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Robert Daniel Kelly

Robert Kelly’s Answers

6,504 total


  • How can I retrieve my things from a persons property where it has been stored

    I was getting ready to have a sale at someone's house when the girlfriend kicked us off the property because I would not pay her pud bill as I had already paid for storage and had a verbal agreement with the owner of the property to give him a per...

    Robert’s Answer

    The legal term for your cause of action is "replevin". If the value of the property is less than $5,000, small claims court would be for you. http://www.co.cowlitz.wa.us/index.aspx?nid=862

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  • Is the social worker the one whom makes this determination of disability after viewing med records or does someone else?

    One goes into DSHS to apply for cash assistance and determination of disability. Fill out app, send in medical records. DSHS writes denial letter that not disabled and states due to health will improve and disability will not last 12 mos. However,...

    Robert’s Answer

    I believe you can appeal. They probably sent instructions about how to do that. A lawyer might be able to help you. The category would be "Administrative Law".

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  • Can an HOA hire a contractor to move an external wall, at my expense without my consent? Can I call the police if they do?

    I have been in dispute with my HOA for enclosing a porch. They have denied my request to use my contractor ($3K), and have hired their contractor ($12K) and are now telling me that they are going to move the wall as soon as possible and have aske...

    Robert’s Answer

    The answers to your many questions depend on a combination of law and the factual terms of your written agreement with the HOA. You should probably retain an attorney to discuss your options. Jason Anderson might be able to help you out. His telephone number is (206) 706-2882.

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  • Lease up roommate won't leave. Help!!

    My lease is up at the end of this month and my roommate for the last six months has told me that he will be moving out. Today two weeks into the last month of our lease he informed me that he would not be moving out for another 6 to 8 weeks. I al...

    Robert’s Answer

    Maybe your landlord can evict him.

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  • A company is delaying its delivery and service since a month, can a Sue in this case ?

    I have ordered and paid for home upgrade, and after following up for a month till its not done. The company is not reaching out to me neither giving any dates, when this will be done. I lost 2 days of leave (appear on the day of installation), pai...

    Robert’s Answer

    Small Claims Court works for complaints where the amount in controversy is less than $5,000.
    http://www.kingcounty.gov/courts/district-court/small-claims.aspx

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  • How look like a visa application form and work permit application from usa?

    Sir.i appled for a job from the online website.they offer me a job and asking me scaned passport copys.i send it .then they send two forms . the form for visa application from the ministry of usa ,and the second one is work permit application.i co...

    Robert’s Answer

    You can obtain the forms and information you need from the USCIS. (https://www.uscis.gov/).

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  • Question regarding service matter of improper posting in grade D instead of grade C

    A married d0aughter get a job on the ground that her father died who was in govt. job and her mother is blind and her brother is paralysed. But the problem arises when her posting in govt. job in grade D while according to her appointment letter s...

    Robert’s Answer

    Allocation of government jobs is supposed to be according to merit. See http://govcentral.monster.com/benefits/articles/1757-what-determines-where-you-stand-on-the-gs-scale

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  • Otherwise Capable is not having the right to marry revoked in a Petition For Guardianship there in Superior Court, WA?

    I'm talking about the new marriage law: RCW 26.04.020. Can anyone marry in Washington if not have a State Guardian?

    Robert’s Answer

    A trial court has inherent power to appoint a guardian ad litem for a litigant in a civil matter upon a finding that the litigant is incompetent. RCW 4.08.060; Tai Vinh Vo v. Le Ngoc Pham, 81 Wn. App. 781, 784, 916 P.2d 462 (1996).
    See guardianship statutes: chapter 11.88 RCW and RCW 4.08.060. The general guardianship statute, chapter 11.88 RCW, sets forth procedural rules for establishing guardianships and limited guardianships for incapacitated persons. By delineating specific requirements for these guardianship petitions and hearings, the legislature seeks to guarantee that the liberty and autonomy of incapacitated persons "should be restricted through the guardianship process only to the minimum extent necessary to adequately provide for their own health or safety, or to adequately manage their financial affairs." RCW 11.88.005. Any person may petition in good faith for appointment of a guardian or limited guardian for an alleged incapacitated person. RCW 11.88.030(1). The alleged incapacitated person is then entitled to notice, a hearing, representation by counsel, and participation at the hearing. RCW 11.88.040, .045. Generally, upon receipt of the petition for appointment of a guardian or limited guardian, the trial court will appoint a GAL to represent the best interests of the alleged incapacitated person. Former RCW 11.88.090(2) (1996). A GAL appointed under RCW 11.88.090 has specific duties under the statute, including the duty (1) to meet and consult with the alleged incapacitated person; (2) to meet with the person who seeks appointment as guardian or limited guardian; (3) to investigate alternate arrangements; and (4) to draft a report describing the degree of incapacity, the needs of the incapacitated person, and a recommendation as to whether a guardian or limited guardian is needed. Former RCW 11.88.090(4) (1996).
    In re Marriage of Blakely, 111 Wn. App. 351 (2002).

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  • Can I prove that my judgement was vacated for damages as well as my eviction?

    In August 5 2015 I was given a default judgment of eviction. Which I later was able to get dismissed or vacated because of an unlawful eviction. I was able to get it vacated/dismissed on April 29 2016. However my property turned my so called dama...

    Robert’s Answer

    It appears from your statement that there may have been a violation of the Fair Debt Collection Practices Act. You should call an attorney to discuss the details and possible courses of action. I recommend Jason Anderson (206) 706-2882.

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  • What are the minimum standards of action for WA state COA Board Of Directors to be considered legally functioning?

    our 'President' has submitted one unratified Association general operational budget to the general membership, announced and held only two general meetings over a seven year +period, sans new Board of Directors elections and sold one of her units...

    Robert’s Answer

    The Revised Code of Washington Condominium Act is at RCW 64.34 (http://app.leg.wa.gov/RCW/default.aspx?cite=64.34&full=true#64.34.030). There may be certain variations according to agreement. You should check to see exactly what the terms of the COA are. If the President has breached the contract, you may have a cause of action at civil law.

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