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Washington Civil Litigation Questions & Answers
1 Answer | Asked in Constitutional Law and Civil Litigation for Washington on
Q: Is it legal to record a phone call with a company in WA without permission?

I am considering recording a phone call with a company based in Washington State, of which I am one of the parties. The purpose of the recording is for documentation/evidence. Is it legal to record the call without obtaining permission from the company?

Merry A Kogut
Merry A Kogut
answered on Feb 25, 2025

Thank you for the interesting question.

Washington State is a "two party consent state," which actually means that every party to a phone conversation, meeting, etc, must consent in advance to being recorded.

People who violate this rule can be subjected to criminal...
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1 Answer | Asked in Child Custody, Civil Litigation and Criminal Law for Washington on
Q: Can I regain custody of my son if his father refuses to return him and has a pending felony charge in Grant County, WA?

My son's father and I have a residential schedule that states our son is to reside with me in Grant County, WA, but we do not have a formal parenting plan. I allowed him some parenting time, and now he refuses to return our son to me. The police and CPS have informed me this is a civil issue.... View More

Merry A Kogut
Merry A Kogut
answered on Feb 18, 2025

I am so sorry that you have been going through this, but at the stage I'd strongly urge you to file a legal action for custody in whatever Family Court (through Superior Court) is closest to you in Washington.

If you are low-income, you may be able to get free legal assistance in this...
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1 Answer | Asked in Criminal Law, Real Estate Law, Civil Litigation and White Collar Crime for Washington on
Q: If a HOA president is spending the HOA's money with no permission and using it for personal expenses, is it illegal?

I have already had an attorney confirm for me that the state laws and the HOA's declaration both require them to get the permission and approval of the board members before they can ever spend any HOA money. They also have to provide information like the reciepts and copies of checks but they... View More

Merry A Kogut
Merry A Kogut
answered on Feb 9, 2025

Thank you for your question and really shocking set of facts. You have described the essence of embezzlement - the theft of money from an employer or business (or non-profit).

I suggest you put together an organized time line of what you know, with any financial records you can include,...
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1 Answer | Asked in Civil Litigation for Washington on
Q: What do you mean when you say pluse cost advance

Cost 40%pluse the cost advance to hire attorney

Steve Dashiak
Steve Dashiak
answered on Jan 27, 2025

The 40% is the attorney's contingency fee - meaning if the case settles for $10k, the attorney gets $4k of it. Typically contingency fees in personal injury cases are 1/3 for pre litigation, and 40% for cases in which a lawsuit is filed. If suit is filed, costs can vary wildly. The attorney... View More

1 Answer | Asked in Civil Litigation, Consumer Law and Small Claims for Washington on
Q: In small claims, what if all evidence was not presented to defendant will judge still hear the case?
Tim Akpinar
Tim Akpinar
answered on Jul 31, 2024

A Washington attorney could advise best, but your question remains open for a week.

The short answer is that it could depend on the judge and how material to the issue at hand the missing evidence is. As a general rule nationwide in small claims, the court is not likely to grant the same...
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1 Answer | Asked in Civil Litigation for Washington on
Q: Can I sue and prevail over a police officer who told me that they would tell me when my stalker was released from jail.
John Michael Frick
John Michael Frick
answered on May 28, 2024

Washington does have a crime victim/witness notification program. As long as you completed the appropriate form and have not changed your telephone number or address, or have updated your contact information if you did, you should have been notified.

1 Answer | Asked in Civil Litigation, Constitutional Law and Gov & Administrative Law for Washington on
Q: Should a magistrate judge inform a plaintiff about his or her previous work history?

When a Magistrate Judge, who use to work for the Attorney General's Office, has a defendant who also use to work for the same Attorney General's Office.....AND.....the defendant is being represented by an Attorney for the same Attorney General's Office...Should the Magistrate Judge... View More

James L. Arrasmith
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answered on May 19, 2024

When a magistrate judge has a past work history with the Attorney General's Office, and the defendant or their attorney also has ties to the same office, it raises potential concerns about impartiality. The judge should disclose this information to all parties involved. Transparency in this... View More

4 Answers | Asked in Bankruptcy, Civil Litigation and Contracts for Washington on
Q: Is it possible to file Chapter 11, Subchapter V for my business PRO SE?

I'm not an attorney and it seems that there are very few attorney's that are filing subchapter V's in Washington state and perhaps the entire country. I understand it is a new law, but it is supposed to be easier and smoother than a standard Chapter 11. The estimates I've gotten... View More

James L. Arrasmith
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answered on May 17, 2024

While it is technically possible to file for Chapter 11, Subchapter V bankruptcy pro se (representing yourself without an attorney), it is generally not advisable due to the complexity of the bankruptcy process and the potential consequences of making errors in your filing.

Subchapter V,...
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4 Answers | Asked in Bankruptcy, Civil Litigation and Contracts for Washington on
Q: Is it possible to file Chapter 11, Subchapter V for my business PRO SE?

I'm not an attorney and it seems that there are very few attorney's that are filing subchapter V's in Washington state and perhaps the entire country. I understand it is a new law, but it is supposed to be easier and smoother than a standard Chapter 11. The estimates I've gotten... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on May 17, 2024

Nationally, and for the last two decades at least, the success rate of the popular "save-the-house" Chapter cases has been less than twenty percent, even with bankruptcy counsel. Those cases run for three to five years, much like the Ch. 11 business reorgs.

The chances for...
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4 Answers | Asked in Bankruptcy, Civil Litigation and Contracts for Washington on
Q: Is it possible to file Chapter 11, Subchapter V for my business PRO SE?

I'm not an attorney and it seems that there are very few attorney's that are filing subchapter V's in Washington state and perhaps the entire country. I understand it is a new law, but it is supposed to be easier and smoother than a standard Chapter 11. The estimates I've gotten... View More

Martha Warriner Jarrett
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answered on May 17, 2024

Very difficult. Chapter 11 (regular or subchapter V) is very complex with lots of requirements and rules. A $50,000 retainer is not unusual and well worth the investment if you want to save your business. If you haven't already met with a local bankruptcy attorney, you should definitely do so.... View More

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1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Washington on
Q: What can i do legally about my boyfriend being held in custody after posting bond awaiting ehm for 30 days

The ehm people refuse to go get him from jail claiming there waiting for the jail to call them and tell them he's free to go

James L. Arrasmith
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answered on Mar 22, 2024

If your boyfriend is still in custody despite posting bond, it's essential to take immediate action. First, verify the bond conditions and ensure that all requirements for his release have been met. If the electronic home monitoring (EHM) is part of the release conditions, confirm with the... View More

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Washington on
Q: Do any attorneys want to take? My last attorney stated “it is a gold mine “but he is not a firm and a firm is needed

Law enforcement. judicial officers, state and federal. They planted drugs. They make up reasons to get search warrants that aren’t true they admit to planning drugs on dash cam they threaten hotel staff members they altered camera footage. They falsely arrested prosecution, misconduct, stealing,... View More

James L. Arrasmith
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answered on Mar 20, 2024

If you believe you have been a victim of legal misconduct, finding an attorney experienced in civil rights or criminal defense might be crucial for your situation. Attorneys from firms that handle cases involving law enforcement misconduct, false arrest, and evidence tampering are often well-versed... View More

1 Answer | Asked in Civil Litigation and Gov & Administrative Law for Washington on
Q: I was moving out of WA state. Had to abandon my truck and trailer. How can I clear up the matter?
James L. Arrasmith
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answered on Mar 15, 2024

If you had to leave your truck and trailer behind in Washington state, there are steps you can take to resolve this situation. First, you should contact the local Department of Licensing (DOL) or vehicle registration office in the area where the vehicle was abandoned. Inform them of your situation... View More

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Domestic Violence for Washington on
Q: I have a strange case we'll it's 2 cases in 1 somehow my public defender said it was a civil case and my other is a

Assault 4-dv the sheriff's that arrested me false a fide a statement from the alleged victim used a statement from my son who was in his room with a closed door I was in my room with a closed door he saw literally absolutely nothing he told me he told 911 I think my mom and her boyfriend are... View More

James L. Arrasmith
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answered on Mar 10, 2024

It sounds like you are dealing with a complex legal situation involving both a domestic violence charge (Assault 4-DV) and a potential civil case related to actions taken by law enforcement during your arrest. Here are some steps you can consider:

1. Communicate with your public defender:...
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1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Washington on
Q: If you requested a police officer show you the protection order does he have to show it or let you show him yours

Police officer accused me of violating a protection order upon investigation of an accusation made by the plaintiff but he was getting the stipulations for contact wrong and missing entire subjects I asked him to show me the court order to show him that he was wrong and he said no I asked him if I... View More

James L. Arrasmith
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answered on Mar 7, 2024

When a police officer is enforcing a protection order, the specifics of how they must verify or communicate the order's stipulations can vary by jurisdiction. Generally, officers have access to the details of protection orders through their department's databases and are expected to... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Libel & Slander for Washington on
Q: When rumors or untrue statements are made about me and by individuals whom are misleading others with their propaganda i

The individuals are misrepresenting themselves by claiming law enforcement association what are my options

James L. Arrasmith
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answered on Feb 24, 2024

When faced with rumors or false statements propagated by individuals falsely claiming association with law enforcement, it's crucial to address the situation promptly and effectively. Begin by documenting all instances of misinformation, including dates, times, and specific details of the... View More

2 Answers | Asked in Business Law and Civil Litigation for Washington on
Q: What attorney do I need if my company is being sued in Vancouver Wa
James L. Arrasmith
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answered on Feb 23, 2024

If your company is being sued in Vancouver, WA, you will likely need the services of a civil litigation attorney who is licensed to practice law in the state of Washington. Civil litigation attorneys specialize in representing clients involved in legal disputes, such as lawsuits, and can provide... View More

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2 Answers | Asked in Business Law and Civil Litigation for Washington on
Q: What attorney do I need if my company is being sued in Vancouver Wa
Tim Akpinar
Tim Akpinar
answered on Feb 22, 2024

A Washington attorney could advise best, but your question remains open for a week. Until you speak with an attorney in your state, the first thing an attorney would ask you is what the lawsuit involves. You'd probably want to seek law firms that practice in that area. In terms of geography,... View More

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1 Answer | Asked in Banking, Civil Litigation, Contracts and Estate Planning for Washington on
Q: Why are the individuals retirement funds held in a trust deprived their due process rights? SSA is a dictatorship?

Why does the us constitution not apply to the personal property of the US citizens retirement funds deposits in the SSA trust. The fact remains this is the personal property of each individual who had earned income and payed FICA tax. Regardless of the unlawful acts the bonds subject the burden... View More

James L. Arrasmith
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answered on Feb 5, 2024

The Social Security Administration (SSA) operates under a framework established by law, which includes contributions from workers' earnings through the Federal Insurance Contributions Act (FICA) tax. These contributions fund Social Security benefits, including retirement, disability, and... View More

1 Answer | Asked in Criminal Law, Civil Litigation, Domestic Violence and Municipal Law for Washington on
Q: Can I legally be required to attend an arraignment for a crime I am accused of but haven’t been arrested/subpoened for ?

Since leaving my county of residence over a month ago and traveling several hundreds of miles for a family emergency to a county in a different state the local LEA has filed charges with the court of limited jurisdiction alleging I violated animal control statutes and committed acts of harassment... View More

Liza Burke
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answered on Feb 3, 2024

The prosecutor can file charges without notice to the accused person and then you have to participate in all aspects of the court process (namely, hearings). Even when someone is arrested and let go or they go to jail for a night and no charges are filed, they might be unpleasantly surprised down... View More

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