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2 Answers | Asked in Libel & Slander, Family Law and Animal / Dog Law for Oregon on
Q: I need to know how to get my stolen cat returned. Unfortunately, it’s not taken as seriously as, say, a car.

She was stolen by my ex just to hurt me. She’s filed false papers claiming my cat is her “companion cat”. I have all the proof & witnesses to support the truth in this matter.

Jennie Lynn Clark
Jennie Lynn Clark
answered on Jun 28, 2022

You might want to consider small claims court in light of the fact that most attorneys charge $300-$400 per hour. You cannot have an attorney in small claims court. If you obtain a judicial order for in junctive relief for the return of the cat, she would be in contempt of court if she does not... Read more »

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1 Answer | Asked in Contracts and Civil Litigation for Oregon on
Q: Can i sue the dealership?

I have a 60 day warranty. I brought it back after one week and told them we’re where issues, they said I’d have to pay 180 for diagnostic even though on paper it said 60 days DEALERSHIP PAYS for labor, parts used, diagnostics, etc. still tried to make me pay, decided whatever, power steering... Read more »

Jennie Lynn Clark
Jennie Lynn Clark
answered on Jun 27, 2022

It sounds like you may have enough evidence for a potential lawsuit. Of course, an attorney would need to verify the content of the contract and the diagnostic tests. This is a malpractice case and a breach of contract case. It is a breach of contract because they are not honoring the warranty... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Comm- tenant rights/sublessor refuse written lease but a year-to-year agreement increases each yr

subleasing-1st year - Cohort approval and assignment of volunteer services in exchange for part-time workspace. 2nd year- automatic Cohort approval. office space and use of general areas in exchange for 20 hr. volunteer office coordinating training/ work & cleaning.

3rd-year backup... Read more »

Gregory L Abbott
Gregory L Abbott
answered on Jun 27, 2022

If you have agreed to a commercial rental without a written lease, it must be on a month to month basis. Among other things, that means the landlord can change the terms, space, rent, etc. at anytime with 30 days advanced notice. If you want something more stable, either get a fixed term written... Read more »

1 Answer | Asked in Bankruptcy and Civil Litigation for Oregon on
Q: My round up lawsuit made me an offer I accepted 8 months ago . Now I find out my lawyer has filed his own bankruptcy

Do I need to be concerned

Timothy Denison
Timothy Denison
answered on Jun 26, 2022

No. That money belongs to you. Unless your lawyer received and misappropriated and kept the money (which is a crime), you should not be affected by his bankruptcy.

1 Answer | Asked in Probate for Oregon on
Q: I am confused about the Oregon Small Estate Affidavit. It does not allow you to set up estate account, pay bills, etc.

Our mother passed and because her real estate was less than 200k and other assets minimal, we filed a Small Estate Affidavit in Oregon. There was a will listing us children as beneficiaries of all assets and specifying one of us as Executor. However, now we realize that this Small Estate process... Read more »

Theressa Hollis
Theressa Hollis
answered on Jun 24, 2022

You are correct that Oregon's small estate procedure does not result in the appointment of a Personal Representative or issuance of Letters Testamentary. All you receive is a certified copy of the Affidavit of Claiming Successor (Small Estate Affidavit). Banks in Oregon are supposed to honor... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Oregon on
Q: Hello, I recently renewed my rental lease for my apartment and im planning on terminating it early.

So, I recently renewed my lease and the current lease agreement states that the fee in the amount of $0(1.5 times the stated monthly rent if left blank) if I terminate my lease early.

but on my initial lease agreement. the lease agreement on this section was left blank instead of putting... Read more »

Katherine Goodman
Katherine Goodman
answered on Jun 22, 2022

Your current lease preempts your first lease and without seeing the lease agreement, it is hard to answer your question. But based on the current facts you have stated your current lease, which controls, you would have to pay 1.5 times the stated monthly rent if you terminate the lease early.... Read more »

1 Answer | Asked in Animal / Dog Law, Criminal Law, Family Law and Small Claims for Oregon on
Q: I’ve filed reports with Animal Control for “Theft of an animal”, & “Possession of a Stolen Animal.” No response.

7.005.129 - Possession of a Stolen Animal.

A. A person commits the offense of possession of a stolen animal if a person has in his/her care, custody, possession or control an animal not owned by that person and not placed by the owner/caretaker of that animal, in the persons care, custody... Read more »

Jennie Lynn Clark
Jennie Lynn Clark
answered on Jun 21, 2022

Only non attorneys can appear in small claims court. If you know who has your cat and you can prove you own the cat, you could file a case in small claims court and ask for injunctive relief for the return of your cat. You could also hire an attorney on an hourly basis to file a civil suit for... Read more »

1 Answer | Asked in Civil Rights, Libel & Slander and Personal Injury for Oregon on
Q: 22 y/o son with developmental disabilities and mental illness was taken to ER after a suicide attempt & then arrested.

5 Security rushed towards our son & he picked up a plastic chair and held over his head because he thought he was in danger. He has PTSD from abuse and trauma background. They tackled him and chair came down on security guards head. He pressed charges against our son for assault and use of... Read more »

Jennie Lynn Clark
Jennie Lynn Clark
answered on Jun 20, 2022

I would check with the attorney who handled the case to see if there is a way to undo the plea. Generally, it is difficult to undo a plea once the plea deal is done.

Our law firm's policy is not to accept police misconduct cases on a contingency fee basis if a person pleads guilty....
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1 Answer | Asked in Insurance Bad Faith for Oregon on
Q: I had major damage from a roof leak and State Farm wants to deny it.

At first they told me they were going to deny it. The next day they said they would partially approve it. The day after that, they said that they again said they were going to deny it. So far - they have put nothing in writing. They reversed because my $11K damage to my walls, ceiling, and trim was... Read more »

Tim Akpinar
Tim Akpinar
answered on Jun 19, 2022

An Oregon attorney could advise best, but your question remains open for two weeks. It could be difficult to speculate about the change in position without knowing more about the file in terms of the policy terms, damages, repairs, inspections, approvals, and other possible issues. If the reversal... Read more »

1 Answer | Asked in Contracts, Environmental and Landlord - Tenant for Oregon on
Q: Fallen down trees in the road

I had a couple questions about landlord responsibilities on maintaining the outside trees, June 10th 2022 around 7:00pm a huge tree branch broke off onto the road. I was driving on that road and struck the branch ( it fell down in front of my car It happened within 2-3 seconds ) residents of that... Read more »

Gregory L Abbott
Gregory L Abbott
answered on Jun 18, 2022

I am not clear what the responsibilities are for the arbor maintenance between the homeowner and an apparent HOA, but whichever is, they may be liable depending upon the details. Much depends upon why the tree limb fell - was it rotted out? or did a storm severe it somehow? I would start by... Read more »

2 Answers | Asked in Landlord - Tenant and Real Estate Law for Oregon on
Q: Question on maintenance on outside trees for an HOA when damaged is done to a vehicle

I had a couple questions about landlord responsibilities on maintaining the outside trees, June 10th 2022 around 7:00pm a huge tree branch broke off onto the road. I was driving on that road and struck the branch ( it fell down in front of my car It happened within 2-3 seconds ) residents of that... Read more »

Jennie Lynn Clark
Jennie Lynn Clark
answered on Jun 17, 2022

To safely answer the question, I would need to see the underlying lease agreement and contract with the HOA and consider the contractual issues along with the statutes under ORS 90 or ORS 91 depending on the type of tenant is involved. The contract may require the HOA maintain the trees. There... Read more »

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1 Answer | Asked in Contracts for Oregon on
Q: Is there someone who can help me with a notarized document
TeAnna Rice
TeAnna Rice
answered on Jun 17, 2022

Look for a public notary in your area.

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: I recently bought property from a friend. We closed escrow May 13 but she won't leave. What do I do?

We have both resided on the same property for 3 years. I recently bought it and she was supposed to leave for New Mexico. Our purchase agreement says property will be delivered at funding. Now she has had all of the money for almost 6 weeks and has only packed a few boxes and there is trash... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 14, 2022

You will have to hire a competent OR attorney to file an eviction proceeding.

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1 Answer | Asked in Employment Law and Health Care Law for Oregon on
Q: I am employed by two travel nursing agencies. I have one on pause, the other I just got a contract for a facility

The facility I’m contracted through contacted my agency that’s on pause and asked them to confirm with me that I’m working for another agency, isn’t that a breach in confidentiality? Also is it not ok to work for two agencies?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jun 9, 2022

Both depend on what your contract says with both agencies. Confidentiality does not just exist, it is by law or by contract.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can my landlord legally disregard a maintenance request because i owe unpaid rent?

I am on housing and have lived here since 03/2022 and my fridge has not worked since i moved in i informed my manager and she still hasnt sent someone out to fix it but she never forgets to ask me about my unpaid rent. Which os a whole other story. My question is can she legally procrastinate on... Read more »

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

No, a landlord has the absolute obligation to maintain appliances and the dwelling in general as long as the tenant is in possession - regardless of rent payment status. Be sure you document the times you have reported the problem or requested maintenance. Once it has gone 10 days or so without... Read more »

2 Answers | Asked in Bankruptcy for Oregon on
Q: Will bankruptcy clear what I owe for fines if the debt has been sent to collections
Timothy Denison
Timothy Denison
answered on Jun 6, 2022

No. Fines, court costs and restitution are not dischargeable.

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1 Answer | Asked in Copyright for Oregon on
Q: I discovered art hidden secretly in an artist work ( 1 portrait has most of Alice in Wonderland). Do I have any rights ?

Some work can be observed, many require mirrors and tricks to find (102 so far). Some are public domain, most are not. The artist can only be understood through deconstruction and reconstruction. At first I thought it was all public domain, before I understood there were loop holes. I now have... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jun 4, 2022

In a nutshell, no. Copyright belongs to the creator/author (or their heirs/assigns), and you are not the creator. You could write a book about it and own the copyright to your book.

1 Answer | Asked in Insurance Bad Faith for Oregon on
Q: I had a water from an ice dam last year and had an insurance claim. I just had rain damage again in the exact same spot.

I informed my insurance company to base the new damage on the old claim. They said it's a new claim. I have a $4500 deductible. What is my best approach? The restoration team said they could not determine if it was related. So far they haven't informed me that I even have a claim and it... Read more »

Tim Akpinar
Tim Akpinar
answered on Jun 4, 2022

An Oregon attorney could advise best, but your question remains open for two weeks. One option is to consult with an architect or civil engineer about the prospects of proving a common thread between both sets of damages. Given that the restoration team's position is that they could not... Read more »

1 Answer | Asked in Immigration Law for Oregon on
Q: I am an US citizen, my fiancé is Venezuelan.

He lives in Colombia though and is unable to return to Venezuela to get a police record that shows he is not a criminal. Would this not allow him to come to America and marry me? He also does not have access to a Venezuelan embassy

Kevin L Dixler
Kevin L Dixler
answered on Jun 1, 2022

This may create complications, but it’s unclear. Some attorneys may be able to provide assistance, but it can take more of a commitment by the clients.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I need to be pointed in the direction to file against my landlord. Due VERY UNSAFE dangerous situation by a tenant

Tenant in our bldg is severe fetynal/ meth user. He's been a a problem before we moved here last June. Been 7 months w/ us. Partner mental health is effected, I never had hi blood pressure. Dude has literally torn wires out of his walls sheet rock cut out, holes, literally he demolished it.... Read more »

Gregory L Abbott
Gregory L Abbott
answered on May 31, 2022

I am unclear as to your goals. If it is to get rid of the fellow, that takes consistent, persistent pressure on the landlord. If the fellow is going to be out in a few days anyway, then your goal may simply be to recover some damages from the landlord. Whether that is likely takes a very... Read more »

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