I bailed my brother out of jail in 2009, I was told by the collection agency that I was just putting down the 10% but my brother was liable for the bond because that was the agreement. Then they called and said that my brother missed a court date ...
If you and your husband have a joint bank account, where you each have a right to deposit and withdraw money, then the answer in Washington State moves to the source of the money in the account. Assuming those funds are community property, then you have a claim to the funds and, under the proper circumstance, those funds could be subject to an order of garnishment to pay a legitimate debt.
I don't understand why the collection agency was providing you an explanation of the bond agreement when you put down the 10%. In any event, your rights will depend on the written bond agreement. Finally, be sure that you are completely aware of the Statute of Limitations calculation in Washington State for written contracts.
We are claiming this Mortgage Company has committed fraud, attempted fraud , discrimination against me because I told them I was bipolar, as well as harassment against my Husband. We attempted to re finance our home, but we did not want our...
Your question leaves too many open issues to provide a definite answer. In order to be successful in any claim, regardless of the size of the potential defendant, you want to hire a lawyer that practices in the area of law and that you trust with your legal representation. Your description of the issue leaves open the question of what the lender was not being straight with you about, why you are convinced that they would sell the loan despite the representations of the mortgage broker and what you believe the damage to be in light of the fact that you cancelled the loan. Has the potential defendant denied your request to return the Good Faith Deposit?
You might start with the local BBB and or a consumer help line before interviewing and hiring a lawyer.
Isn't that a double positive (or double negative depending on how you look at it). It's like saying "more bigger" or something. Isn't it a given if you're a licensed lawyer, you're going to be litigating in court?
This is actually a great question and the answer is at least two-fold. A litigation lawyer in the present system in Washington State is someone that at least professes to practice in matters that involve the litigation process. That, however, may only involve one or more areas of law: family law or construction law or personal injury law by way of example. It may also involve a lawyer that settles all of the cases in which she/he are counsel and may, in fact, never have actually tried a case to verdict.
So, if you are looking for counsel, be sure that you understand what you need from a lawyer and are prepared to ask the right questions.
I was in a car accident when someone ran a stop sign. She got the ticket. Her ins agreed she was at fault and assumed all responsibilities. My car was totaled, my ins pd it off. I had to buy another car. I did receive injuries and went to the hosp...
I do not practice in Louisiana, but in most states, you have a limited time to use the Court system in the event you are not able to resolve your claim with the other driver. That is, if you don't settle the entire claim or file suit within 2 or 3 years, you lose all rights to make a claim.
Usually, the matter can and should be resolved in separate parts--the Property Damage Claim sooner and the Injury Damage Claim later. In this instance, since your insurance carrier paid for the property damage to your car, that portion is pretty much complete and that is the amount you have agreed your vehicle was worth at the time of the accident, though you can add any deductible from your policy to the amount demanded from the other driver (and his/her insurance company) as well.
With regard to the Injury Damage Claim-that can't be valued properly until you have finished treatment and either fully recovered, or recovered as much as you will. The other driver is not normally obligated to pay the claims as they are submitted, but can wait until you are fully healed to settle all injuries (other than property damage). For that reason, it is wise to speak with a lawyer before trying to "handle" your case on your own. One potential problem is if your medical bills do not get paid in a timely manner, you could face collection action by the hospital and/or other medical providers. That creates stress for you and could create some hard feelings by the health care providers-whom you may need as witnesses should you not be able to reach agreement with the opposition about the damages you have suffered.
So, while you might be able to handle the matter on your own, you would be well served to sit down with a local lawyer that deals with this type of case on behalf of injured persons in order to completely understand your rights and the damages for which you deserve compensation.
Feel well soon!
Mother instructed sister to give me $23,000 upon mothr's death. Sister is refusing to talk or communicate in anyway at all with me. She refused a certified letter. How do I take sistr to arbritration instead of civil court. Sistr lives in Nava...
Washington has a statute that goes by the acronym TEDRA-Trust and Estate Dispute Resolution Act. I would recommend you contact counsel in California, to see if such a law has been enacted there. Although life insurance proceeds pass outside the estate, It sounds to me as though your claim is to $23,000 from your mother's estate--regardless of the source of those funds. Our TEDRA provides for mediation, with arbitration by an approved individual. If Mom had an estate in California, I would start looking there.See question
My wife worked for a franchisee of a large hotel chain. A woman was hurt in her hotel, and subsequently sued the franchisee and the national company. While working for them, she voluntarily gave deposition in NYC for the trial, flying from Buf...
Your question does not specify whether this is in a state or a federal court--which could impact the answer. Generally, however, Rule 45 applies to the issuance of a subpoena. Further, the jurisdiction may have a law that applies even more specifically to trial attendance. In Washington State, a party that wants to issue a subpoena for trial testimony has the following additional obligation:
PROVIDED FURTHER, That a party desiring the attendance of a witness residing outside of the county in which such action or proceeding is pending, or more than twenty miles of the place where such court is located, shall apply ex parte to such court, or to the judge, commissioner, referee, or clerk thereof, who, if such application be granted and a subpoena issued, shall fix without notice an allowance for meals and lodging, if any to be allowed, together with necessary travel expenses, and the amounts so fixed shall be endorsed upon the subpoena and tendered to such witness at the time of the service of the subpoena:
I do not have the New York Civil Rules--either for Federal or State Court--and have not looked at the State statutes. My first reaction is that you need to double check the subpoena to be sure that it complies with local law; that it is unlikely that a Court will believe it is reasonable for your wife to be compelled to travel as you have set forth and is therefore not likely to hold her in contempt; and, that the Judge and opposing counsel (the lawyer for the party that is NOT demanding your wife's appearance) would prefer that she give them notice of the subpoena and of her inability to comply. It is always easier for them in planning to know and better to avoid contempt charges, however unlikely or minimal the penalty, for your wife. As others have said, your wife's deposition testimony is available and that can be read instead of her having to give live testimony.See question
A lawyer relative (cousin) of mine listened to a recording of my OAH (Office of Administrative Hearing) hearing in Washington state, which I'd initiated to appeal an earlier decision which denied me unemployment benefits. They rejected my claim....
I am quite confident that there is no "record" and agree that the 2 years referenced would be difficult to overcome as a general proposition. However, you mention an "ongoing medical condition" which might influence the outcome if there is an incompetence argument to be made as a result of that medical condition.
Generally, the OAH follows the statutory procedure quite completely, but if not, this is one area of the law that is followed quite strictly. Thus, there might be technical reasons that the denial of your appeal is still viable.
It might also be wise to ask why your "relative lawyer" is not interested in taking the case or finding you someone in the area who would.
Best of Luck--See question
my transaction was fail to close on time because bank denied my loan at the last minute. seller sign extension so I can tried a different bank. I was denied again. I inform the seller agent. they offer me to continue to rent the property on a ...
If you agreed that the "earnest money" would be used as a "damage deposit" while you rented the property, then you should ask for it to be returned under the Residential Landlord-Tenant Act. You can find the specific RCWs on line (look for RCW 59.18.010 and following), but generally the Landlord needs to designate any "non-refundable" money in writing. So, if there is no such writing, the "damage deposit" should be refundable upon written request. If they plan to keep the deposit, they must give timely written response to your demand and have a list showing the property's condition when you moved in with something to show the "damage" or extra cleaning required after you left. Your question does not indicate how much is at issue, but it may be a "small claims" matter where you can represent yourself.See question