Last week when I was driving home, I witnessed a drunk/under influence person driving on the road. I immediately called 911 and reported him, while I was reporting him, he decided to pull over and I let the 911 correspondent to know of the locatio...
Your ID will be accessible on the 911 dispatch records which are sent to police officers on patrol. If you don't follow through with a statement (and maybe live testimony) which the prosecutor can use, the arresting officer alone might not have enough evidence to make a successful prosecution. The prosecutor must prove not only that the driver was drunk but also that the police were justified in pulling him over.
Like many other lawyers on this site, I have been a prosecutor and a defense lawyer. From that experience I have observed that the possibility that a defendant will retaliate against you is very small. The real danger to participants in litigation is from divorce cases, where parties and lawyers do get harmed. Run-of-the-mill DUI cases are low risk for witnesses like you, and high risk for killing someone on the road while drunk.
I paid a $600 deposit on an apartment that I'm not going to move into and in the RENTAL APPLICATION says after 72 hours if apprpved, the deposit will go towards move in costs but if your denied your entitled to your money back. I got approved and ...
I'm betting that the rental application contained a receipt for the deposit, but if not, a link to the applicable statute is pasted below. $600 is a steep loss if the landlord kept the unit off the market for only a few days waiting to finalize your transaction. In some circumstances, an unreasonably high penalty in a contract can be mitigated by court action, if you can tolerate the risk and time needed to pursue it.
Here is the link: http://apps.leg.wa.gov/rcw/default.aspx?cite=59.18.253
I was served a eviction summons on Feb 11 I am two months behind rent. I was told by the landlord that I have to vacate by Feb23. How long does the process take and will it be a eviction on my credit report if I move out by Mar7?
The landlord's statement that you must be out by Feb 23 does not control when you must be out. It is only a court order (writ of restitution), posted by the sheriff, which controls when you must move. I am assuming that the landlord has filed the case. If the landlord's summons was not filed at the time you received it, the deadline on the summons is still binding on you. If you missed the deadline even on an unfiled summons, the landlord can get a default judgment against you immediately and probably already has done so.
Once the landlord has a default judgment, the next step is to send the sheriff to deliver a writ of restitution to you (or post it on the property) If the landlord moves as fast as possible, the sheriff could show up tomorrow (or tonight) with a writ of restitution. Notice that sometimes a writ of restitution posted on the property could be stripped off by neighbors or strangers. If it was posted and you simply did not see it, you could be in for a rude surprise. The sheriff is required to wait 3 more days after delivering the writ before supervising the removal of you and your property. If the sheriff is supervising, you will not be allowed to participate in moving your goods. The actual moving is done by laborers hired by the landlord. In King County if the sheriff sees that you are actually progressing in your own moving, the sheriff may give you a little extra time. The sheriff does not necessarily commence the move-out as soon as the 3-day waiting period is over, but when it happens, it will be sudden. Sometimes communication with the sheriff's office and landlord can help extend the time. The landlord does not really want to spend the money, and the sheriff does not want to incur costs and risk, if you are truly making visible progress on your own. There is a complicated way of reinstating your tenancy if you can pay all the money and costs. If you don't follow that procedure exactly, or if you don't have a firm agreement in writing with the landlord to extend the time, don't try making partial payments in the hope that the landlord or sheriff will delay the move-out. Money paid now is down the drain.
It will be an eviction on your credit report if it was filed in court, and even if it was not filed, the landlord can torpedo your credit and future tenant screenings.
Many tenants have more defenses than they realize. It's probably too late now, but you can get free legal advice at the courthouse from the Housing Justice Project, and many lawyers on the Avvo site will discuss the situation by phone without charging.
I have no judgements against me and I was told by alliance one they served a garnishment to my employer. So I am curious if they don't need a judgment as they say, to be able to do this . I've already ran my name thoeight the public record site ...
You should be getting copies of the garnishment orders (after they take the money), and those orders will show the authority for the garnishment. If it is a judgment, the order or writ will show the court and the case number. Some garnishments could be accomplished without a court judgment, such as state child support recoveries, worker compensation overpayments, social security overpayments, military reserve overpayments, and similar situations. Alliance One is often used to collect unpaid traffic tickets, court costs and fines, toll bridge fees, and the like. These don't come out of thin air, however, and you should have received some advance record putting you on notice that collection effort was a possibility, even if garnishment was not specifically mentioned by name.See question
two of my boys moved out and got a place with two others. so Tenant A,B,C,D. They all signed lease, (call it lease 1) and paid deposit..... Some months down the road, tenants C & D moved out, and signed a paper releasing all interest for the secu...
I assume C and D did sign the release, and only E and F are refusing. Reading between the lines, I suppose that the amount of money involved will be swamped by the time and resources necessary to resolve the claims properly. Small claims court could probably not handle it because the case requires equitable adjustment and not merely a straightforward money judgment. The answer on a first year law exam would be that A and B could sue the landlord and C, D, E, and F, force the landlord to pay the money into court, and let the parties fight over it, but the cost would overwhelm the objective. Why not just split the refund with E and F and write it off as a lesson learned? Maybe other lawyers in this forum will have a better idea, but that's what I would do.See question
On Jan 15th, our landlord put a 45 day notice to vacate in our mailbox, then texted me to let me know it was there. Oddly enough, the notice referred to Queensland, Australia landlord law. The landlord lives in WA. Is this considered proper s...
For this answer I assume two facts. First, you are a month-to-month tenant, and second, your rent is payable on the first day of each month. For eviction purposes under the unlawful detainer statutes, a notice to terminate tenancy placed in a mailbox is not valid (unless the mail drop is a slot through the front door, maybe). A termination notice must be delivered to you in person (with enough copies for all residents in the unit), but if you are not home or fail to answer the door, the landlord may post the notice in a conspicuous place on the residence and follow up with a copy mailed to you by ordinary first class mail. If posted and mailed, a 20-day notice automatically becomes a 21-day notice. Email is not valid for this purpose. Today (Feb 12) is too late for the landlord to terminate your tenancy earlier than midnight, March 31. To terminate your tenancy at the end of March, the landlord must give you proper notice, delivered in exactly the right way, not later than March 11. Yes, you should pay rent for March. If the landlord refuses to accept the rent, it will signify that she is stumbling through the process on her own. Be prepared to prove that you tendered the rent (that is, delivered it or tried to deliver it). Keep careful records of all activity.See question
I know the rule says 30 days but if you have a very valid reason for the appeal and file it late, can a judge still choose to accept it?
Late filing is sometimes excused when a good reason exists, but this is mostly true in criminal cases. In civil cases late filing is allowed less frequently but can still allowed if the circumstances are compelling. In legal theory, waiver is something intentionally and voluntarily intended. If a person did not intend to waive the appeal and the late filing did not prejudice the other side, the person might be allowed to file late. A court could assess terms (i.e., financial penalty payable to the other side) for late filing.See question
My landlord sent me a text stating that I have two days to remove my firearms from my home. There is nothing restricting firearm ownership in the lease, I wouldn't have signed if there were. When asked his reasoning why, he replied that he didn't ...
From the disclosures in your question I think your instinct is correct; the landlord does not have authority to impose this condition. If you are a house-sharer and someone else in the house is prohibited from possessing or owning firearms (previous felony conviction or anti-harassment no-contact order, for example), maybe the landlord is trying to avoid problems, but it is still not your problem. This answer is based on inferences from your posted inquiry and could be different after evaluation of all transaction documents and course of performance.See question
I had a squatter in my garage. She was trying to collect relocation fees, dishonestly. She didn't even live there but was collecting mail and paying rent on the space. Eventually, she tinkered out and I posted an 18 day abandonment notice. That pe...
Maybe other lawyers on this site have a better understanding, but I do not know how you came up with an 18-day abandonment notice. If this is a landlord tenant situation, the procedure is governed by RCW 59.18.310 (linked below). There must be more to the back story leading to the "squatting." If she once lived there but moved out and continued to pay rent for the garage, she is probably not a tenant within the meaning of the Residential Landlord Tenant Act, but it would be prudent to have this evaluated privately in light of all the transaction documents and course of performance.
Here is the link: http://app.leg.wa.gov/RCW/default.aspx?cite=59.18.310 .
We recently bought a house and closed on Feb 1. The existing renter's original lease expires on March 31st. They have NOT paid February rent even though they said they will pay via EFT on Feb 7. We plan on giving written notice via our property ...
If your property manager's business licensing is up to date, the manager is, by statute, a "landlord" and may be able to handle the eviction without you, but the property manager will need to engage a lawyer on your behalf. Theoretically you can represent yourself in litigation without a lawyer, but if you are new to eviction processes you will find the experience financially disappointing. Even with a lawyer and the property manager acting as "landlord," you will probably have to make at least one trip to the courthouse in person if the tenants contest the eviction. Get a lawyer with specific experience in evictions. The process is not intuitive.See question