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Oregon Questions & Answers
1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Tenant vacated house but left a car parked in the driveway.

Tenant previously stated the car did not run. Now they are not answering my calls or texts. The car is sitting right in front of garage door blocking access to one bay. Can I have the car towed to the street?

Gregory L Abbott
Gregory L Abbott answered on Jan 20, 2020

NO! You would be abandoning a non-working vehicle on a public street, which, of course, is illegal. I would first see if the police will have it towed since it is on private property and blocking access. If they refuse, there is a whole process for dealing with tenant abandoned cars that you... Read more »

1 Answer | Asked in Family Law for Oregon on
Q: At age 17 could I legally move out without parental consent and without emancipation in Oregon ?

Currently enrolled in school and getting good grades and have a job

Joanne Reisman
Joanne Reisman answered on Jan 20, 2020

Why don't you just wait until you turn 18 and not worry about the legal aspects. If you live to be 100 years old, which is where our life expectancies are heading, that means 82 years on your own. What's your rush? In terms of the law you have no legal capacity to sign any legal documents until... Read more »

1 Answer | Asked in Divorce, Child Custody and Juvenile Law for Oregon on
Q: Can a noncustodial parent sign dmv forms for my 16 y/o stepson to get his driver's license in Oregon?
Joanne Reisman
Joanne Reisman answered on Jan 19, 2020

You will need to ask he DMV. But you are a step parent and not either a custodial or non-custodial parent. To save on being hassled just have one of his parents go with him. I don't think DMV cares who has legal custody.

1 Answer | Asked in Tax Law for Oregon on
Q: Why is it no one can question the IRS on fictious liens they place on deceased persons the IRS is a blight on humanity.
D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 18, 2020

Who said you can't question the IRS. That's really bad news for my career if it's true. Which it's not. Hire a professional if you have an issue with a government agency and challenge their position. It's literally what lawyers are for.

2 Answers | Asked in Real Estate Law, Tax Law and Gov & Administrative Law for Oregon on
Q: The lien is not on the deeds it's on the owner's name that attaches to his assets who owned multiple real properties

The owner is deceased and his probate is a limited judgment the PR can't sell or transfer the titles without court approval. There are co-owners on one title that can't sell their interest due to this limited judgment on one probate co-owner. The probate refuses to dismiss the co-owners need relief... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 18, 2020

Sounds like you should hire someone to help you with that.

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1 Answer | Asked in Real Estate Law for Oregon on
Q: The IRS refuses to answer or repond to this case. Can they be made to appear and show cause for the lien amount & origin
Joanne Reisman
Joanne Reisman answered on Jan 17, 2020

This is really a tax question. I would seek advice from a Tax Attorney. Assuming the tax lien is recorded in the real estate records you can pull a copy of the lien from the recorders office and see what it says.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Landlord question: one lease agreement with 3 persons, one moves out - can we start new rental term with the other two?

Rental term was November 7, 2018 to February 7, 2020, month to month thereafter, in city of Portland. One person is moving out voluntarily. We are considering putting the house on the market to sell. House used to be our own residence but when we moved out market was not good for selling. Can we... Read more »

Gregory L Abbott
Gregory L Abbott answered on Jan 17, 2020

If the current lease is signed by 3 co-tenants and one wants out at the end of the lease term, then arguably they are the ones not renewing (as long as you offer to renew but only to all 3). Entering into a new lease with just the remaining 2 is certainly an option if all of you agree, but... Read more »

1 Answer | Asked in Family Law, Real Estate Law and Probate for Oregon on
Q: I have a house on my dads property over 20 yrs..he died and my sister is executor..she is hurrying to sale .i need help

Am I expected to just walk away from my house and 5 acres with barn and shop to split with my sister? She wont talk and just wants to hurry and sell the property so she and her husband can move to another state...I even offered to pay off the minor debts left from my dad..and when I chose to live... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 17, 2020

It is not possible to give individualized advice without reviewing all of your individual facts and circumstances. However if your dad died without a will it is entirely possible that the house Is supposed to be distributed to you and your sister in equal shares. Most likely your best option to... Read more »

3 Answers | Asked in Child Custody, Child Support and Family Law for Oregon on
Q: What can I do as a pregnant teen, if the father of my child wants to sue me for full custody of our unborn child?

His reasoning is because he doesn’t want our child around their grandfather who has some sort of dementia or something like that at the moment because it could get hostile, but I do not think that he would be able to manage taking care of a child and a job and many other responsibilities that he... Read more »

M. Nicole Clooten
M. Nicole Clooten answered on Jan 17, 2020

The first question that I have is how old is your boyfriend? There could be some criminal liability on his part. Each parent has a claim to custody of the child, but the court gives a lot of weight to the primary caretaker of the child. Obviously there is no primary caretaker at this point, as... Read more »

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1 Answer | Asked in Employment Discrimination for Oregon on
Q: My employer told me that I should not come to work after taking my prescirbed medication.

I told her I didnt think she could do that. I also told her that I was going to start sending out resumes. She called me into her office and presented me with my last check and told me her attorney would be contacting me with a severance package. I asked her if she was firing me and she said no,... Read more »

Jeff Merrick
Jeff Merrick answered on Jan 17, 2020

You, too, ought to get a lawyer.

Your question raises issues of whether your medical condition or any disability caused her to prevent you from going to work. Did they try to work with you about your medication.

Also, it raises the question of the real reason she wanted to get...
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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My landlord entered my house while I was away on a work trip, they did not call me.

I was gone for a work trip for 3 days. While on my flight on my way home, I received a notification that my Ring alarm was going off and that there was entry through my front door. I texted my boyfriend and had him call the police for me since I didn’t have the ability to call while in flight.... Read more »

Gregory L Abbott
Gregory L Abbott answered on Jan 15, 2020

Your consternation is understandable but IF they posted the notice on your door at least 24 hours before they actually entered, it most likely is legal since posting it on your main entrance door is a lawful way of serving you with the notice. Want to avoid a repeat in the future? When you leave... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Oregon on
Q: Two different leases for one house and three roommates?

My wife has a lease in oregon with two other roommates. One roommate is the daughter of the landlord. She also has a different lease from the other two tennants allowing her to have a dog. The other two tennants, my wife included, are not allowed to have any pets per the lease they have signed. Is... Read more »

Gregory L Abbott
Gregory L Abbott answered on Jan 15, 2020

Certainly - and is one reason to have separate leases rather than all on one. The terms of the landlord's agreement with one tenant does not have to be the same as with a different tenant, so long as they are on different leases. It also means that you can't get evicted if she does not pay her... Read more »

1 Answer | Asked in Child Custody for Oregon on
Q: could i file for temporary immediate custody if the other parent is now following the parenting plan? joint custody file

the plan states to do breast milk and if needed formula but i have text proof that we agreed on only breast milk, and formula if he ever ran out. he refused to take the breast milk for this week and is all of a sudden switching the child to formula, which is not good for my child's stomach. we have... Read more »

Joanne Reisman
Joanne Reisman answered on Jan 15, 2020

It isn't clear whether the parenting plan you refer to is something that is already ordered by the court or just something you two agreed to informally. When a child is young and still nursing typically the court doesn't order over night visits with the other parent but rather just short day visits... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Sent 72hr notice nonpayment on 1/9/19, posted, mailed 1st mail, and email, on 1/14/20 still didn't receive any payment

Hello all, my tenant didn't pay Dec.2019 rent after 144 hour notice nonpayment, I filed an eviction and trial, The court grants default judgment in favor of defendant dismissing plaintiff complaint( because I didn't have proof of mail service) tenant didn't sign off certificate mail at USPS.... Read more »

Gregory L Abbott
Gregory L Abbott answered on Jan 14, 2020

No offense, but your posting does not make a lot of sense. You refer to serving both 144 hr and 72 hr notices; if both sides appeared in court, there would not have been a default Judgment since neither side defaulted if they showed up.

It sounds likely that a new 72 hr notice needs to...
Read more »

2 Answers | Asked in Immigration Law for Oregon on
Q: can I travel with the passport from my country of origin as a green card holder through asylum to other countries?

I wouldn’t go to the country where I’m claiming persecution from. Just other countries but without applying for a refugee travel document

Svetlana Kats
Svetlana Kats answered on Jan 14, 2020

Yes you can travel with passport and green card ( you don't need refugee travel document if you have a passport from your country).

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1 Answer | Asked in Employment Discrimination and Employment Law for Oregon on
Q: Can an employer tell employees that they will be terminated if they are caught helping a fired co-worker with hearing

Can an employer threaten employees with termination if co-workers, as witnesses for a fired employee? In an unemployment hearing. I went to my hearing without any witnesses or evidence. I know I could have subpoenaed witnesses but I respected their fear termination. Of course, I was denied again.... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Jan 13, 2020

It would be unlawful for them to do that, see: https://www.oregonlaws.org/ors/659A.233

1 Answer | Asked in Family Law and Probate for Oregon on
Q: I live in oregon and I have petitioned the courts for guardianship of a minor.but I need to get him home .

I need to get.him home as soon as possible. How so I do this??@

Joanne Reisman
Joanne Reisman answered on Jan 11, 2020

There is no way to understand what you are asking because there simply isn't enough detail. Frankly you can't get anything more then general suggestions on Justia. We can't give legal advice to people that haven't met with us as clients. All we can do is say what you could try and that is... Read more »

1 Answer | Asked in Employment Law for Oregon on
Q: So i recieved a call from my District Manager today, as i am a Store Manager at a Verizon store in Salem, Oregon.

He told me that the store i managed is closing down ( due to cost of business vs revenue brought in ) he stated it wasn't sales related it was just what traffic we had gotten. With that being said my only 2 options are to " take severance " which he stated to be " like 2 weeks pay " or to transfer... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Jan 9, 2020

You should be eligible for unemployment benefits if you take the severance, but ultimately that is up to the employment division.

Yes, it is legal to terminate your employment in this way. This is an at-will state, meaning you or your employer can terminate the relationship at almost any...
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