Robert J Harris's Answers

My 13 year old son, (14 in July) expressed to me his desire to live with me full time. What do I need to do to enable this?

These are tough situations. A good place to start would be for you to contact Washington County Conciliation Services, link provided below. They may be able to assist you, your ex wife and your son in resolving both the legal and family conflict issues that are obviously present here. It would also be a good idea for you to pay for a basic consultation with an experienced family law lawyer in Hillsboro. This is the type of issue where there is typically a lot of background that can make a...

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How can they suspend a license in california for a DUI in oregon?

Oregon and California are part of the driver licensing Interstate Compact. So they will honor each other's suspensions. If you still had a California license when you got the Oregon DUI, the the Oregon DMV would notify California that you were convicted of DUI in Oregon and that you received an Oregon Suspension. California would then suspend your license for the same period of time that Oregon did. Here is how it could have worked. You were convicted in Oregon of the DUI. You hadn't turned...

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Why do lawyers put cases in an abatement?

if your lawsuit has been filed in Oregon, the courts want to see it resolved within a year of filing. Sometimes, for some reasons, the parties know that its impracticle to value and resolve the case within that year, but they really don't expect a trial either. So they need to slow the court process down so the court doesn't push the case to trial when the parties beleive it will most likely settle if given a little more time. If the case hasn't been filed, then the attorneys have most...

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Can I respond to a stipulated general judgement? What course of actions can I take if I cannot afford an attorney?

Of course you can respond yourself. I can build my own home. I can pull my own tooth. But, as you unfortunately found out, unless you know what your'e doing, things can go horribly wrong. I understand that attorneys are expensive. But given the importance of this case, you need to do everything you can to try to get a attorney to help you fix this. And, it will probably be more expensive than keeping your last lawyer would have been for you. There may be low cost alternatives through legal aid,...

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Joint Civil Debt Collection Lawsuit in Oregon

Yes. The trials should be joined though. At the trial, insist on all the original debt paperwork. Including your application for opening the account. The proof of the debt. Object to all the photo copies and incomplete paperwork they will be presenting. Since it is a debt collection company, also demand that they have proof that they are the "owner" of the debt. they need an original assignemnt of debt or assignment of account. A copy is not really authentic unless they have the "keeper of...

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Modifying Child Support when two children are considered 'Adult Child Attending School'

You've identified the issues here well. But an experienced attorney could probably ask all the right questions about your sepcific situation, and advise you whether you should seek a modification. They can run some scenarios through the child support calculations and go over the particular facts of your case. No two sitautions are exactly alike and a consult fee is well worth the investment. There is an online child support calculator you can play with. If you don't know where it is, I've...

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Can my wife sue her ex for Fraud over a Bankruptcy?

Here are some questions I'd have of your wife. Why didn't she check with the bank to see if the loan was in default before filing bankruptcy. If she used a lawyer for the chapter 13, did she tell him/her that the reason for the bankruptcy was because of the LOC, and if so, did s/he check it out? Did your wife give her attorney the paperwork for the LOC? Did your wife ever receive any notices about late payment for the LOC? Did your wife have other reasons to file the chapter 13 besides the LOC...

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Married 33 yrs. Spouse is drug addict and unemployed. Home is in my name only. How do I get him out. He refuses to leave?

It sounds like you've been married for quite a while. Oregon law presumes that there will be an equitable distribution of marital assets, and all assets obtained during marriage are presumed marital. You don't say why the home was put in your name only, and it appears the purchase price was from a family asset, so regardless of whose name is on the title, it will be presumed a marital asset, and subject to division. Similarly, your pension, and his pension, and social security will ALL be...

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Is there a legal way to contact a person who has a restraining order against you?

Be aware that if you were to violate the restraining order, in Oregon that isn't just a contempt of court, it is a crime. So you could be arrested and prosecuted by the District Attorney. So, it may be a wise choice to have your lawyer file a contempt of court motion against your ex rather than try to determine where "the line" is based on your own interpretation of the restraining order. It is probably much cheaper to let your lawyer deal with this in family law court than being arrested,...

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Can I become a licensed Physician Assistant if I have been convicted of a DUI (misdemeanor)?

The best place to find out is the accreditation board for the state of Oregon. For PA's it's the Oregon Medical Board. Rules for licensure and discipline are found in the Oregon Adminsitrative Rules (OAR's), and Oregon Revised Statutes (ORS's). You should go to the Medical Boards website (link provided) and review the rules. You can also call them, and ask them directly how a DUII misdeanor would effect your license. A quick read is that a felony disqualifies you, as well as any...

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