My boyfriend and I were waiting for the crosswalk light to turn so we we can walk. The light turn on and tells us to walk. We walking almost 1/2 way across the street and a black van comes and hits us on the left side. We both land on the car and ...
I assume this happened in Oregon. Call and Oregon Personal Injury lawyer and they will help you get through this. It sounds like there is clear liability on the part of the driver if you were in the crosswalk and had the walk sign telling you that you could cross. The police normally let a driver go if there is no reason to charge them criminally. It is possible that the driver got a traffic citation. An attorney will be able to check into whether there was a police report filed for this accident. If you have your own auto insurance, you should notify them and see if you are eligible for PIP coverage under your auto policy. As a pedestrian at the time of the accident, you will qualify to apply for PIP coverage under the insurance policy of the car that hit your, if your own auto insurance says you are not eligible under your auto insurance policy. You really need to hire an attorney before you start dealing with this PIP issue. It is very complicated and you want to avoid talking to any adjusters for the van driver's insurance. They will contact you immediately and try to get a statement - don't talk to them. Nothing bad will happen to you if your refuse to be interviewed. Below I will share the link to the article I wrote that explains what to do and not do if you are in an auto accident in Oregon. Please read it.See question
Hello, Recently my daughter's mother informed me that she need to relocate to to Tacoma, WA to secure her job. My daughter(10) whom doesn't wants to move at all, she wants to stay in Oregon with me. The mother has the custody of our daughter. ...
First of all, don't put your 10 year old daughter into the conflict by asking her what she wants and then throwing that out as a reason to object to the move. Pretty much any 10 year old, if asked, will say they don't want to move. They almost always want to stay in their comfort zone with their friends and things that are familiar. Talking to her about how she feels is OK, just be careful it doesn't escalate to putting her into a parental conflict.
I always tell parents in your position to talk to the other parent and try to see if the reason for the move is something you can help with, so the move is no longer necessary. Sometimes the reason may be financial or it may be because they need to be near family or friends to get help with child care. Try to explore what you can do to help the other parent stay here and get their needs met.
Tacoma is going to be a bit of a drive but it is doable for weekend visits. The ideal solution would be that you and the other parent each drive halfway and meet in the middle. That would share the burden. The other thing that would balance this out, would be that your daughter comes and lives with you in the summer, and has visits with her mother, and this reverses in the winter during the school year.
You can also argue in court that you should be awarded custody if mom moves. You would need to consult with an attorney and discuss all the issues to get a better evaluation of your chances.See question
My uncontested divorce was done in Mexico. I have certified copies of the property settlement agreement and the final judgment, and certified translations of both documents. Must I also have an Apostille of these documents, or will the certified...
You are trying to register a foreign Judgment in an Oregon Court. It is not clear why you want to do that, but in any case, you should talk to the clerk of the court about what format the Judgment needs to be in to register it with the Oregon Court. Read the statutes on this page with respect to filing a foreign Judgment and the notice requirements that you must comply with: http://www.oregonlaws.org/ors/24.105. Normally the process of registering a foreign judgment is done when a creditor is trying to collect money from a debtor in Oregon. Technically you are legally divorced once the Mexican court grants your divorce, but it probably doesn't hurt to create a paper trail by registering the foreign Judgment here in Oregon. Legally your Mexican divorce, IF IT WAS DONE PROPERLY, would make you divorced, without further registering it in Oregon. You would just have to have certified papers proving the divorce to show someone if you need to prove it. I actually think your idea of registering it is a good idea given the awkwardness or otherwise having to prove your divorce with paperwork. The problem that really concerns me is that your Mexican divorce may be invalid if it wasn't done in a way that meets US constitutional requirements of due process. That is to say, your spouse had to have been personally served the papers notifying them of the pending divorce. Personal service means that there is proof that they were actually handed the paperwork. (It is possible to meet the service requirement in an alternative method that is not personal service, but care must be taken to do this. Usually this would require a special order from an Oregon Judge approving the alternative method of service. Since you did the divorce in a foreign jurisdiction, I am not sure what the service requirements were. It is possible that a Mexican Court wouldn't require the level of notice that an American court would, and that might make your divorce vulnerable to being set aside or not honored by an American Court. The other problem with a foreign divorce is jurisdictional issues. A Mexican Court can only decide that you are divorced (your status) and can only make orders with respect to personal property and real estate found within Mexico. A Mexican court can only order your spouse to pay you money or do something if your Spouse was subject to the jurisdiction of the Mexican court at the time of the divorce which would normally require that they were physically in Mexico or had a residence there or a business there. So the content of your divorce, if it is more then just declaring your status as no longer married, could be problematic if the Mexican court didn't have jurisdiction. However, if your ex spouse lives in Oregon, registering the Mexican divorce here and personally serving your spouse with the paperwork concerning the registration of the Judgment along with a complete set of divorce documents, original and translated, rather then just mailing it certified, would give you another layer of protection in that it would create another form of personal notice that would meet due process standards. If I were you I would make an appointment to talk to an attorney here in Oregon and get their legal opinion as to whether or not you have potential problems with the legality and finality of your Mexican divorce. It would be much cheaper to deal with this now, then to have it come up later. (If your ex spouse was with you in Mexico and signed the divorce papers, then you would not have any of these due process issues so you can ignore that concern. Nor would you have problems with jurisdiction over your spouse to order the transfer of property or payments. There would still be a problem if the Mexican divorce ordered the transfer of title of real property in Oregon. Only an Oregon Court can actually order a change of property title, but the Mexican court might have the power to order your ex spouse to sign paperwork.See question
A hospital sued me and won, theres a court ordered garnishment judgement against me. The company garnished 1 check in 2013, stated they took too much and had to recalculate. Since then (I've been working consistently but 5 1/2 months) they have ne...
They can just sit back and let the interest accrue, at probably 9%, and garnish you at any time as long as the Judgment remains viable. The Judgment lasts for 10 years but it can be renewed for 10 more, so they have 20 years to collect and they are earning 9% interest. You can of course wipe out the judgment and not ever have to pay them by filing bankruptcy. You might want to explore that option with a local bankruptcy attorney.See question
For brevity, this will be cryptic. Female, 73. Visually disabled. Married 33 years. High debt to income ratio. Husband is 69, semi-retired and he is drawing both a pension and social security. I only receive social security. He is currently...
You need both a divorce attorney and a bankruptcy attorney - preferably one attorney that knows both areas of the law. Get on the phone and find one in your area. You and your husband might benefit from filing a joint bankruptcy and clearing up your debt, but that really depends on what you have in terms of property and you need a bankruptcy attorney to analyze the situation. But sometimes it is better to do the bankruptcy first, then the divorce. Sometimes it works the other way around. Sometimes you don't need a bankruptcy at all, but you just need to know what creditors can and cannot do.See question
Need ideas what to say to put pressure on?
slip and fall cases are really hard to prove and there is so much that can go wrong, and that's with an experienced attorney running the case. Running it by yourself you are only digging yourself into a deeper hole. You most likely have liens from your medical insurance provider that will have to be reimbursed unless you got no medical treatment, which is unlikely. Get an attorney and stop thinking you can handle this alone. You can't.See question
Six years from the date the debt was due or the date of the last payment you made, whichever is more recent. (After Judgment - 10 years plus another 10 if they remember to renew it.) Child support and Spousal support have longer time periods. (Taxes can actually be discharged in bankruptcy after a few years if you meet certain requirements. Bankruptcy will discharge most debts. You would be wise to talk to a bankruptcy attorney as see if that is a viable option for you. )See question
Both parties signed and dated it, however.
A judgment in Oregon is officially entered when the court clerk enters it on the Judgment register of the court. The date of entry is the date that the court clerk enters it on the court register and this starts the deadline for filing a notice of appeal. Here is the Oregon Law on point: http://www.oregonlaws.org/ors/18.075. So while it would have been nice if the Judge had written the date when they signed it, it is not a fatal flaw as the official date the Judgment become effective will be based on the date of entry in the court register.See question
Family Services has contacted me suggesting that an allegation has been made against me. It involves senior abuse. It is totally false. Even the person supposedly abused cannot figure out why her son/daughter (not sure which) would accuse me of su...
Let family services talk to the senior show was supposedly abused. If nothing happened, they should be able to figure it out by talking to the supposed victim. Do not meet with family services without having your own attorney present. If that means not talking to them at all, then you don't talk to them. You may not be allowed to care for your friend until the figure out there as no abuse, but at least you won't be helping them build a case against you. Be aware the elder abuse can be physical abuse and/or financial abuse. So there are many aspects to it. Play it safe and don't talk to anyone about this without an attorney being present. This can lead to criminal charges.See question