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Thuong-Tri Nguyen

Thuong-Tri Nguyen’s Answers

11,463 total


  • Is an Oregon will valid in Washington State?

    I moved to Washington last year and do not know if I need to have a new will drawn up in Washington or if my Oregon will is okay.

    Thuong-Tri’s Answer

    The usual rule is that if the will is validly executed in one state, the courts in another state will recognize the will as valid.

    On another hand, depending on your specific facts, perhaps you do not want your old will to be valid. You may have had significant family changes since the last will. Perhaps you got married, divorced, or more children.

    You should review the specific facts with your attorney and then decide what to do.

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  • Do I need a custody lawyer?

    I have been sent a letter from a lawyer my ex hired threatening to hold me in contempt of our parenting plan. The bullet points were either falsified or mutual verbal agreed upon between my ex and myself. He has not been paying child support and o...

    Thuong-Tri’s Answer

    In WA, the parenting plan has little to do with the order of child support. Whether a parent pays child support does not have any effect on the parent's rights to the child.

    If you are being sued, you either learn to handle the case yourself or you hire someone to handle the case for you.

    You likely are the best person to decide whether you can handle the case yourself.

    There is no law in WA that would require that you hire an attorney to handle your family law case.

    You can review the specific facts with your attorney first and then decide whether to have an attorney handle the case.

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  • No address provided for summons response

    I received a petition for a parenting plan from my sons father. How can I respond to avoid default judgement if he left the courts address and his address blank. He refuses to provide his address. I do not agree with what he is requesting. I belie...

    Thuong-Tri’s Answer

    If you know in which court the petition is filed, you file your response with that court. The court is not going to grant a default against you when your response has been filed with the court.. To get a default against you, the other parent would have to schedule a hearing.

    Until you have been notified of a new address for the other parent, the court rules state that you can use the last known address that you have.

    You should review the specific facts with your attorney to find out your legal options.

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  • Custodial vacation days

    My divorce states that we have to give notice of two week uninterrupted time by May 31. Even years the mom is primary and odd I am. I told my ex that I want our kids for two weeks in August. She's saying because I didnt notifiy Her by May 31, t...

    Thuong-Tri’s Answer

    You need to review the parenting plan carefully to see what the court ordered.

    The usual language is that the parent taking the vacation must give notice to the other parent by a specific time. Here, you are the parent wanting the vacation.

    The odd/even year tiebreaker is for when the two parents want to take the child at the same time. That provision should have no bearing on by when you must give your notice.

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  • I'm 17 and currently married for 1 year 4 months. I am in US and want to start with my husband's paper process.

    He has never been in US and has no legal problems. We got married in Mexico. What do you recommend?

    Thuong-Tri’s Answer

    You should review the specific facts with your attorney to see what legal options you have.

    One issue is what is your immigration status. If you have no legal immigration status yourself, you cannot file any immigrant visa petition that would be approved. If you are a green card holder, there is about a two year waiting period for spouses of green card holders. If you are a US citizen, there is no wait for a visa number to become available. However, the processing of the various petitions may take a year or longer.

    Given that you are 17, you likely do not have a job making at least $20000 a year or liquid assets worth $100000. So, you would need a joint financial sponsor so that there is an approvable affidavit of support.

    You and your husband will need to convince the US government that the marriage is bona fide.

    I have no idea on Mexican laws. However, you would have been 15 or 16 when you married. You may want to check whether the marriage is lawful under Mexican law.

    Again, you should talk with your attorney to see whether you can file a petition for your husband that would be approved.

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  • When can I reclaim my rental unit? Landlord Tenant question.

    I served my tenant a 3 day pay or quit notice and they moved some of their belongings out but not all. What are my steps to reclaim my rental unit and clean it up to re-rent? If their belongs are still in the house do I need to file unlawful det...

    Thuong-Tri’s Answer

    Unless the tenant has told you that the tenant has left, you will need to assume that the tenant has not left. If you re-enter the rental without confirmation from the tenant that the tenant has left, the tenant can claim that you are the one violating the law.

    If you can contact the tenant, you should contact the tenant and get a definite answer as to whether the tenant is returning. You can inform the tenant that if you do not get a definite answer, you would follow up with the next step which is to file an unlawful detainer action against the tenant once the notice period is over.

    Even if the tenant tells you that the tenant is not returning, unless the tenant also tells you that the tenant does not want what is left in the rental, you must follow statutory procedures "to get rid of the rest of their belongings".

    You should review the specific facts with your attorney to find out your legal options.

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  • Do i have a criminal record?

    I was caught shoplifting a $10.00 item at "Save On Foods" located in Vancouver BC Canada, at the age of 17. The security took me to a room and brought in the store manager where cried and begged to let me go. They eventually said your lucky, that ...

    Thuong-Tri’s Answer

    "I was caught shoplifting a $10.00 item at "Save On Foods" located in Vancouver BC Canada ... I'm canadian btw." This site is almost exclusively about laws in the US. You are asking about laws in Canada.

    What you should do is find attorneys in Vancouver BC to ask your questions.

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  • My son was arrested for assault 4 for punching his friend in the face. Will this stand up in court?

    He is 19 and so was his friend. They argued about money and knocked his teeth out. He has no priors and no history of fighting through high school. The other kids parents had him arrested a day later. Can he really be charged? No history? They wer...

    Thuong-Tri’s Answer

    "They were fighting over pot". Given your son's age, he may well be facing additional criminal law charges for the marijuana.

    There is nothing in the statutes that provides that "fighting over pot and money" is a legal excuse to knock somebody's teeth out.

    "Will this stand up in court?" Just going by what your wrote, if your son did in fact somebody's teeth out, the charges will stick and he can be convicted.

    What your son needs to do is to stop talking about the specifics with anyone, including you, except his attorney.

    He should hire an attorney or apply for a public defender at the court hearing his case.

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  • Divorce while in prison

    My fiance is in prison but is married to someone else. They haven't been together in 4 years and he wants to divorce so we can marry. He wants my help in doing the paperwork. Can I get the packet online and mail it to him or is the paperwork diffe...

    Thuong-Tri’s Answer

    "He is clueless and so am I." That likely is an indicator that hiring an attorney may be what is needed.

    The pattern family law forms are mostly at http://www.courts.wa.gov/forms/ . there is nothing in the statutes that provides or requires that forms used by inmates be different from those used by other persons.

    From the court's website, there is a link to WA LawHelp which has information self-help guides including one for dissolution.

    If this is an agreed dissolution, some attorneys offer flat fee rates.

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  • Daughter driving car that is registered to mom & got a ticket

    My daughter is driving the car that is registered to me and she got an infraction for not stopping at a red light via photo enforcement. I didn't know about it until I got a letter in the mail address to me. Can I request a hearing to explain the ...

    Thuong-Tri’s Answer

    In WA, camera tickets are sent to the registered owner of the vehicle. The law also prohibits the government from taking pictures of the face of the driver allegedly committing the infraction.

    The law provides that the court is to dismiss the ticket if the registered owner of the vehicle certified that the owner was not driving the vehicle at the time the infraction allegedly occurred. Some judges make the registered owner come to court and testify under oath before dismissing the ticket.

    The "letter in the mail" hopefully is the ticket. If it is the ticket, there should be a section for the registered owner to certify that the owner was not driving at the time. The forms from some courts have spaces for the registered owner to write down who the driver was. The statutes do not require you to fill out the information about your daughter. You can leave your daughter's information out of any declaration you make.

    If you received a ticket, you have only a few days to return the declaration.

    Hiring an attorney for a camera ticket is not worthwhile as the fines are only about $125 without any negative effect on your noncommercial driver's license.

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