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Is it legal to have the Commissioner judging your case be someone who was the petitioner's lawyer in the past?: Is it legal to have the commissioner judging your case, in my case the person who decided to continue a restraining order, be the same person who was the petitioner's lawyer in his and my divorce case? If she was his lawyer, even if it was 6 years ago, how can she fairly judge anything relating to our case now? Even as a commissioner?

Asked about 7 hours ago in Domestic Violence

Shawn’s answer: Normally a Judge or commissioner would acknowledge the conflict and give you a chance to object.

Answered about 6 hours ago.

MMy legal recourse as a tenant when my previous landlord wants me to pay to have the carpets replaced because of my pets?: I moved out and I had pets they had accidents but I cleaned the carpets. Several times but the urine smell was bad. They said the carpets have to be replaced because of the smell. They say I need to pay for it. But did not require me to pay a pet deposit. We were friends so they did not enforce anything on the lease. The carpet was not new. Can they Sue me. What legal recourse do I have

Asked about 7 hours ago in Landlord & Tenant

Shawn’s answer: Yes they can sue to put the house back into the same condition as it was when you moved in excluding normal wear and tear. The Landlord would have the burden of proof of the conditions at move in and move out, so if there were pets in the house prior to your tenancy you may have a defense. You should work with the landlord to minimize expenses, such as helping with the replacement top reduce your exposure.

Answered about 6 hours ago.

How can a private person collect a debt from another private person??: I recently sold a boat to someone, they gave me a check and we transferred the title. Their check bounced and I would like to know how to collect the debt. I have been in contact with them may times and they keep saying that they will make good on the check, but it has not happened. This had been going on for 3 weeks. The check was for $30,000. How I can get my money? If not the money, how can I reclaim the boat? I would prefer the money.

I do have contact info, living address and job info for these people.

Asked 7 days ago in Debt Collection

Shawn’s answer: I agree with the previous answers. If you signed the title you will be going to court. The following is just some generic information for creditors who inadvertently decided they could be a lender or are just owed money.
The key to successful collections is information about a “way to go” from the debtor.
The debtor's income stream from wages or contracts needs to be legally intercepted before the debtor gets his or her hands on the money, or after the debtor puts the money in the bank. From contractual writs, to bank writs, attachments, to wage garnishments are all normal points in the income stream that may be intercepted, extreme points are forced sale of assets like a sheriff’s sale.
Bear in mind that if the debtor is eligible for protection under bankruptcy law that is their “get out of jail free card” and can be played when eligible and you will have to pay back anything that you obtained from 90 days prior. An interesting issue is always the age of the account and fresher is better; when the debt hits the statute of limitations you are done. Never wait to collect because the statistical percentage of recovery drops drastically between day 59 and day 90 past the due date.
Once you have a judgment and you can transcribe the judgment into the jurisdiction where the debtor lives or works you can collect.
If you have a judgment you can conduct supplemental proceedings or a debtor’s examination, or in the alternative, you can send interrogatories to the debtor. Supplemental Proceeding are mandatory and if the debtor ignores the summons, you may be able to get an order of contempt or a bench warrant with the bail set at the amount of the judgment.
If you suspect the debtor has transferred assets subsequent to your judgment or claim and you can prove it, you may have recourse under the Uniform Fraudulent Transfers Act if the act was adopted by your state or the debtor’s state or where the assets are located.
You can also turn your account over to licensed and bonded collection agency for about half of the proceeds or hire a collection lawyer to work the account for a time or a percentage, usually half or less.
I mainly practice in San Juan, Skagit and Whatcom Counties in Washington State and you should talk with agencies and lawyers in the debtor’s area.
You can search the Avvo web site under the Find a Lawyer tab, or call your local attorney's Bar Association and ask for a referral to an attorney near you. But always remember to act quickly because for every legal right you have, there is only a limited amount of time to actually file a lawsuit in court or your rights expire (it's called the statute of limitations), so don't waste your time getting to an attorney and finding out what your rights are. If this answer was helpful, please give a “Vote Helpful” review below. Please be sure to indicate the best answer to your question so we can all be sure we are being helpful. Thanks for asking and Good Luck

Answered about 9 hours ago.