealers and usuers

    Jonathan’s Answer

    Sir,

    As you can imagine there are often competing stories about other parent's abilities. I am not sure if you two are still married, but if so you would have to address the parenting plan during the dissolution/legal separation. If you are divorced and that wasn't sufficiently addressed you will want to do a parenting plan.

    Note that if your wife is very mentally unstable the court might not be willing to move forward without first appointing her an attorney/GAL.

    Realistically, you probably just need a parenting plan. Very few mothers are willing to sign away parental rights. You can go to courts.wa.gov for a complete list of court forms that are mandatory. www.washingtonlawhelp.org also has a lot of walkthroughs.

    See question 
  • I have leased merchant machine and i need to cancel it, but they say its non-cancelable... wat do i do?

    i had signed with another merchant service and i didn't read all the small letter details in contract so now im in deep trouble. im paying two different payments on the merchant machine from same company. i only need one machine.

    Jonathan’s Answer

    There might be options. It is probably more conducive to refuse to pay double. As there is likely negotiation options available that is a likely route. Otherwise, it's hard to say exactly without looking at the contract.

    Thanks,

    Jonathan Baner
    Baner and Baner Law

    See question 
  • Whats my rights as co/owner

    My Husbands Ex-employer has a Log Truck ,A few years ago he added My Husbands name on the Title as Co/Owner.What legal rights do we have to the truck. He has recently quit and is owed a substantial amount of back pay & the Ex-Employer is refusing ...

    Jonathan’s Answer

    if you hold it as joint tenants, which I suspect to be the case, then I believe the answer is no. I am not certain on that. Generally, co-tenants ALL have EQUAL rights to possess the whole. However, one option - if indeed he is owed back pay, and the employer actually owns the truck - would be that the truck or other property might be the subject of a pre-judgment attachment where the property is held to prevent it from being sold. That envisions an actual lawsuit to collect the back pay.

    See question 
  • Corporation and Business Dissolution

    I own a corporation and a business under the corporation My business partner and I decided that we want to dissolve both the company and corporation After they are dissolved I do not want my business partner forming his own business with the same ...

    Jonathan’s Answer

    search for non-compete clauses/agreements and read carefully.

    See question 
  • Question about check fraud

    I cashed a check for my cousin who claimed the check was from her employer. My bank held the check for two days and then released it. I assumed that they had verified the funds and everything was okay. I withdrew the funds and then gave it to m...

    Jonathan’s Answer

    This might or might not be a general fraud case rather than a UCC case. I'd be glad to talk to you for 15-20 minutes or so for no charge during the week. Give me a call please.

    See question 
  • My wife owns a house that her son lives in. An acquaintance of his moved in and was supposed to pay rent.

    There was never a verbal or written agreement as to the amount, so I believe there is no contract here. Basically he is a squatter. He is avoiding us as I have tried to contact him numerous times to set a rent and collect 3 months of rent now ov...

    Jonathan’s Answer

    You question implicates two different scenarios. A pay or vacate is one option, but I am a little concerned that you say there is no agreement about the rental terms. If no terms, then it changes things quite a bit. Furthermore, it isn't clear of the Washington Residential Landlord Tenant Act (WRLTA) Act will even apply. You can try a standard pay or vacate letter, but if that doesn't work then either 1. a trespass action; 2. an unlawful detainer action.

    I handle both types of matters, or you can do it on your own (saves money!!!). There are a number of good online resources that will aid the pro se (non-represented litigant) through this process. It seems as though you'll be fine.

    See question 
  • I am just now getting noticed that my check wil be garnished and it has been 10 years.

    Ten years ago I lost my job called the credit union to let them know. They came and got the car. I just now get paperwork in the mail letting me know that a judgement was filed Oct. 2002 (Why did I not get a notice?) Today I get a copy of the jud...

    Jonathan’s Answer

    This sounds oddly familiar. It's not really in the form of a question. You'll want to contact the local bar referral and ask for someone that does consumer protection and/or debtor defense. It can be a somewhat complex area that requires a bit of expertise of CPA/Debt Collection law and good understanding of the civil procedure rules governing the area. It is possible, but not greatly likely, that you may be able to find an attorney to handle the matter either on a contingent type basis (only collects if attorney fees awarded). The Moderate Means program does also offer a debt collection referral source for those that are 200-400% of poverty level, however, individual attorneys still set the actual rates.

    See question