Get free answers to your Civil Litigation legal questions from lawyers in your area.
answered on Jun 7, 2020
This is something on which an Oregon attorney could advise best, but you await a response for a week. I'm sorry for your ordeal and the serious injuries you must have suffered to necessitate skin grafting. Unfortunately, it might be difficult to pursue legal remedies at this point in time. You... View More 
They say they are "Grandfathered" in and the rules do not pertain to them as the attorney has told them. I want to contact the Attorney General, but was told that there is a clause in which we have to have mediation first. How do you mediate breaking the law?
answered on May 13, 2020
The answer to this question will depend heavily on what allowances exist in the HOA bylaws and whether the Board of Directors is following them.
If the bylaws allow emergency meetings under conditions such as those that exist relating to COVID, it is possible the Board of Directors is... View More
The moratorium said those who dont have the virus but are late will not be at risk of eviction but I've just paid my rent 8 hours late and my landlord is still attempting to follow thru on the 72hr notice. It also seems to me this prop mgmt company is predatory. I fell down the steep crooked... View More
answered on Mar 19, 2020
A landlord does not have to accept rent paid after a 72 hr deadline and normally can proceed to evict if they wish. Currently however no court in Oregon is processing or enforcing residential landlord-tenant cases so the landlord can do little at the moment to enforce rent payments. If they DO... View More
We lived in the same apartment in Los Angeles for ten years. The landlord let the building degrade over that time refusing to fix basic things like the roof leaking into the bedroom every winter from the start of the lease, not fixing broken security gates & doors, leaving the front gate of the... View More
answered on Jan 31, 2020
It’s hard to say without seeing the lease and buyout agreements. In some cases, taxpayers can argue that a payment like that is actually a reduction in the monthly lease payments based on not receiving the value that you initially bargained for. In other words, an adjustment to the purchase... View More
My son was in the care of someone else while I was at home packing our belongings to flee from a bad situation that I did not want him around. While he was with the other individual he ingested narcotics and almost died. I met him and the person providing care for him at the hospital and the next... View More
answered on Nov 3, 2019
This is too complicated to figure out based on your brief synopsis. You need to contact an Attorney who can both review your details of what happened and review the court records. A reunification plan is only when there is a juvenile court proceeding and in a juvenile court proceeding you would... View More
A 14-yr.-old was struck by a car on the corner by our property in 9/17. We learned of this in August 2019, when we received a letter from a lawyer saying we are partially liable because our hedge was overgrown, and our homeowners insurance should pay. The hedge was overgrown/very tall when we... View More
answered on Oct 17, 2019
Do what the attorney had said, turn this over to your homeowners insurance. They will then hire an attorney and defend you.
This is a roommate situation where 1 female roommate constantly manipulates everyone in the house and lies behind everyone's back. Is it illegal to record the manipulator so everyone else has a chance to hear the conversation? Conversation would never be used for court, would never be used to... View More
answered on Sep 19, 2019
It is a crime to record a conversation without the other person's consent or knowledge. Do not record unless this person is advised that it is occuring.
I didn't receive any online paystubs for my direct deposit the entire time my employer used this online payroll company . He switched companies and got a new computer , him and his friend that switched out computers , put up a bunch of security cameras all over the resteraunt. I find this... View More
answered on Aug 22, 2019
Greetings,
This sounds very bad.
I might be willing to help, but first I need to know who is the employer and owner of the business. Also, where you worked and when this all happened.
Jeff Merrick
merrick@jeffmerrick.com
503-665-4234
I live in multnomah county in Corbett. The logging outfit has all but quit, with a huge mess, not fixing the driveway or regraveled, and still many trees left to cut down and haul to the lumbermill! I have 12.75 acres and this is a huge undertaking! I have bills to pay and trees to replant. With... View More
answered on Jul 25, 2019
You will have to consult an Attorney because I would expect you signed some type of contract or paperwork and part of the answer to your question is figuring out what your rights or liabilities are under the contract. Sometimes you need to take formal steps like have an Attorney write a letter to... View More
The claim is approximately $50,000.
answered on Jun 11, 2019
A creditor has standing to file a probate or file a small estates affidavit. However you should definitely discuss this with a probate Attorney as there may be nothing in the probate estate to make filing such a proceeding cost effective. Certain property previously owned by the decedent can... View More
We were both living with her friends from work and we got in a fight one day going to work/school and during her day at work she broke up with me and I was immediately rendered homeless. This caused me to have to move to another state and be unable to go to the college. It was past the time limits... View More
I was hired by a contractor to install siding and painting.The project is coming to a close and im still owed 54 thousand dollars plus 51 thousand dollars of change orders.I still have to pay out 95 thousand dollars to my subcontractors.I am told by other people that the general contractor said... View More
answered on Jan 29, 2019
Sounds like you will need to sue them. I doubt a letter alone is going to dislodge $100k from someone. You need a real threat. Give me a ring and I can look at it with you.
he kept going even after I got up from my bed as he kept saying " come on man up" mind I was in ICU, also there was a nurse/dr watching while he did this, this officer left this out of the police report but put everything else in it. theres more that I can discuss if there is something,... View More
answered on Jan 22, 2019
I'm sorry to hear of your experience, but this is not an immigration issue. I suggest speaking with a civil attorney and also contacting the police department to request that the report be modified to include all relevant information.
The OSB agrees that I was a victim of the unauthorized practice of law and is going after the guilty party for injunction relief and costs, the person had advertised themselves as a paralegal but did work and gave advice beyond what they were allowed, can I sue the landlord of the place where... View More
answered on Jan 21, 2019
Only if the landlord was somehow involved. But, if I am reading you right, the person just lived there, and in that case, no. You also cannot sue the state because he made money and paid taxes.
Plaintiff took me to small claims court, using a lease agreement that violated public policy and included terms that would require illegality to perform, as the basis of claim. Would the plaintiff have standing? If not, could the default judgement be attacked due to the fact that it is void?
answered on Dec 22, 2018
If you defaulted on the claim then your options are very limited. You will need to try and set aside the judgment but this is done somewhat rarely. You will not be able to do it without an attorney, and then you are facing a situation where it would very likely cost more to set aside the judgment... View More
answered on Dec 6, 2018
A black powder gun counts as a firearm. "Firearm means a weapon, by whatever name known, which is designed to expel a projectile by the action of powder and which is readily capable of use as a weapon. "
I recieved a summons from a debt collection lawyer for OR21.160(1)(a) Mandatory arbitration l. breach of contract 2. Account Stated 3. Quantum Merit
Can I file a motion to dismiss with prejudice including all of the questions answered? Summons said I need to file a "motion" or... View More
answered on Dec 4, 2018
It is unlikely that a motion to dismiss would be successful at this early stage unless you have incredible facts on your side. The proper thing to do is file an "answer" and start working through the court system. Failure to file an answer (or a motion to dismiss) can cause you to lose... View More
answered on Nov 13, 2018
Unless you had some sort of contract, preferably in writing, you would have a difficult time getting a judgment against, which is required in order to get a writ of garnishment. I would contact an attorney that specializes in contract law if you think that the intent of both of was to pay you... View More
My 8 yr old daughter's father was in prison for 6 years for assault with a deadly weapon & strangulation of his pregnant (now ex) wife. He had not been in contact with my child for almost 7 years. He got out this year & came to Oregon to see her for a week. He convinced me & our... View More
answered on Nov 28, 2018
You can be held in contempt if you fail to abide by the parenting time established in your judgment. I think your best course of action if you believe your child is in danger is to file an immediate danger motion which could temporarily suspend parenting time until you are able to serve the other... View More
An at fault party's insurance company has neglected to reimburse for car rentals, which they agreed to pay for, or provide any closure. Even with police report (which I had to provide at my own expense) and video evidence it took almost 2 months to accept liability. One month after having my... View More
answered on Nov 15, 2018
If your question is whether your county has jurisdiction over the insurer, odds are it does.
If you can't find the insurer's proper address with the Secretary of State's business registry, try the State Insurance Division.
It might be worth buying an hour of a... View More
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