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2 Answers | Asked in Banking for Washington on
Q: I live in Washington, I have 2 checking accounts 1 for my SSI one for other they used my SSI to setoff can they legally?

One of the accounts is just my SSI funds which i use for bills rent and food, the other is just a general funds account like if I sell something or get gifted money, it was overdrafted for some time and was told they wouldn’t touch my SSI fund account to setoff it, but then they proceeded to do... View More

James L. Arrasmith
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answered on Feb 5, 2024

Based on the facts provided, it unfortunately seems the bank does have the legal right to set off funds from one account to cover overdrafts or fees owed on another account, even if the first account contains SSI or other protected government benefits. Here are some key points:

- Washington...
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2 Answers | Asked in Banking for Washington on
Q: I live in Washington, I have 2 checking accounts 1 for my SSI one for other they used my SSI to setoff can they legally?

One of the accounts is just my SSI funds which i use for bills rent and food, the other is just a general funds account like if I sell something or get gifted money, it was overdrafted for some time and was told they wouldn’t touch my SSI fund account to setoff it, but then they proceeded to do... View More

T. Augustus Claus
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answered on Feb 2, 2024

In Washington, banks generally have the legal authority to conduct setoffs, which involves using funds from one account to cover debts owed on another account held by the same customer. However, there are specific limitations and protections in place, particularly regarding Social Security benefits... View More

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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 Probate and Real Estate Law for Washington on
Q: How can a widow own property not on deed but on loan . Pays taxes without probate? Do they own 50percent automatically?

The widow pays the loan and taxes no will or trust .

James L. Arrasmith
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answered on Feb 1, 2024

If a widow is not listed on the property deed but is paying the loan and property taxes, her ownership rights may not automatically be 50 percent. Ownership of real property is typically determined by the names listed on the property deed. Paying the loan and taxes alone does not necessarily grant... View More

1 Answer | Asked in Employment Law, Tax Law and Business Law for Washington on
Q: Can my company pay me my 401k balance via extra hours worked on my checks?

For 1 year I got 60-90hrs extra on each check I figured it was them paying out stocks do to the company being sold and changing from employee owned to non, I just got a letter that states my 10k I had in my 401k is now at 0.00 this is the first mention of my 401k I have received

James L. Arrasmith
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answered on Jan 26, 2024

In addressing your question, it's important to understand that 401(k) plans are subject to specific regulations under the Employee Retirement Income Security Act (ERISA). Generally, these plans are not designed to be paid out through extra hours worked or through your regular paychecks. Such... 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 Consumer Law and Civil Rights for Washington on
Q: If I send a complaint letter as a consumer to a business. Can they forward my letter to my employer?

Possible violation of Chapter 9.73 RCW

James L. Arrasmith
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answered on Jan 26, 2024

Yes, it appears that the business violated Washington state's privacy law by disclosing your consumer complaint communication to your employer without your consent.

Specifically, Revised Code of Washington (RCW) 9.73.030 states that it is unlawful for individuals or businesses to...
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1 Answer | Asked in Consumer Law, Civil Rights and Communications Law for Washington on
Q: Can a communication between a consumer and a business be disclosed to 3rd parties?

I submitted a complaint (as a consumer) to a business. That business forwarded my complaint to my employer which they later used as evidence to justify disciplinary action. Is that violation of Privacy law in WA (RCW 9.73. 030)?

James L. Arrasmith
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answered on Jan 26, 2024

Yes, it appears that the business violated Washington state's privacy law by disclosing your consumer complaint communication to your employer without your consent.

Specifically, Revised Code of Washington (RCW) 9.73.030 states that it is unlawful for individuals or businesses to...
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1 Answer | Asked in Immigration Law for Washington on
Q: I am a naturalized US citizen since 1973. I was born in Germany in 1956. Can I have dual citizenship?

My parents were also naturalized US Citizens from Germany and Austria.

James L. Arrasmith
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answered on Jan 24, 2024

As a naturalized U.S. citizen originally from Germany, the possibility of maintaining dual citizenship depends on the laws of both the United States and Germany. The U.S. does not prohibit dual citizenship. When you become a naturalized U.S. citizen, you are not required to renounce your previous... View More

2 Answers | Asked in Bankruptcy for Washington on
Q: Car loan of $50k on car worth $20k being repossessed and $30k in credit card Debt in finance name what are our options
James L. Arrasmith
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answered on Jan 26, 2024

Facing a car loan significantly higher than the car's value and substantial credit card debt can be challenging, but there are options available. One option is to negotiate with the car loan lender for a possible settlement or modification of the loan terms. Lenders sometimes agree to reduce... View More

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2 Answers | Asked in Bankruptcy for Washington on
Q: Car loan of $50k on car worth $20k being repossessed and $30k in credit card Debt in finance name what are our options
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jan 24, 2024

Your question cannot be reliably answered because it offers only two debt items.

Your options, among which are some of the bankruptcy Chapters, can only be determined by a full consideration of your likewise full financial situation, both income and debt service for...
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1 Answer | Asked in Business Law, Cannabis & Marijuana Law and Internet Law for Washington on
Q: Can a WA dispensary legally make commissions off of third-party food products sold not on the premise?

For example, a dispensary has a QR code that affiliate links to a website that sells candy. The candy site pays them commissions for each sale that comes through because of the dispensary. I understand that WA state dispensaries cannot directly sell non-THC products (hats, candy, etc.).

James L. Arrasmith
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answered on Jan 23, 2024

In Washington State, cannabis dispensaries are subject to strict regulations regarding what they can and cannot sell or promote. While dispensaries are prohibited from selling non-THC products like regular food items or merchandise directly, the scenario you're describing involves an affiliate... View More

2 Answers | Asked in Divorce, Civil Rights, Military Law and Family Law for Washington on
Q: I have gone through 2 referral services and researched on my own. I've tried to contact about 6 attorneys & got 0 help.

I live in WA state. I just want a Divorce/Legal Separation attorney. Why is it so hard to do? Does anyone know who I can contact? Near Snohomish county?? Is there a reason I am brushed off?

John Michael Frick
John Michael Frick
answered on Jan 23, 2024

If you are only looking for a divorce lawyer, I wonder why you have included unrelated areas of practice in your question (Civil Rights, Medical Malpractice, and Military Law).

Finding a divorce lawyer should not be that difficult, particularly in a high demand area. There tend to be a...
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2 Answers | Asked in Divorce, Civil Rights, Military Law and Family Law for Washington on
Q: I have gone through 2 referral services and researched on my own. I've tried to contact about 6 attorneys & got 0 help.

I live in WA state. I just want a Divorce/Legal Separation attorney. Why is it so hard to do? Does anyone know who I can contact? Near Snohomish county?? Is there a reason I am brushed off?

James L. Arrasmith
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answered on Jan 22, 2024

Finding an attorney can sometimes be challenging, especially in high-demand areas like family law. If you've had difficulty securing a lawyer through referral services, consider reaching out to your local bar association in Snohomish County or the Washington State Bar Association. They often... View More

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1 Answer | Asked in Copyright and Intellectual Property for Washington on
Q: Who owns book copyright when author deceased & publisher (church) is closed? Small indep church, not part of organiz

The copyright on the book says March 1969 with the church publishing house as the owner. The author-pastor (also my father) died three years ago. The church and its publishing house (ie printing dept) closed 20+ years ago. Now people want to e-publish the book and give it for free. As the daughter,... View More

James L. Arrasmith
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answered on Jan 22, 2024

The question of copyright ownership in a situation where the author is deceased and the original publisher is no longer operational can be complex. Under U.S. copyright law, the rights to a work created and published before 1978, such as your father's book from 1969, typically last for the... View More

1 Answer | Asked in Consumer Law, Business Law and Constitutional Law for Washington on
Q: What are the WA state laws re: SIR in a 3rd party insurance claim against a roofer's defective roofing job and damages?

We hired a roofer through a professional service. The roofer failed to repair damages from his inferior work. The professional service offered a small refund with a waiver of section 1542 of CA civil code. Before I sign the release, I want to be sure it doesn't preclude me from suing the... View More

James L. Arrasmith
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answered on Jan 18, 2024

In Washington State, a Self-Insured Retention (SIR) is an amount that the insured party, in this case, the roofer, must pay out of pocket before their insurance coverage kicks in for a claim. If the roofer fails to pay the SIR, the insurance company may not cover the claim. This means that if the... View More

1 Answer | Asked in Employment Law for Washington on
Q: Can my employer require that I stay on premise for the 8hr work day including lunch? -Washington state, exempt salaried
Brad S Kane
Brad S Kane
answered on Jan 14, 2024

Yes, Employers are not required to pay for a meal break if an employee is free from all duties for their entire break. Employees can only be required to remain on the premises or work site during their meal period if they are completely free from work duties.... View More

3 Answers | Asked in Trademark and Intellectual Property for Washington on
Q: Hi, how do I revive/renew a trademark I filed in 2007 but somehow botched and apparently abandoned?

Trademark serial #77116771

Felicia Altman
Felicia Altman
answered on Jan 14, 2024

If a trademark was abandoned recently, you may be able to file a petition to revive the mark. However, if the trademark has been abandoned for an extended period of time you will need to re-file the application with the USPTO in order to regain rights in the original trademark filed. Many trademark... View More

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3 Answers | Asked in Trademark and Intellectual Property for Washington on
Q: Hi, how do I revive/renew a trademark I filed in 2007 but somehow botched and apparently abandoned?

Trademark serial #77116771

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jan 14, 2024

The intent-to-use application for EMBERFLY was allowed in 2007, but no statement of use or request for extension was filed. There has been no other application for the same mark. The same application cannot be revived, but a new application should be filed with a statement and specimen of use,... View More

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3 Answers | Asked in Trademark and Intellectual Property for Washington on
Q: Hi, how do I revive/renew a trademark I filed in 2007 but somehow botched and apparently abandoned?

Trademark serial #77116771

James L. Arrasmith
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answered on Jan 14, 2024

To revive or renew a trademark that was filed in 2007 but later abandoned, you'll need to start by understanding the current status of the trademark. If the abandonment was due to a failure to respond to an office action or failure to file required maintenance documents, the approach might... View More

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