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Washington Civil Litigation Questions & Answers
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

1 Answer | Asked in Civil Litigation for Washington on
Q: Do you deal with personal property damage? Specifically, towing company damaged my car

We left our car on the side of the road, right side in the ditch. It was dark and raining hard so we locked it and decided to go back and get it in the morning when it’s safe. Same night, Sheriff called towing without contacting us at all. Towing company did major damage to our car. We have... View More

James L. Arrasmith
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answered on Feb 2, 2024

I'm sorry to hear about the damage to your car caused by the towing company. In the United States, when your personal property is damaged due to someone else's actions, you have the right to seek compensation for the repairs or replacement costs. As an attorney, you can advise your... View More

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Washington on
Q: If police are called to my house for a woman yelling and there wasn't a woman yelling can they unscrew my porch light?

Police were called for woman yelling and wasn't the case made contact asked them to leave, they knocked again and unscrewed my porch light and still wouldn't leave my property after seeing woman was fine and no problem are they allowed to touch and mess with my property?

James L. Arrasmith
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answered on Jan 26, 2024

It would likely be inappropriate and potentially unlawful for police officers to unscrew or tamper with your porch light after responding to a call at your home and finding no issue or disturbance requiring police action. A few key points:

- Police generally need a lawful purpose or...
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1 Answer | Asked in Real Estate Law and Civil Litigation for Washington on
Q: Can I sue a title company and realtor for negligence and/or violation of code of ethics/conduct?

I purchased a home thru a Sheriff's Sale-judicial foreclosure. The previous owner had it listed on MLS. I contacted the realtor and title company and informed them of my ownership and auction. Both told me no I hadn't and were told it's a lien.(by prev owner). During the process of... View More

Anthony M. Avery
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answered on Jan 12, 2024

You will have to hire a WA attorney to file for Ejectment and Quiet Title. Did you search the title prior your bid? You may have bought nothing, or your sale terminates all liens and claims and you own it free and clear. Time is of the essence as there may be bona fide purchasers involved... View More

1 Answer | Asked in Civil Litigation and Contracts for Washington on
Q: I loaned a friend money for his taxes. He passed away do I have any recourse to get my money back.

He was to pay me back when he sold the property but since he passed what can i do. i have a hand written loan agreement is it legal and who do i give it to he was in the process of selling the property when he passed away.

T. Augustus Claus
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answered on Dec 21, 2023

In Washington, a handwritten loan agreement is legally valid if it clearly outlines the loan amount, and repayment terms, and bears the signatures of both parties. It's crucial to gather supporting evidence such as receipts, bank transfers, or relevant emails. If your friend passed away before... View More

1 Answer | Asked in Employment Law and Civil Litigation for Washington on
Q: My catalytic converter was stolen from my car at my workplace parking, will not let me park in safer area, can I sue?

Security at work (a mall) started harassing me parking in a "customer only" area which is more accessed controlled and safer to park in than the employee parking area. The converter was stolen a couple of months after they forced me to move my vehicle (was parking for years without issues... View More

James L. Arrasmith
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answered on Dec 17, 2023

In your case, the first aspect to consider is whether your employer or the mall has any legal obligation to provide secure parking. Generally, employers are not required to ensure the safety of employees' vehicles in the parking lot. However, if there's an agreement or policy that... View More

2 Answers | Asked in Admiralty / Maritime and Civil Litigation for Washington on
Q: Can I sue a marina that gave my boat to the previous owner?

The marina claimed that the title I just received from the state was counterfeit and blocked my access to getting the boat in the water or on a trailer and then put it on either the water or a trailer for the previous owner effectively stealing my $40,000 yacht

James L. Arrasmith
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answered on Nov 18, 2023

If a marina has wrongfully given your boat to the previous owner, especially after claiming your title was counterfeit, you may have grounds for a lawsuit. The key issues here would be the marina's basis for determining the title was counterfeit and their decision to release the boat to... View More

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1 Answer | Asked in Civil Rights, Libel & Slander, Civil Litigation and Personal Injury for Washington on
Q: Can I sue my girlfriend's mom for false abuse claims causing distress?

Can I sue my girlfriend's mom for emotional distress or damage to my reputation due to her false statements that I am physically abusing my girlfriend? She reported our arguments to the police, leading a police officer to come to my school to discuss the situation. Now, my girlfriend's... View More

James L. Arrasmith
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answered on Mar 27, 2025

You may have grounds for a defamation lawsuit if you can prove the statements made about you were false and caused actual harm to your reputation. For defamation cases, you'll need evidence that your girlfriend's mother knowingly made false statements to others and that these statements... View More

1 Answer | Asked in Civil Rights, Gov & Administrative Law and Civil Litigation for Washington on
Q: Seeking law firm for RNM legal issues in Washington State.

I am seeking a law firm in Washington State that can help me address issues related to Remote Neuro Monitoring (RNM), including radiation monitoring and Voice to Skull (V2K) technology. I need assistance with civil rights, FOIA, privacy act, and general litigation. No legal actions have been taken... View More

James L. Arrasmith
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answered on Mar 27, 2025

I understand you're looking for legal assistance with privacy concerns and potential monitoring issues in Washington State. Finding the right legal representation for these matters can be challenging, but there are firms that handle civil rights and privacy litigation.

You might want...
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1 Answer | Asked in Family Law, Civil Litigation and Civil Rights for Washington on
Q: How do we change the guardian for a vulnerable adult facing mistreatment under current guardianship in WA?

I am the uncle of a vulnerable adult whose mother recently passed away. His brother established guardianship and conservatorship and has placed protection orders on anyone trying to assist my nephew. There have been patterns of mistreatment, documented by my temporary guardianship and a protection... View More

James L. Arrasmith
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answered on Mar 24, 2025

Your situation sounds incredibly difficult, and I understand your concern for your nephew's wellbeing. In Washington state, to challenge an existing guardianship, you'll need to file a Petition for Modification or Termination of Guardianship with the superior court in the county where the... View More

1 Answer | Asked in Banking, Consumer Law, Civil Litigation and Bankruptcy for Washington on
Q: Funds trapped with Swissquote Bank, multiple fees imposed, seeking legal action for fund retrieval and damages.

I invested my capital with Swissquote Bank and made a profit. However, my funds are now trapped, and the bank has imposed multiple fees beyond the initial 5% withdrawal fee stated in the terms and conditions. After paying $24,000 in withdrawal fees, I was asked to pay a $38,000 'Wallet... View More

James L. Arrasmith
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answered on Mar 1, 2025

The situation you're describing has multiple warning signs of fraud rather than legitimate banking practices from Swissquote, which is a regulated Swiss financial institution that wouldn't typically impose escalating "fees" after initial withdrawals. These endless payment... View More

2 Answers | Asked in Civil Rights, Civil Litigation and Elder Law for Washington on
Q: My parents live in Washington state. They signed over POA to their son who lives in Florida to act as administrator

Their son took the accident settlement of 300,000.00 for himself and refuses to turn it over to our parents.

We have already established that it isn't a crime in Washington and they are not covered by Washington's elder protection laws because, although they are both in their... View More

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

I agree with Mr. Arrasmith's answer, but I want to add that sometimes Adult Protective Services or a county criminal prosecutor will take on this type of matter, whether or not your parents are "independent." This can be considered a type of embezzlement and/or elder abuse.... View More

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1 Answer | Asked in Civil Litigation, Civil Rights and Health Care Law for Washington on
Q: Took 12 yr child to Dr., Dr. takes photo of childs face with cell phone for chart. No picture in chart. Picture unfound

Called to confirm if picture was in chart. It is not and it was confirmed with Supervisor after reporting the concern.

James L. Arrasmith
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answered on Jan 21, 2025

This situation raises valid concerns, especially about privacy and proper handling of your child’s information. It’s important to address these concerns directly with the doctor’s office. You’ve already taken a good step by reporting this to a supervisor.

Since the photo cannot be...
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1 Answer | Asked in Criminal Law, Personal Injury and Civil Litigation for Washington on
Q: Im not sure what to do, I was involved in a $2k shoplifting incident that resulted in Macy's security breaking my tooth.

I allegedly tried to walk out with $2000 of clothes from Macy's. I was apprehended by 2 security staff members that hand cuffed me against a car and started punching my face, resulting in a broken tooth,a chipped tooth, and some face damage. I wasn't booked into county I was just told to... View More

Patrick Owen Earl
Patrick Owen Earl
answered on Jan 10, 2025

I only handle criminal offenses, I DO NOT sue people or do civil lawsuits so IF you have a claim against the city, police force etc. I DO NOT KNOW and wouldn't be able to help you. IF you get charged with a crime is where I would come in but I live in Moses Lake WA and that is a long way from... View More

1 Answer | Asked in Civil Litigation, Personal Injury, Civil Rights and Sexual Harassment for Washington on
Q: Family law trolling, smearing, slanding, to control the narrative and influence decision making defamation discriminati
James L. Arrasmith
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answered on Sep 27, 2024

When dealing with trolling, smearing, and defamation in family law, it’s important to stay focused on factual evidence and the legal process. People who attempt to control the narrative through harmful tactics often aim to provoke emotional reactions. Staying calm and maintaining a clear record... View More

1 Answer | Asked in Family Law, Civil Litigation, Civil Rights and Libel & Slander for Washington on
Q: My ex is using coercive control and harassing me by reporting false claims to cps and got my kid taken

He doesn’t want to pay TANF his sadistic mother is guiding him he’s made cps believe I’m a drug crazy lunatic yet I was only protecting my son from him. My PO Idea for including my son on it fell through.. because of the pending dependency.. I’ve been researching and haven’t found any... View More

James L. Arrasmith
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answered on Sep 22, 2024

It sounds like you're in a difficult and unfair situation. If you're considering terminating the state's guardianship and submitting a petition, it might help to provide all of the evidence you’ve gathered, including proof of CPS’s misinformation about the court time. This could... View More

1 Answer | Asked in Criminal Law, Employment Law, Civil Litigation and Civil Rights for Washington on
Q: I was assaulted for stealing 2 soda pops what can I do to get a attorney
James L. Arrasmith
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answered on Apr 3, 2024

I'm so sorry to hear that you were assaulted. That must have been a traumatic experience. Regardless of the circumstances, no one has the right to assault you.

In terms of getting legal assistance, here are some steps you can take:

1. Contact the police and file a report about...
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1 Answer | Asked in Appeals / Appellate Law and Civil Litigation for Washington on
Q: Can the party who has the clear and convincing evidence still be "Speculating?"

How can someone with the truth still be accused of Speculating?

Tim Akpinar
Tim Akpinar
answered on Jan 22, 2024

A Washington attorney could advise best, but your question remains open for a week. Based on the brief post, it appears that the judge, arbitrator, or opposing counsel does not accept your evidence at face value toward the issue you are arguing. One option could be to review the file with attorney,... View More

1 Answer | Asked in Civil Litigation, Appeals / Appellate Law and Gov & Administrative Law for Washington on
Q: When does "Lack of knowledge " or "Lacks information sufficient to form a belief " end?

First thank you everyone for answering my previous questions, very helpful.

When your oposising party claims "Lacks information sufficient to form a belief" throughout the entire civil litigation (obviously no investigation on their part to the "knowledge" and after I... View More

Tim Akpinar
Tim Akpinar
answered on Dec 26, 2023

A Washington attorney could advise best, but your question remains open for a week. That's a standard rubber-stamp response. You could consult with an attorney about options, but the other side could assert that at the time of the pleadings, lack of knowledge was the case. Good luck

1 Answer | Asked in Civil Litigation and Employment Law for Washington on
Q: I work as an independent driver. Do I need to pay an insurance deductible when get on an accident?

I work as an independent driver, delivering trucks from point A to point B for other companies. While recently doing the trips I accidentally put a wrong fuel in a new truck causing to be towed to the dealer repair facility to remove, by giving to the company I serve a $3778.00 insurance... View More

Tim Akpinar
Tim Akpinar
answered on Dec 13, 2023

A Washington attorney could advise best, but your question remains open for two weeks. An employment law attorney could have insight into this, as they are familiar with practices governing employees' obligations for paying for damaged property. You could repost and add the category, and if... View More

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