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Oregon Questions & Answers
1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Oregon on
Q: Can someone enter into a contract regarding certain activities being done on my property without my knowledge.

I own 20 acres and I am the sole owner of it. I am married but my husband is not on the deed. Our neighbors obtained stalking orders against him regarding his shooting on my property. I was pregnant at the time and he didn't want me to stress in fear of losing the baby so he didn't tell... Read more »

James L. Arrasmith
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answered on May 24, 2023

In most cases, a contract requires the consent of all parties involved. If your husband entered into a contract regarding activities on your property without your knowledge or consent, it may raise questions about the validity and enforceability of that contract. However, legal matters can be... Read more »

2 Answers | Asked in Personal Injury for Oregon on
Q: How long do I have to file a personal injury claim?

Walking in neighborhood and caught the toe of my shoe on a piece of sidewalk that has raised up. Broken wrist and surgery followed. This was 3/21/23.

Brad  Holbrook
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answered on May 23, 2023

Most claims for negligence in Oregon must be filed within two (2) years of the accident. So, you should file the complaint in court by 3/21/2025; however, you would want to resolve this claim much sooner. You also should consult with a lawyer about your rights and options. If this matter involves... Read more »

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1 Answer | Asked in Traffic Tickets, Civil Rights and Constitutional Law for Oregon on
Q: If you are found guilty but were never given notice or documention. Can it be dismissed for violation due process rights

I did a trial by declaration for a traffic citation in 2022 based off the court rules I was under the impression and was told if I was found guilty I would receive the notice by us mail no later then 2 weeks. I received in my mailbox just last week an order for me to appear by phone to a show cause... Read more »

Maurice Mandel II
Maurice Mandel II
answered on May 22, 2023

Courts process a lot of traffic tickets, but no need to treat defendants gruffly. Obviously, you have stepped afoul of the Court rules regarding processing your ticket. Today most traffic tickets carry with them penalty assessments and court fees so a fine of $100 can easily reach $500. Courts... Read more »

1 Answer | Asked in Traffic Tickets for Oregon on
Q: Ticket for dark tint on my vehicle that was a fleet veh I purch from dealership.my Dr wrote letter to judge asking for

Me too please keep my tint due to my anxiety disorder. The tint has been a tremendous help to me and no longer need 60 pills/mo (for many years) to leave the house. My issue is that the court is asking for me to send any evidence in by a certain date for a trial without appearing and the decision... Read more »

Maurice Mandel II
Maurice Mandel II
answered on May 22, 2023

Sorry to hear about your situation. Usually the Court makes an exception to the tinted window law if you have a visual impairment that requires additional tinting. But if you have a legitimate medical need you may be able to convince the court to dismiss. An alternative is to plead guilty and pay... Read more »

1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Domestic Violence for Oregon on
Q: my mom is recording me the videos are me telling her I don't like it she says she will send them to people is that legal

my mom is constaltly recording me and threatening to send them to people that would include the police and the videos arent even bad it just me telling her I don't like what she is doing and after she hurt me and I have a scar from it she got a video of my crying and she says she will send... Read more »

Todd B. Kotler
Todd B. Kotler
answered on May 22, 2023

Assuming you are clothed during these videos and are not otherwise involved in illegal activities, they are legal. Your mother is within her rights to record a conversation between the two of you. Oregon law is more murky as to whether she can record you when she is not part of the conversation.... Read more »

1 Answer | Asked in Contracts and Small Claims for Oregon on
Q: Does he have any legal grounds? Will he win?

I sold a used truck as is(says as is on the bill of sale.) he is now saying he took it to a mechanic a few days later and it had an engine misfire and now he wants to sue for his money back. I was unaware of the problem. I don’t know what to do next. Is this something he will win?

Gregory L Abbott
Gregory L Abbott
answered on May 20, 2023

It is unclear why the buyer thinks they are entitled to a refund and lots depends on exactly what was said before the sale and\or details but As Is means As Is and anything could have happened to the vehicle in the few days between purchase and inspection. Bottom line is buyer should have had... Read more »

3 Answers | Asked in Car Accidents and Insurance Defense for Oregon on
Q: My husband was killed in a car accident deemed his fault. Other driver is suing my insurance company and maybe me

personally. What kind of attorney do I need to talk to about this? I was not involved in the accident at all.

Mark A. Siesel
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answered on May 15, 2023

If the car was not owned by you and you did not give your late husband permission to operate the vehicle, I see no basis for liability against you personally for this crash. If you are sued, and the auto liability insurance company does not provide a defense to you, you can retain your own private... Read more »

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3 Answers | Asked in Car Accidents and Insurance Defense for Oregon on
Q: My husband was killed in a car accident deemed his fault. Other driver is suing my insurance company and maybe me

personally. What kind of attorney do I need to talk to about this? I was not involved in the accident at all.

Brad  Holbrook
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answered on May 17, 2023

First, please let me offer my condelances on your loss. I realize that this makes it much more difficult to handle these "legal" matters associated with your husband's passing. You will need likely to need to consider how to protect yourself. Your question deals with a claim agaisnt... Read more »

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3 Answers | Asked in Car Accidents and Personal Injury for Oregon on
Q: Do I have options? my spouse was driving and crashed involving just our vehicle. I broke my back can i be compensated.
Vincent J. Bernabei
Vincent J. Bernabei
answered on May 9, 2023

In General:

A common scenario arises when the injured person is a passenger who brings a negligence claim against the driver of the same vehicle. The driver and passenger may be insured against liability under the same policy, either because they are members of the same household or because...
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1 Answer | Asked in Car Accidents and Contracts for Oregon on
Q: Can insurance companies ask you for your rental lease during a claims investigation? I live in Oregon by the way.

There was an accident, and I think they are trying to determine where I Lived at the time of the accident. I already told them my living situation at the time.

Tim Akpinar
Tim Akpinar
answered on May 2, 2023

An Oregon attorney could advise best, but your question remains open for a week. Until you're able to check with a local attorney on specific Oregon laws, the general rule nationwide is that insurance carriers can make reasonable requests for information necessary to verify the validity of a... Read more »

1 Answer | Asked in Probate for Oregon on
Q: Do I need to honor a writ of garnishment during probate in Oregon if I received the writ after the statue of limitations

Is a writ treated the same as a claim during the probate process that can be denied based on statue of limitations? I am the affiant/claiming successor in a small estate where I filed probate in January. State of Oregon sent me a writ to garnish money (any inheritance) for an heir listed in the... Read more »

Theressa Hollis
Theressa Hollis
answered on May 1, 2023

Is the garnishment for one of the probate devisees/heirs? If the answer is "Yes" and you hold money for this person then I think you have to abide by the garnishment. You don't deny a garnishment. If you no longer hold money for this person then you can answer the garnisher with... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My bf & I moved in dolx approx 9 yrs ago. Now that bf moved out. They tx me to give key n empty by5/1 Why do I need move

BF bosses wife's family owns these. We never have had a rental agreement. Why do my Grandson n I need to move? Why in 4 days? There's no way possible for me to get to stay? I didn't give my notice. They try n say they rented to the Bf. But we both have lived here from day one without... Read more »

Gregory L Abbott
Gregory L Abbott
answered on Apr 29, 2023

First, you have indeed had a rental agreement but it may have only been verbal, which makes it difficult for either side to prove the exact terms. If BF moved out voluntarily, his exit likely terminated the tenancy for both of you. If, however, he left due to domestic violence, you may be entitled... Read more »

2 Answers | Asked in Car Accidents and Personal Injury for Oregon on
Q: My wife was hit while driving her car, after the other driver failed to yield right of way at his stop sign.

Their insurance co wants to pay us an amount far less than comparable autos we can find anywhere. My own co has offered even less. Their offers are 2K less than any comparable. Should we pursue the “appraisal clause” option, or hire our own lawyer? There is a medical claim for injuries incurred... Read more »

Jennie Lynn Clark
Jennie Lynn Clark
answered on Apr 28, 2023

If you settle with the at-fault party for the contested vehicle amount and sign a release, you will most likely preclude any settlement or award for the injury settlement. You can accept the uncontested amount offered provided you do not have to sign a release. If you think you are being... Read more »

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2 Answers | Asked in Car Accidents and Personal Injury for Oregon on
Q: My wife was hit while driving her car, after the other driver failed to yield right of way at his stop sign.

Their insurance co wants to pay us an amount far less than comparable autos we can find anywhere. My own co has offered even less. Their offers are 2K less than any comparable. Should we pursue the “appraisal clause” option, or hire our own lawyer? There is a medical claim for injuries incurred... Read more »

Brad  Holbrook
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answered on Apr 29, 2023

The insurnace company is required to compensate you for the fair market value of the car as it crashed. They are not required to restore you to the place you were before--it would probably be impossible to do--as every car is different and there's no telling if your car was in much better... Read more »

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My landlord gave me a 24-hour notice of entry but they came in before the 24 hours. the two people who entered said

"you should have received a notice". The notice was for the next day. When I spoke to the landlord he said there was an emergency. I think this is a lie. Is there anything I can do?

Gregory L Abbott
Gregory L Abbott
answered on Apr 25, 2023

If he is going to claim an emergency, he has to notify you in writing within 24 hrs that he came in, when, and what the emergency was. If he did not, you likely have a claim against him, probably worth a month's rent plus court costs and attorney's fees. If you think you have a claim,... Read more »

1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: Need attorney for two llc, in OR and CA setting trust to avoid probateDo I need attorney licensed in both state?

Currently one sole llc operated in Portland Or

Another LLC operated in LB Ca as Oregon based foreign status

Need set up trust to own both.

Need to change LB CA from OR foreign Llc operations in CA to CA Llc

To avoid probate

Do I need an attorney licensed for... Read more »

Karn Thapar
Karn Thapar
answered on Apr 24, 2023

If you are residing in California, then you should be fine with just a California licensed attorney. Each of the membership interests of your LLCs will be assets that will be held in the name of your trust. Although it may be preferable to find an attorney licensed in both states in case novel... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I received a 10-day notice to pay or vacate for nonpayment of rent. What do i do?

We are not on a contract or lease; we are month to month. We have paid and fixed all involved with the home for almost 8 years the Landlord has not maintained the home we have which is fine for minor things but we had to pay for people to come out to look under our home for rats and they fixed the... Read more »

Gregory L Abbott
Gregory L Abbott
answered on Apr 22, 2023

The question is not whether you can afford it (though that obviously is the bottom line) but what do you owe? If you really do owe $3600 or more, and cannot work out a payment plan with the landlord, he can proceed to try to evict you for non-payment. His 10 day notice must be legally compliant... Read more »

1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: Is it legal for a conservator to have there name added to the conservatees bank account and upon conservatees death the

There was ,$90000.00 in my mother's bank account when she died but my sister the conservator had her name added to my mom's account and upon her death it was reported that that money doesn't belong to the estate it belongs to my sister how is that possible

Theressa Hollis
Theressa Hollis
answered on Apr 17, 2023

Having your name on someone's bank account as their Conservator does not give the money in that account to the Conservator at the person's death. Is it possible that your mother named your sister as "Payable On Death" on that account before she became financially incapable... Read more »

1 Answer | Asked in Appeals / Appellate Law, Business Law and Gov & Administrative Law for Oregon on
Q: The state of Oregon suspended my personal commercial fishing license.my boat license and my commercial limited entry cra

Crab permit.now I can't even work my own business. Have someone else run my business,or get a job in my industry.bills are piling up.i state won't allow me unemployment or any assistance. I'm about to loose my family business of 51 years

Tim Akpinar
Tim Akpinar
answered on Apr 8, 2023

Your question might be beyond the scope of this Q & A forum - that could be why it remained open for three weeks. I'm sorry for your difficult position with the loss of the license. This is a very narrow area of law; there are attorneys out there who handle commercial fishing license... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: I'm a landlord. I own four rental units on single property. Tenant in one unit here since Jan 1 2023.

Lease is fixed-term (one year). I want to move into unit. Is that possible? What is required by me? Thank you.

Gregory L Abbott
Gregory L Abbott
answered on Apr 3, 2023

You have no right to terminate a fixed term lease before the lease termination date unless it is for cause. It is, after all, the whole point of a fixed term - both sides are assured of maintaining the situation for the length of the lease. If they are willing to voluntarily move, that is... Read more »

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