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Philip Andrews’s Answers

12 total

  • Do I need a lawyer licensed in California and Washington? If so, how do i find one?

    I filed for divorce ten years ago in Calif, my husband disappeared and this process could not be completed. I now live in Washington and he has surface and wants our divorce completed. I want my assets from the last ten years protected and I wou...

    Philip’s Answer

    I obviously can't know all the facts and circumstances, but I would start with a California attorney for two reasons:
    1. You state that you filed the action there, even though if it was never finalized, the court may have dismissed the action for "want of prosecution"; and,
    2. If you and your husband never lived in Washington as husband and wife and if your husband never lived in Washington at all, the court may decline jurisdiction at the 11th hour just when you are attempting to finalize the dissolution. No one will notice when you file the suit and pay your filing fee, but when you attempt to finalize, a Washington Judge will review the jurisdictional requirements and will likely decline to sign the Decree.
    I suggest you contact the California State Bar Association and get the name of a family law attorney in the county where you originally commenced the divorce and start there.
    Additionally, a Washington attorney who is not also licensed in California cannot give you any legal opinion as to the sufficiency of the California pleadings you want reviewed.

    Good luck!

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  • Non-parental custody.

    Have had nephew for 7 months now dad wants him back. What rights do I have and can he just take him back? What do I need to do?

    Philip’s Answer

    In the absence of any court order granting you specific rights, you are a stranger at law to the child. Now I have no idea what the back story is in regard to the parents, but if you objectively believe that it is in the best interests of the child that he remain with you and not be with the father, there is a statute that allows a non-parent to petition the court for custody.
    You need to review RCW 26.10.
    In particular, read this:
    RCW 26.10.032
    Child custody motion — Affidavit required — Notice — Denial of motion — Show cause hearing.

    (1) A party seeking a custody order shall submit, along with his or her motion, an affidavit declaring that the child is not in the physical custody of one of its parents or that neither parent is a suitable custodian and setting forth facts supporting the requested order. The party seeking custody shall give notice, along with a copy of the affidavit, to other parties to the proceedings, who may file opposing affidavits.

    (2) The court shall deny the motion unless it finds that adequate cause for hearing the motion is established by the affidavits, in which case it shall set a date for hearing on an order to show cause why the requested order should not be granted.

    I suggest you consult with a local family law attorney immediately.

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  • An electrictal problem occurs in my apartment i confront landlord and he says f you

    what do i do I will not pay rent until everything is fixed

    Philip’s Answer

    Washington State has a very specific Landlord/Tenant Statute. As a tenant, you too must follow the law. In order for you to use the remedies available to you as a tenant under the law, you must be current in paying your rent. Additionally, you need to provide written notice to the landlord of the specific problem you are experiencing. Upon receipt of the written notice, the landlord then has the legislated amount of time to repair. Do not resort to "self-help" by simply dealing verbally with the landlord and withholding payment when that does not cure the problem. You will very likely end up with the short end of the stick, so to speak.
    Here is the statute:
    RCW 59.18.070
    Landlord — Failure to perform duties — Notice from tenant — Contents — Time limits for landlord's remedial action.

    If at any time during the tenancy the landlord fails to carry out the duties required by RCW 59.18.060 or by the rental agreement, the tenant may, in addition to pursuit of remedies otherwise provided him or her by law, deliver written notice to the person designated in RCW 59.18.060(14), or to the person who collects the rent, which notice shall specify the premises involved, the name of the owner, if known, and the nature of the defective condition. The landlord shall commence remedial action after receipt of such notice by the tenant as soon as possible but not later than the following time periods, except where circumstances are beyond the landlord's control:

    (1) Not more than twenty-four hours, where the defective condition deprives the tenant of hot or cold water, heat, or electricity, or is imminently hazardous to life;

    (2) Not more than seventy-two hours, where the defective condition deprives the tenant of the use of a refrigerator, range and oven, or a major plumbing fixture supplied by the landlord; and

    (3) Not more than ten days in all other cases.

    In each instance the burden shall be on the landlord to see that remedial work under this section is completed promptly. If completion is delayed due to circumstances beyond the landlord's control, including the unavailability of financing, the landlord shall remedy the defective condition as soon as possible.

    There are other provisions to this statute that will apply. Please look it up online and proceed carefully with everything done in writing. Remember, withholding rent is a bad idea.

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  • What will the judge say to this?

    I am just curious if he will comment at all about these constant things because they will be in my declaration."Your the one that overstepped the parental guidelines with your email content on more than one occasion. " Unbelievable, I am the othe...

    Philip’s Answer

    Without knowing the contents of the court file in your proceeding and the events that have you where you are today, no attorney on this website can channel what the judge or commissioner will say or do. For illustrative purposes, imagine that a particular case file has many instances of a parent creating conflict, monitoring phone and email with the other parent, grilling the children about the visit with the other parent and generally making things hostile. A judge may take notice of that behavior based upon the track record in the case file and get tough with that parent.
    It is also true that where both parents appear (to the judge) to be engaging in meaningless conflict and "intransigent behavior", the judge will unload on both parents, believing that neither of them have clean hands and both parents are troublesome.
    When you ask if the judge will comment, you don't spell out why you will be before the judge, and by that I mean, what is the motion before the court? Is the noted behavior even relevant to the court action?

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  • How do I lein a vehicle?

    Ok so I purchased a Dodge Intrepid from a dealer which I ended up defaulting on 2 years after I bought it. It went in to a repossession state in Feb. '09 but Chrysler Financial refused to come get the car. Now as I understand the title is in the ...

    Philip’s Answer

    I don't think you can or should place a lien on the vehicle and here is why. As between you, Chrysler and the Collection agency, you have no ownership rights in the vehicle, and in fact, may be looking at a deficiency judgment. Now I understand that this vehicle is clogging your driveway, so I take it that you want to place the lien for "unpaid storage fees".
    You could calculate the storage fees, and provided the amount is under $5,000.00 and the Collection firm is local, file a small claims action or even an action in District Court seeking remuneration and "other equitable relief".
    Be careful that you are not opening yourself to negative repercussions by awakening the Collection firm or resulting to non-judicial self help.

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  • How do I know if I'm devorced if I have gotten no info from the courts that it has been filed?

    I was married to a woman for a short while, when she decided to end it. I moved home and haven't been able to reach her. But she is telling people that we both know, that we are devorced.

    Philip’s Answer

    You didn't state how long you might have been away from the wife. It is possible that she filed the petition and summons and when she could not find you, she obtained an order from the court allowing her to serve you "by publication". That might have resulted in a default being entered.
    The way to find out if anything has been filed is to search the Washington State Courts case search:

    Generally a divorce will be filed in the county of the state where the one of the parties lived or lived during the marriage, however in Washington, some people file in smaller, far-flung counties even though they never resided there. Look carefully at all counties just in case.
    If you and the wife or you or the wife ever lived in another state, check those records as well, just to be safe. If a Decree was entered, it may require you to do certain things, so get on it.

    Good luck

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  • Does non custodial parent have to give the new address before moving to see children?

    My girlfriend has 2 children with her ex. He is newly remarried and is moving to another small town. The recieving parent picks up children. Does he have to give her the new address before his next visit?

    Philip’s Answer

    It would be difficult to perform in accordance with the parenting plan if the receiving parent did not know where they were going to pick up the children.The courts in Washington generally prefer that in the absence of restraining orders between the parents, each parent have the physical and mailing address of the other parent. Additionally, if there is an Order of Child Support, each parent needs to provide a current address (sometimes to DCS) so that service of process can be made in the event of a dispute, non-payment, or modification proceeding. A judge would be annoyed that parents could not or would not share such basic information in these circumstances.

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  • Im fileing a small claims against dish network can i claim the money i spend for help from a lawer to fill these forms out.

    i agreed to a contract with dish network,but off the bat thier service wouldnt work all the time,i called within a week or less to complain and get someone to come fix the problem,they said they would but there would be a charge,i didnt agree with...

    Philip’s Answer

    The idea of small claims court is to provide a harmed or aggrieved person with a low cost avenue to obtain monetary relief without using an attorney. Attorneys do not represent clients in small claims court in Washington. You can certainly ask for reimbursement of these attorney fees, but I would not count on being awarded these costs.
    I also agree with the earlier post in that you need to carefully review the small print of your contract. You might find that your contract with Dish Network has a choice of law and/or venue provision that also sets forth dispute resolution requirements in the event of a conflict between the consumer and the company. Good Luck.

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  • How do we obtain a copy of a will from Vancouver, WA?

    A friend of the family passed away in Vancouver,WA May 2009. Her son called stating we were in the will. Most of her assets are in CA. We have not heard anything since. How do we find out if the estate has been settled and if we are entitled t...

    Philip’s Answer

    I would first search here:

    Search Clark County Superior Court, probate/guardianship dockets.

    If you find that no probate has occurred here in Clark County, search the counties in California where the bulk of the property was located. Some counties enable you to search the case record to see what pleadings have been filed. If you find the probate case you are searching for, you can order a copy of the pleadings to be sent to you so that you can assess for yourself whether you are a named beneficiary. Your research will dictate what you do next.

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  • How do I go about finding the forms I need to garnish my ex on an existing judgement for spousal support?

    I have a large judgement against my ex for spousal support and I want to be able to fill out the forms to get his wages garnished without having to pay through the nose to have an attorney fill out the forms. No on at the county clerk can seem to...

    Philip’s Answer

    Since you obviously have access to a computer and internet access, many of the Washington Forms are available on line.

    Remember, an individual representing them self is held to the same standard as an attorney.

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