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Clayton Harold Walker Jr.

Clayton Walker’s Answers

412 total

  • Would it be beneficial to file for old court ordered saved PFD's since I'm 18?

    I just recently turned 18 at the end of the year, and I am constantly being manipulated into a cookie cutter future I don't want. I come from a divorced parents so the court put the yearly state PFD in an account. My mother tells me I can only get...

    Clayton’s Answer

    If you know the bank where the account is held, go and seek to withdraw the funds as the account owner and put the funds in your own account. If the bank refuses to do so, they should provide you with the information restricting them from doing it. If you don't know where the account is and your parents won't tell you; then, file a motion in your parent's divorce proceeding asking the court to enforce its prior order requiring the parents to keep and account to you at your age of majority for the PFD. Assuming the divorce was in Alaska you can look the matter up on Courtview.

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  • I am being taken to small claims court, if I settle out of court after Answering the summons, can I still be sued?

    I am currently in the middle of answering a summons for a small claims court case set against me by Capitol One, I currently owe them $1417.29, I received a summons and am filling it out. I spoke with the collection agency Suttle and Hammer, the w...

    Clayton’s Answer

    Suttell & Hammer is a Seattle, Washington law firm that does not have offices in Alaska. You can't just deal with them in person which makes it cumbersome. You state that they offered you a settlement for a sum certain after they sued you. You can write the check out for the amount offered and on the endorsement line write " Settlement paid in full." You should then file an answer with the court. Your answer should state that you accepted a settlement offer of the case and tendered payment in full of the settlement. If you have any disputes of the underlying facts asserted you should dispute them in the answer. There is an exception in the IRS tax code on debt forgiveness provisions for disputed debts.

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  • Both of my parents have given their word that they would pay the balance of my student loans

    Subsequently they renigged and or acted like they didn't make such statements. What can I do to hold them accountable?

    Clayton’s Answer

    The statute of frauds rule in most states requires the promise to pay a debt of another to be in writing. No writing and the court won't consider the claim. You will have difficulty proving a valid claim based on your oral representations.

    Even if you were able to prove they made the statements, the court could throw out the claim because it was not reasonable for you to rely on the oral promise.

    Fraud is an exception to the rule. However, you would have to convince the court that when they made the statements they had no intention of ever paying. So long as they intended to pay when they made the promise; their later decision to not pay would not make the original statements fraudulent.

    The case of SPOLJARIC v. PERCIVAL TOURS, INC., 708 S.W.2d 432 (Tex. 1986) is one of the few cases that upheld a fraud claim based solely on a parties subsequent failure to pay on an oral promise.

    I predict that if you sue your parents, you lose your family and any potential inheritance from them, even if you lose. I predict that even if you get to a jury, they will rule against you. Half of those over 18 never went to college. Only half of those that went to college graduated. 75% of your jury pool won't have a college degree. Without knowing either you or your parents I guess the jury won't like you or your claim.

    Thankfully you now have a great education. You have a huge potential network of colleagues. Build your network of those that you know. Make a point of meeting more each week. Ask them what they are doing. Offer your services to help. Ask people to share their three biggest problems with you until you find a problem that you can solve.

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  • We did a commercial job carried over from last year. We haven't been fully paid. What steps do I need to follow to file a lien?

    We have one invoice in particular that is well over due from Nov. 2012. We have been paid a little here and a little there, and keep getting the run around when it comes to being paid anything remaining. This is a large North America food distrib...

    Clayton’s Answer

    Liens are a great way to get paid. Liens are based on your Oregon statutes. While all states have lien laws, they all tend to have their own. As a general rule the limitations period for filing liens is very short. You should seek local counsel sooner rather than later or you may forfeit your lien rights. Fortunately, every lien statute that I have seen gives the contractor a right to recover attorneys fees.

    Some states forgive minor contractor errors in lien filing. Other states are draconian and will throw the lien out if it is not perfect. You owe it to your family to talk to local business attorney about your construction lien claim this week.

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  • The best option? 1. To pay off the mortgage? 2. To refinance mortgage in my sole name? 3. To sell/split the proceeds?

    Divorce - Joint Mortgage + Title = Marital Home. I want to keep the house (my spouse wants 1/2 equity - the buy out). The best/safest option? 1. To pay off the mortgage? 2. To refi in my sole name? 3. To sell it + split the pro...

    Clayton’s Answer

    • Selected as best answer

    Unless you have about 70% equity in the house, cash to fund the deal or other clear assets for collateral, the bank won't lend you money to take him out. That fact is why so many divorcing couples really only have the options of selling the property or deferring the liquidating process.

    1) Paying off the mortgage doesn't get him his half, it only gets him free of the obligation. You would still have to come up with his half.

    2) Refinancing the debt, without a cash out adequate to give him half, also doesn't answer the question of how does he get his half of the equity in cash.

    3) Selling and splitting the proceeds, so long as, you don't owner finance, always works.

    Experienced counsel bring a lot of value to the table. Evaluating options, saving time, navigating the intricacies of the court system and the civil rules brings peace of mind. There are plenty of capable family law attorneys in Juneau.

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  • Who is the Registered agent for Wells Fargo Home Mortgage

    Need to know

    Clayton’s Answer

    • Selected as best answer

    Unfortunately, Wells Fargo Home Mortgage, Inc. was merged into Wells Fargo Bank, National Association on June 10, 2004. See Articles of Merger here Accordingly, it no longer has a registered agent in Alaska. Indeed it no longer stands alone. Wells Fargo Bank, NA is not qualified in the State of Alaska, which simply means it did not register with the State of Alaska to conduct business. That does not mean that they cannot conduct business in Alaska or that they cannot still be sued here. There have been two separate FDIC certificates issued for Wells Fargo Bank, NA, 3511 for Sioux Falls, SD and 1230 for San Francisco. Only the Sioux falls certificate is listed as Active.

    The headquarters are listed as 101 N. Phillips Ave., Sioux Falls, SD 47104, Minnehaha County. The Corporate website is Under their investors corner they will list all of the current officers. They have 6336 domestic offices. They have 51 offices in Alaska.

    You are very fortunate, they have an office located right in your home town. North Pole Branch, 381 Santa Claus Lane S., Fairbanks North Star Borough, North Pole, AK 99705. It is listed as a Full Service Brick and Mortar Office. Hire a process server to serve any of the lending officers.

    Figuring out who and how to serve a party is one of the easiest things a litigator will do. Everything else is more complex. The rules of procedure in Alaska for the State courts weighs four pounds. It is likely that any claim you have against the bank involves federal law. The bank may be able to remove the case to federal court. If your case is about a deal with the bank, they likely have arbitration clauses in affect. Everything is going to get much more difficult. You should hire an counsel.

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  • Ended my non-profit, started a for-profit. Is it OK to use assets/inventory for the new business?

    Hello, I started a non-profit gift shop two years ago. After debating, I filed the paperwork to end the non-profit and filed the paperwork for a for-profit LLC. Are there any issues with continuing to run my business in the same location ...

    Clayton’s Answer

    From a regulatory standpoint, the IRS performs a secondary role in the conversion process as compared with state regulators. The IRS is primarily concerned with ensuring that fair market value is received in the transaction for the charitable enterprise. You cannot simply extract the value from the charitable enterprise for your personal gain. You generally don’t need to obtain advance approval from the IRS to engage in a conversion transaction.

    The state level is really where the primary regulatory focus exists. The state attorneys general, the courts, and other regulatory agencies play a principal role in the conversion process. Your state attorney general is generally involved in the conversion process.

    From the very beginning, once an organization consults with its advisors and comes up with a business plan, the organization will then find itself sitting down with the attorney general virtually every step of the way from that point on, seeking the attorney general’s guidance in structuring the transaction to comply with the charitable trust laws and other requirements, and almost certainly will ultimately need to obtain attorney general approval for the transaction. The attorney general’s involvement generally focuses on the concept of a charitable trust.

    Once assets are placed in use for charitable or nonprofit purposes, they have to remain in that mode forever. Such assets, or at least the value thereof, cannot be removed from “charitable solution” and used for business or private purposes. There is an equitable doctrine of law in which a court will consider waiving restrictions for charitable use under certain limited circumstances. These limited circumstances are essentially when the charitable purposes become impossible, virtually impractical or illegal to carry out.

    The state regulators focus on four main categories. First is the form of conversion; second is the amount of what is generally referred to as the “charitable settlement;” third is the methodology for valuing the charitable assets that are to constitute the charitable settlement; and fourth is the licensure of the new for-profit entity.

    You should talk with a business attorney in your state that is familiar with charitable organization conversions.

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  • Can my commercial landlord request for us to pay an additional months rent to pay for county taxes?

    My partner and I have been renting an office space for over a year now for $250 a month including utilities and internet. We just just received an email from the landlord today that stated this "Gwinnett taxes are sue and the bill is very huge thi...

    Clayton’s Answer

    The lease is the controlling document in the relationship between landlord and tenant. It is impossible to state an opinion in your position without seeing the lease. It is not uncommon for commercial leases to provide for the tenant to pay the taxes, insurance, and maintenance on commercial leases. Get a copy of your lease and speak with your attorney.

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  • Paid debt through Debt Reduction. An collector is trying to say I still owe a debt, no matter what proof i give what do I do?

    I went through Debt Reduction four years ago. About three months ago a collection agency sent a letter saying that I owed 4,500, a debt that I had already paid. I sent a list of check numbers, amount paid with each, date of each check, and the acc...

    Clayton’s Answer

    You have two separate issues. 1) do you owe the underlying debt or not to the creditor; and, 2) does the debt settlement company owe you for breach of contract or other claim.

    The statute of limitations for collecting a debt is three years in Alaska. That is three years from the last charge or the last payment or the date the debt was due. It is possible that even if you owe the debt that it is old enough that it can't be enforced. It is also possible that you managed to settle the debt and need to prove it.

    It is also possible that the debt settlement people only took your money and never settled or even paid the creditor. If your settlement company is still around you may either get the evidence that you need to show that they did settle the matter. Or you may be able to proceed against them for breach of contract, misrepresentation or violation of a consumer protection act. Unfortunately, most people use out of state debt settlement companies and the money is long gone.

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  • Do I continue to pay rent?

    I recently started renting a unit in a 4 plex I came home last week to a notice on the complex door stating the owner I'm renting from has not paid the mortgage payments in over 6 months and the building will go into foreclosure. So it's like ther...

    Clayton’s Answer

    You may be protected from eviction upon the foreclosure sale under the Tenant Protection Act of 2009. While the original act was set to expire in 2012, it was extended through 2014. See,

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