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Oregon Questions & Answers
1 Answer | Asked in Contracts and Small Claims for Oregon on
Q: I have received a letter from a moving company asking for $ from not paying a full amount to them because of damages etc

This year I had movers and they told me the move would take 2 hours. They ended up taking roughly 8 hours after locking themselves out of my apartment complex (while having the key I provided them) several times for hours at a time. Breaking and damaging my items as well as putting dents and holes... Read more »

Gregory L Abbott
Gregory L Abbott
answered on Dec 7, 2022

So is there a question here? Sounds like the normal, same bottom line - either you work things out with them or you refuse. In that case they have to decide whether they want to drop the matter; send you to a collection agency (who then has the same options after harassing you and dinging your... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Lease is up 12/31. We have not renewed or agreed to month to month. if we leave by 12/31, do we have to pay for 30 days?

Current lease term is up on 12/31, but we will not be renewing. We have until 12/15 to either renew or go month to month. If we find another place and vacate before the end of our term on 12/31, are we still obligated to pay for 30 days' notice?

Gregory L Abbott
Gregory L Abbott
answered on Dec 7, 2022

Assuming you are in Oregon, it likely depends upon exactly what your lease says about renewal and/or termination. Fixed term leases vary - some automatically roll over into a month to month unless either party provides notice ahead of time that they do not wish to renew; some self renew for... Read more »

1 Answer | Asked in Probate for Oregon on
Q: I am co-rep of will.the other rep of will is using her personal lawyer of 5 years to probate for her and contest the wil

can she pay her from estate?

Theressa Hollis
Theressa Hollis
answered on Dec 7, 2022

Usually the person contesting the Will must pay for the initial litigation expenses, however, if they are successful they could ask for court approval for reimbursement from the estate. If you are named as co-Personal Representative in the Will I recommend you hire your own attorney to advise you.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a property manager require that each person makes three times the rent to qualify?

My husband and I have been living in our current rental for 3 years. New management took over and they are telling us that because my husband and I do not BOTH make 3 times the rent that we no longer qualify to live there. I support my husband while he's in grad school and this seems like... Read more »

Gregory L Abbott
Gregory L Abbott
answered on Dec 6, 2022

I already answered your question over on Avvo.com but would add that I assume you are on a month to month tenancy (or they couldn't even try to kick you out until the end of the lease without alleging and proving you violated the lease terms somehow). You also don't say what they have... Read more »

1 Answer | Asked in Personal Injury and Libel & Slander for Oregon on
Q: is sending a defamatory message a legal offence in Oregon?

A text message that is accusatory of a Federal and State crime(s) but is false is sent to a group of individuals. Factually the accusations are false. It was sent with intention to harm. Has this sender committed:

1 - Offence

2 - Crime

3 - Neither

4 - Both

Brad  Holbrook
Brad Holbrook PRO label
answered on Dec 5, 2022

The question asks essentially, "Whether sending a text message that accuses someone (falsely) of a state and/or federal crime is lawful?" Clearly, if you speak a false statement about someone to a third person(s) in manner that is called "publishing", it is actionable as... Read more »

1 Answer | Asked in Animal / Dog Law and Civil Rights for Oregon on
Q: My late fiancés mom is trying to take my dogs from me because she is executor of his will. Do I have any rights?

I was a live in girlfriend and care provider to him while he battled cancer and seizures for 8 years

Jennie Lynn Clark
Jennie Lynn Clark
answered on Dec 5, 2022

You must be in a rough state of mind losing your boyfriend and your dogs. If you have title to the dogs or other documentation of ownership of the dogs, you should be able to get your dogs back. Unfortunately, the cost of hiring an attorney would likely exceed the value of the dogs. You might... Read more »

1 Answer | Asked in Products Liability and Employment Law for Oregon on
Q: I am a fleet manager for a rental car company. What is the liability for patching gas tanks and renting cars out?

I cannot find any reputable shop to perform this job.

The gas tank is plastic and not metal.

I have expressed my concerns and have been overruled by management and instructed to proceed.

We have found a non-certified individual to work as a 1099 to perform the repairs... Read more »

Jennie Lynn Clark
Jennie Lynn Clark
answered on Dec 4, 2022

I am not a mechanical expert. But it sounds like you are being instructed to make repairs to vehicles in a negligent manner that could lead to harm. Your employer is responsible for your actions under the doctrine of respondeat superior. Theoretically, if someone were harmed they could hire a... Read more »

2 Answers | Asked in Probate for Oregon on
Q: What do I do if we only have a scanned copy of my dad's will?

My dad passed in 2005 and a few years ago we learned that there are some outstanding PERS benefits. But to process the required paperwork, we need a certfied copy of his will. And we only have a scanned copy of it.

Anthony M. Avery
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Anthony M. Avery
answered on Dec 1, 2022

Get a certified copy of the Will at whatever Probate Court it was filed. If the Will was not probated, then it means nothing.

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2 Answers | Asked in Probate for Oregon on
Q: What do I do if we only have a scanned copy of my dad's will?

My dad passed in 2005 and a few years ago we learned that there are some outstanding PERS benefits. But to process the required paperwork, we need a certfied copy of his will. And we only have a scanned copy of it.

Theressa Hollis
Theressa Hollis
answered on Dec 2, 2022

It is unlikely that a certified copy of your father's Will is what is needed. If no beneficiary was named by your father for the PERS benefits then a probate is likely what will be required. Depending on the value of the PERS benefits you might be able to file a Small Estate Affidavit. Then... Read more »

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1 Answer | Asked in Personal Injury for Oregon on
Q: If I hurt someone on accident, can they make me pay their medical bills?

I accidentally shot a girl in the face with an air soft gun at a fraternity party and she was injured. There was drinking involved with all parties. They are now making me pay their medical bills. I am wondering if they can do this and if the other parties would also be liable. There were other... Read more »

Brad  Holbrook
Brad Holbrook PRO label
answered on Nov 29, 2022

I am sorry for the circumstances of the shooting. Guns and drnking are not a healthy combination and lead to a lot of accidental shootings. In short, it would be my opinon that you are liable to pay for any medical treament that is reasonable, customary, and necessary, and for any and all... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: As a landlord, can I immediately evict a tenant for criminal activity documented by law enforcement?

Tenant was arrested for auto theft and credit card fraud.

Gregory L Abbott
Gregory L Abbott
answered on Nov 28, 2022

IF the acts complained of were committed on or in the immediate vicinity of the rental premises, then likely yes with a 24 hour written notice. Note that just because the police arrest someone, they have not yet been proven guilty so you might be challenged in an eviction procedure to prove it.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can I move out of my rented room without notice, or do I legally have to give 30 day notice? I did not sign a lease

I live in a house and rent a room. I did not sign a lease prior to moving in a year ago. I am about to move and I'm wondering if I need to give 30 days notice? Or if I can leave whenever because I didn't sign a lease. I live in Portland Oregon

Gregory L Abbott
Gregory L Abbott
answered on Nov 28, 2022

A written lease is not required and makes no difference in this matter. You do not have to give any notice - but you will owe an additional 30 days rent. If you give just 15 days written notice (it must be in writing to be legally valid) before moving out, you would then owe an additional 15 days... Read more »

1 Answer | Asked in Estate Planning for Oregon on
Q: How do I add my daughters name to the deed to my home?
Theressa Hollis
Theressa Hollis
answered on Nov 28, 2022

It is possible to simply sign a Deed adding your daughters' names to your home. However, in general this is not the best way to accomplish your estate planning. For example, once you add your daughters' names they are now owners of the property along with you. This means that you have... Read more »

1 Answer | Asked in Employment Law for Oregon on
Q: In Oregon, is calling out sick protected even if it is not FMLA?

I called in sick unconsecutively to care for my ill child, 4 times in a 3 month period. I have been employed for over 5 years with them. I am being placed on probation due to my attendance. My employer is private and has over 350 employees.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Nov 23, 2022

It can be proteceted under Oregon's Sick Leave law, which covers care for a sick child. However, whether they violated the law depends on if you still had sick leave available and if you followed their reporting rules.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Do I have a leg to stand on in court

My my landlord recently passed away and her son took over the apartment complex where I live they had put it on the market to sale told us everything would be fine then all of us get a termination of our lease reasons were because the apartments were unsafe or unlivable during renovation so we had... Read more »

Gregory L Abbott
Gregory L Abbott
answered on Nov 22, 2022

They can only give you a 90 day notice if you are on a month to month tenancy, not if you are on a fixed term lease. If the landlord owns more than 4 rental units in Oregon, they should have paid you at least a month's rent as relocation assistance. If not, arguably the notice is invalid.... Read more »

1 Answer | Asked in Divorce and Probate for Oregon on
Q: Mother in-law died my wife's brother and sister wanted to sell the house me the husband paid the brother for his portion

Me and the wife stayed in the home made the payments from a joint account and I remodeled the house and also help make the payments and paid the sister off from her portion of the house am I initialed to any portion of the sale of the home

Theressa Hollis
Theressa Hollis
answered on Nov 21, 2022

You will need to review the specific facts of your situation with an attorney. The answer to your question will depend on what written agreements you have, how the home is titled, whether or not your mother-in-law left a Will or Trust, how much you can prove you have done to increase the current... Read more »

1 Answer | Asked in Car Accidents for Oregon on
Q: I was in an automobile accident when I was 19. I was unable to speak for myself then. I am 48 now, how can I find out

If there is one in affect? And why would it be affective in oregon financially

Tim Akpinar
Tim Akpinar
answered on Nov 19, 2022

An Oregon attorney could advise best, but your question remains open for four weeks. Nationwide, jurisdictions do toll statutes of limitations under certain circumstances, but it looks like twenty-nine years have elapsed here. That's a long time under the most liberal of civil procedure... Read more »

1 Answer | Asked in Child Custody, Child Support and Bankruptcy for Oregon on
Q: can i discharge legal fees that are awarded for a custody but specifically NOT for support that i owe the other party,

my ex started a petition to change parenting time and custody and won custody and is now asking for thier legal fees. child support was never has never been part of this process nor in any of the motions or petitions simple custody and parenting time. i want to discharge these legal fee in a... Read more »

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Nov 17, 2022

First and foremost, I recommend that you consult with Counsel experienced in this type of matter in your Jurisdiction.

Second, I would say, it depends on how it is written in the State Court, because 11 U.S.C. 523(a)(15) is a catch-all for any types of Orders in the matrimonial court not...
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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My land lady charged me 350 for rent When I needed help she excepted monies from the state that helped me pay rent. Sh

Charge them over the 3 month period 550 a mo amount as well as to other non profit organization that helped me through, is this legal? To charge and take more money? She stated if the states give her free money she charging them more and she did

Gregory L Abbott
Gregory L Abbott
answered on Nov 15, 2022

That is called fraud. You should report it to the organization that paid your rental assistance and to your local police department and, if you wish, to the Oregon Attorney General's Consumer Fraud Division.

2 Answers | Asked in Divorce and Collections for Oregon on
Q: How to collect a money judgment where all property has been put in a trust

I have a judgment ( money from a divorce); my ex-husband has transferred all property into a irrevocable trust.

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 15, 2022

You may still be able to get to the property, but you'll need to review the matter with a lawyer.

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