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Thuong-Tri Nguyen

Thuong-Tri Nguyen’s Answers

12,057 total

  • If I tell someone to leave my house and they just sit there what can I do?

    My brothers friend is a thief And has stolen from me many times, and I catch him inside my home with my brother alot even though I have told him many times he is never allowed in my house again. And every time I catch him inside I tell him to leav...

    Thuong-Tri’s Answer

    If you can prove that you have given the friend notice that he is not welcome in your home, you can call the police. The friend will be charged with criminal law violations unless your brother has the legal right to invite the friend there. (That is, your home is actually that of your brother.)

    If you were to shoot him while he is sitting there peacefully, you would be the one facing criminal law charges. While he may have no legal right to be there, unless he is threatening, you do not have the right to shoot him.

    Your problem likely is your brother. Your brother is the one bringing the friend there. Is your brother an owner of the house? Is your brother a tenant of the house? Is your brother just visiting you in your house?

    Unless your brother has keys to the house to let himself in, you may have to get tough with your brother to dissuade your brother from bringing the friend to your house.

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  • Is it true when forclosed property's sold at auction for more than what was owed, the excess funds go back to the previous owner

    Im just curious if its true that county foreclosure surplus funds are proceeds due back to the original owner who was foreclosed on? Is that why its called a unclaimed foreclosure surplus list... because they don't know that it's sold for more tha...

    Thuong-Tri’s Answer

    • Selected as best answer

    Unless there is a lot of equity in the house, after the foreclosing lender is paid and the selling expenses are paid, there likely is no surplus. The selling expenses likely are about 12% or more of the selling price. Things sold at auction usually are sold at a much lower price than similar things that are properly marketed.

    If there is a surplus, the money likely will be deposited into the court's registry in an interpleader action. The entity that holds the surplus does not want to be liable for giving the surplus to the wrong recipient. So, the entity likely would file an interpleader action naming all the possible claimants to the surplus as defendants. Those possible claimants can then go to court to argue who should get the money.

    If your property was foreclosed upon, you should review the specific facts with your attorney to find out your legal options.

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  • I made a child support payment on the last day of the month to the online portal payment system for DCS.

    DCS writes me and says technically it is late and therefore they did not receive it for that month because they did not get it until the 2cd of the following month. Legally who is in the right? I feel because I made a payment on the last day of th...

    Thuong-Tri’s Answer

    What "Many other companies" do is not relevant. You are not paying child support to those many other companies; you are paying through DCS.

    It takes time to process payments. Just because you "paid" does not mean your bank has transferred the money into DCS's account.

    You should review DCS information to see when your payment must be submitted to be considered timely paid.

    When child support is not timely paid, the only thing DCS should be charging you is simple interest at 12% annually. Unless you are paying millions of dollars, 12% annual interest for a payment that is late by a few days should be just a few dollars.

    It probably is least expensive to just pay those few dollars in interest and adjust your payment schedule.

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  • On what grounds can I file for divorce?

    He hasn't done anything "wrong", we just don't want to be married any longer. 2 kids. Easiest way to go about it?

    Thuong-Tri’s Answer

    Like many other states, WA has changed to no-fault dissolution. Neither spouse needs to or even can prove a reason why they should no longer be married with each other.

    Unless the reason affects the health or safety of minor children (for example, because one spouse likes to bring strangers home for sex in front of the children), the courts in WA do not look at why the spouses are breaking up.

    "Easiest way to go about it?" That would be the two spouses having a frank discussion with each other and coming to agreement about issues regarding property and debt division, spousal maintenance, child support, and parenting plan. They each can have separate attorneys representing them.

    In WA, there is a statutory waiting period of 90 days after the later of the filing of the petition or the service of the petition before the court can sign final orders.

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

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  • My mother remarried when I was six, they have both passed away. I grew up in Orange Co. Ca. I want to know if I was adopted by

    my mothers new husband. What agency in O.C. can I call to get this info?

    Thuong-Tri’s Answer

    If you were legally adopted, somewhere there would be a court order authorizing the adoption.

    In WA, an adoption case would be a confidential case. For confidential cases, only the parties to the case, their attorneys, and court personnel have access to the court documents. In WA, even the case information (such as the parties' names, case number) is not visible to the public.

    You can contact attorneys in Orange County, CA where the case, if there was one, likely was filed to see what the procedures are in CA.

    Most parents are very excited when they finish an adoption and would likely be telling everyone around them about the adoption. Do you have relatives or know friends of your mother and the husband who may have heard something?

    Alternatively, if you were not adopted, there may be court cases regarding child support and parenting plan for you. In WA, depending on the facts, cases involving child support and/or parenting plan may or may not be confidential.

    Again, you can talk with attorneys in CA to see whether any cases under your mother's name or that of your biological father exist in CA.

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  • I was denied by a judge when I made a motion for relocation of my children.

    How long must I wait before I can try to go back to court to relocate again? I think the judge made an error.

    Thuong-Tri’s Answer

    If the judge made an error, then the way to resolve the issue is either to ask the court to reconsider or to file an appeal to a higher court. There is a very short deadline for either of those steps.

    Unless you can cite a law showing the judge made an error, the judge did not make any error. Trial judges have wide discretion. Just because a party disagrees with the judge's ruling does not necessarily mean the judge made an error.

    You should figure out why the judge ruled the way the judge ruled.

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

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  • Is there a way to request the court to review the calculation of arrears (child support)

    I believe the amount DCS has on record for arrears is incorrect. The costodial parent notified DCS in 2008 that one child was going to be under my full care and support was no longer needed for either of us..well DCS continued to collect the month...

    Thuong-Tri’s Answer

    An unfortunate reality for you is that, unless a court order is changed by another court order, the old court order remains in effect. So, if there was a court order requiring you to pay, for example, $300 a month for child support, you will still need to pay $300 a month for child support even if the child lives with you until you get a new court order stating you no longer need to pay the $300 a month.

    Unless the other parent or child was getting public assistance, DCS should have forwarded the money it collected from you to the other parent. The other parent is free to return to you the money the other parent got.

    In WA, the court cannot adjust child support arrears. You can ask the court to change only future child support.

    One would have to ask why, if the child started living with you in 2008, you waited until the end of 2015 to work on the child support.

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

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  • I have a contract notarized for working with local law enforcement. They agree to the contract. I keep my end of it. They dont.

    Now someone is sitting in jail who should not be if they would have kept their end of the contract... What can i do?

    Thuong-Tri’s Answer

    You should have reviewed the "contract" with criminal law defense attorneys before "working with local law enforcement". You should have the contract reviewed now.

    The alleged contract likely is not a contract at all. The document likely states that you will risk your life in the hope that you would not be charged with criminal law violation at the discretion of the prosecutor.

    In WA, police officers do not have any authority to charge or not charge someone. While the police officers can certainly write citations and reports, whether to charge someone is at the sole discretion of the prosecutor.

    You should review the specific facts with criminal law defense attorneys to see if there are any legal options.

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  • Does she have a case against me

    A female is claiming I gave her a STD and also HIV. I do not have HIV and I've been tested as recent as last month but I do have an STD. I knew I had the std when I slept with her but did not disclose that information. She wants to press charges. ...

    Thuong-Tri’s Answer

    RCW 70.24.140 (Certain infected persons—Sexual intercourse unlawful without notification) provides: "It is unlawful for any person who has a sexually transmitted disease, except HIV infection, when such person knows he or she is infected with such a disease and when such person has been informed that he or she may communicate the disease to another person through sexual intercourse, to have sexual intercourse with any other person, unless such other person has been informed of the presence of the sexually transmitted disease."

    "I knew I had the std when I slept with her but did not disclose that information." Under the right circumstances, you may face criminal law charges that may include felonies.

    The victim has civil causes of action against you.

    If you do not have HIV now, then you could not have infected her with HIV a few years ago.

    You likely should discuss with your doctors whether whatever you have is treatable and what you can do to lessen the risk of infecting others. Doctors find new treatments. Perhaps what you thought is "incurable" now has some possible treatments. You should stop having sex with others without disclosing your medical condition to them.

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  • Police found explosives in tenant's unit. Tenant denying it's theirs but wife is arrested. How can I get them evicted quickly?

    A police had a search warrant on selling drug suspicion and entered my tenant's unit. Found a sparkler bomb and bomb team was called. They blew up the bomb in backyard, the frame went higher than the roof. Tenant denying anything to do with it bu...

    Thuong-Tri’s Answer

    "What's the quickest way to get them out?" The quickest way likely involves hiring an attorney who can review the specific facts and determine what legal options are available.

    " I am an out of state owner". Do you have an in-state agent to handle the rental matters as required by the WA Residential Landlord-Tenant Act? If you do not, what other provisions of the RLTA have you been violating? If you have not been in compliance with the RLTA, the tenants may well have ways to win or delay whatever legal actions brought against them.

    "the frame went higher than the roof." If you are talking about the frame of the house, what happened to the house when everything came back down to the ground? I would imagine that the house would have collapsed or fractured if it suddenly was lifted and crashed.

    Tenants who sells drugs from the rental or store explosives in the rental likely can be evicted from the rental in about a month. Sometimes, the tenants will quickly leave the rental to avoid the police investigation without the landlord having to do anything.

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

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