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Oregon Questions & Answers
2 Answers | Asked in Criminal Law, Civil Litigation, Libel & Slander and Personal Injury for Oregon on
Q: Can my boyfriend defend against false pedophilic behavior claims in Oregon?

My boyfriend, who is 35, is being threatened by his ex, who is now 22, with being reported for pedophilic behavior. She lied about her age for three months using false documents and had friends support her age claims. When my boyfriend discovered her true age and tried to leave, she manipulated him... View More

Brad  Holbrook
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answered on Jul 11, 2025

It's kind of you to post this in support of your boyfriend. That said, he's 35 and was dating someone 13 years younger. While age gaps in relationships aren’t uncommon and love has no fixed limit, there is a legal age of consent. In many states and countries, that age ranges from 14 to... View More

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3 Answers | Asked in Employment Law, Workers' Compensation and Personal Injury for Oregon on
Q: Can an employee be terminated for filing a false worker's comp claim?

I work for a small company without an HR or legal department, and we have a situation where an employee claimed they were injured at home but later filed a worker's comp claim stating the injury occurred at work. They initially stated in writing and texted coworkers that the injury happened at... View More

Brad  Holbrook
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answered on Jul 7, 2025

If your question assumes the truth of the fact that the worker's compensation claim was fradulent--then, yes, in Oregon, an employee can be terminated for filing a false workers' compensation claim. However, if there is any chance that there was a valid claim? The case must be handled... View More

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3 Answers | Asked in Employment Law, Workers' Compensation and Personal Injury for Oregon on
Q: Can an employee be terminated for filing a false worker's comp claim?

I work for a small company without an HR or legal department, and we have a situation where an employee claimed they were injured at home but later filed a worker's comp claim stating the injury occurred at work. They initially stated in writing and texted coworkers that the injury happened at... View More

Spencer  Aldrich
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Spencer Aldrich
answered on Jul 8, 2025

Someone else answered from an employment law perspective, so I'll answer just to comment on the WC perspective. The WC claim (fake though it may be) still needs to be processed. The employer should involve their WC carrier ASAP. If what is alleged is true, the WC carrier will conduct an... View More

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2 Answers | Asked in Personal Injury and Civil Litigation for Oregon on
Q: Can I sue for negligence for a burn injury from faulty oven mitts in jail?

I had my probation revoked and served 45 days in jail, during which I worked as a baker in the kitchen. I burned my hand due to the oven mitts provided having large holes, which was a known danger among the staff, including the kitchen manager, who failed to replace them. Although my burn... View More

Jina Ly Clark
Jina Ly Clark
answered on Jun 30, 2025

The rules of civil procedure for those who are incarcerated present additional hurdles:

To preserve your state law claims in Oregon, proper tort claim notice must be received within 180 days. Then you have a two-year statute of limitations.

You must also exhaust all...
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4 Answers | Asked in Personal Injury and Civil Litigation for Oregon on
Q: Neighbor dropped a mattress on child causing injuries, unsure of next steps.

My 4-year-old child was playing outside when our upstairs neighbors accidentally dropped a full-size mattress on her. She has hurt her hand, arm, and head, and I am taking her to the emergency room. This has never happened before, and my boyfriend talked to the neighbors, who said they were leaving... View More

Jina Ly Clark
Jina Ly Clark
answered on Jun 29, 2025

It is only a police matter if you believe the neighbor intentionally dropped a mattress on your daughter. Otherwise, it is a civil matter. See if your neighbor has renter's insurance. If so, their insurance will cover. Your daughter is entitled to her medical bills being paid and some money... View More

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4 Answers | Asked in Personal Injury and Civil Litigation for Oregon on
Q: Neighbor dropped a mattress on child causing injuries, unsure of next steps.

My 4-year-old child was playing outside when our upstairs neighbors accidentally dropped a full-size mattress on her. She has hurt her hand, arm, and head, and I am taking her to the emergency room. This has never happened before, and my boyfriend talked to the neighbors, who said they were leaving... View More

Mason Rashtian
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answered on Jun 30, 2025

Your upstairs neighbor was negligent because they were careless in dropping a mattress without making sure the area was clear. If your neighbor owns the apartment upstairs, then their homeowner's insurance should cover your daughter's injuries, including medical bills and pain and... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for Oregon on
Q: Missed cancer diagnosis, tumor progressing rapidly, seeking advice on potential medical malpractice.

I have been a cancer patient for 11 years and was declared cancer-free after a CT scan a year ago. However, the scan actually showed a tumor which was missed by both my lung and cancer doctors. Recently, I discovered the aggressive cancer has returned and it has a very low survival rate. I have... View More

Jina Ly Clark
Jina Ly Clark
answered on Jun 29, 2025

Assuming the malpractice took place in Oregon, you have 2 years from the date of discovery to either settle or file suit. You will need to find a doctor willing to testify against the doctors who missed the diagnosis that they failed to meet the standard of care and be able to state you would have... View More

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2 Answers | Asked in Bankruptcy, Collections and Public Benefits for Oregon on
Q: Should I fight a $34,000 collections lawsuit or file bankruptcy in Oregon?

I am permanently disabled and awaiting my Railroad Retirement Board award. I have a $34,000 loan collection lawsuit pending and approximately $22,000 in credit card debt in collection. I own a home with a mortgage and a paid-off truck. Should I fight the collections lawsuit or consider filing for... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jun 23, 2025

You should fully CONSIDER a voluntary form of bankruptcy, WITH experienced bankruptcy counsel, with ALL your assets, debts and exemptions allowable under Oregon/Bankruptcy law. A voluntary bankruptcy is a major financial step and deserves that level of planning and thought.

Without full...
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2 Answers | Asked in Animal / Dog Law, Civil Litigation and Contracts for Oregon on
Q: What are my rights to keep my puppy after breaking up with my partner?

My ex-partner and I got two puppies together. We agreed that if anything were to happen between us, I would keep my puppy. I handled all the grooming and vet visits for both puppies. When we broke up, I took my puppy, and the police were present. Now, my ex-partner demands that I either pay him... View More

Jina Ly Clark
Jina Ly Clark
answered on Jun 21, 2025

If you have documentation in writing, even if it is via text, that you would get the puppy in the event of a breakup, then you have a good argument that the puppy is yours.

Options:

* You could forward the text messages showing there was an agreement you would keep your puppy to...
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2 Answers | Asked in Domestic Violence and Constitutional Law for Oregon on
Q: Conflict of interest in a domestic violence case where the prosecutor becomes the victim and files charges.

In a domestic violence case, a victim decided not to press charges; however, the prosecutor proceeded with the case and became the victim, leading to a guilty ruling by the judge. Given that Article 3, Section 2 of the U.S. Constitution states that the Supreme Court shall have jurisdiction in cases... View More

Michael J. McConnell
Michael J. McConnell pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 21, 2025

Thank you for this question. It appears from the question that this is a case where a prosecutor secured a conviction despite the victim not wishing to “press charges.” There are a few really important things to know about this type of situation.

First, in a criminal prosecution, the...
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2 Answers | Asked in Criminal Law for Oregon on
Q: Can I leave Oregon with a pending Class B misdemeanor and bail restrictions?

I have a pending Class B misdemeanor charge in Oregon, and my bail conditions state that I cannot leave the state. I would like to travel to Georgia for a week for my mother's surprise birthday party, which was planned before the charges were filed. I've had my arraignment, with the next... View More

Marcus A. Gunn
Marcus A. Gunn
answered on Jun 20, 2025

Because you do not have a lawyer yet, you could write a letter to the court indicating that you need to travel to Georgia for a pre-planned vacation. Send a copy of the letter to the prosecutor. Provide the date you are leaving, the flight information, and the date you return to Oregon. I typically... View More

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2 Answers | Asked in Estate Planning for Oregon on
Q: Requirements for a valid personal will in Oregon, including notarization and signature rules.

In Oregon, what are the requirements for a personal will to be valid? Specifically, I would like to know if the will needs to be notarized and any requirements regarding signatures.

Theressa Hollis
Theressa Hollis
answered on Jun 18, 2025

ORS 112.225 requires the testator signing a Will to be over age 18 and of "sound mind."

According to Oregon law (ORS 112.235) a valid Will must be 1) signed by the testator in the presence of two witnesses or acknowledged by the testator before two witnesses, and 2) signed by the...
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3 Answers | Asked in Car Accidents, Insurance Defense, Real Estate Law and Personal Injury for Oregon on
Q: Is it legal for a California resident to borrow and drive my Washington-registered car?

I have a car registered and insured in Washington, and a family member living in California wants to borrow it. They plan to use the car for commuting to work for a year, as they do not have a car of their own. Is it legal for my family member to drive my Washington-registered car in California?... View More

Brad  Holbrook
Brad Holbrook pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 8, 2025

There are two key considerations in this situation:

- Does failing to register the vehicle within the required timeframe in California violate the state's registration rules?

- How does this impact your contractual obligations with your insurance company?

You should...
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2 Answers | Asked in Immigration Law for Oregon on
Q: Can I file I-130 and I-485 for my sister on a tourist visa in the US?

I'm a U.S. citizen and my sister is visiting the U.S. on a tourist visa. She has filed a Form I-539 to extend her stay, and it's still processing. She has been here for eight months legally. Can I file Form I-130 for her and also submit Form I-485 for adjustment of her status?

Stephen Arnold Black
Stephen Arnold Black
answered on Jun 7, 2025

A sibling petition (Form I-130) can be filed now, but the wait time before the applicant can apply for a green card is typically 14 to 15 years. To adjust status in the U.S. later through Form I-485, the sibling must maintain lawful status for the entire waiting period. If they fall out of status,... View More

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2 Answers | Asked in Public Benefits and Estate Planning for Oregon on
Q: Will a $10,000-$11,000 inheritance affect my SSDI in Oregon?

I currently receive SSDI benefits and am expecting an inheritance valued between $10,000 and $11,000. I plan to use the money to catch up on bills and potentially repair my truck. How might this inheritance impact my SSDI benefits, and are there any specific steps I should take to ensure compliance... View More

Nina Whitehurst
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Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 29, 2025

SSDI is NOT needed based (no asset test) so it will not be affected by any inheritance.

If you were receiving SSI, which is needs based, you would need to quickly develop a strategy to spend your inheritance in such a way as to not impact your SSI.

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3 Answers | Asked in Estate Planning and Real Estate Law for Oregon on
Q: How to update will and add husband to house title in Oregon?

I have a will and a house currently in a trust. Since remarrying, I want to update my will and ensure my husband is added to the house title, as I wish for him to inherit the house when I pass. I have not consulted a legal or financial advisor yet. My three children are beneficiaries in my will,... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on May 20, 2025

First, confirm that the deed to your home is in the name of your trust. If so, then you will need to amend your trust to add your husband as a trust beneficiary. If the deed to the home is not in the name of your trust, then you should transfer ownership to your trust, and then amend the trust to... View More

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3 Answers | Asked in Estate Planning and Real Estate Law for Oregon on
Q: How to update will and add husband to house title in Oregon?

I have a will and a house currently in a trust. Since remarrying, I want to update my will and ensure my husband is added to the house title, as I wish for him to inherit the house when I pass. I have not consulted a legal or financial advisor yet. My three children are beneficiaries in my will,... View More

Theressa Hollis
Theressa Hollis
answered on May 20, 2025

When you married your Will was automatically revoked so it is very important that you consult with your estate planning attorney to update your documents. When someone has a revocable living trust they also have a Will (we call it a Pourover Will) that directs all probate assets back into the... View More

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2 Answers | Asked in Immigration Law, Social Security and Public Benefits for Oregon on
Q: How can I obtain proof of my citizenship after mother's passing?

I came to the U.S. from Thailand at the age of 5 as a refugee from the war in Burma, part of the Karen minority group. My family was granted asylum in 2008. My mother, who held all our immigration documents, passed away last year while living with my brother in Arkansas. I attended her funeral but... View More

Symantha Rhodes
Symantha Rhodes
answered on May 19, 2025

My condolences and sorry you are having this experience.

Since your family was granted asylum in 2008, and you were a minor at the time, there's a good chance you derived citizenship through your mother, If you were under 18 when your mother became a U.S. citizen. It's important...
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2 Answers | Asked in Civil Litigation, Civil Rights and Personal Injury for Oregon on
Q: Threatened on Facebook; seeking civil suit for emotional distress and lifestyle changes. Can I win, and sue for $10,000?

A woman threatened me in person, and later did so on Facebook with messages implying harm ("help me find out who this person is so I can get rid of him... I make them disappear"). Since receiving these threats, I've stopped skateboarding daily, which I used to enjoy, and have... View More

Jina Ly Clark
Jina Ly Clark
answered on May 18, 2025

If this person has threatened you more than one time, it is possible you may qualify for a stalking order.

https://www.courts.oregon.gov/forms/Documents/Stalking-PACKET.pdf

You could also file a civil lawsuit for intentional infliction of emotional distress. If you send a demand...
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2 Answers | Asked in Estate Planning, Contracts and Civil Litigation for Oregon on
Q: How to reverse unauthorized house sale by power of attorney sister?

My grandma, who lives in Arkansas, has her sister as her power of attorney. During COVID in 2020, her sister sold my grandma's house in Oregon without her permission or knowledge. The sale was made to the sister's son for their personal gain. My grandma, who is still alive, did not want... View More

Theressa Hollis
Theressa Hollis
answered on May 16, 2025

If the house sale happened five years ago it's unlikely you will be able to undo it. However, your grandmother could 1) revoke her Power of Attorney to her sister (be sure she informs sister of the revocation), 2) ask for Adult Protective Services to start an investigation into possible elder... View More

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