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Oregon Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law and Small Claims for Oregon on
Q: Hi thank you for taking the time to read my question. I have a contractor that I have started a small home project with

I had him replace widows, which started out wrong. He measured one of the windows completely wrong and we didn't discover it until they went to put it in and it didn't fit. Custom ordered mind you. He needed to fix that problem which is still incomplete from March 2019. I then, decided to let him... Read more »

Gregory L Abbott
Gregory L Abbott answered on Jul 10, 2019

You need to review everything in detail with a local attorney. Depending upon the size/dollar amount of the job, contractors are usually required to put their bids in writing and give you written notice of your rights as a homeowner and notice that if you pay the general contractor but he fails to... Read more »

1 Answer | Asked in Banking and Consumer Law for Oregon on
Q: I was asked to help a widow if I could help her receive her late husbands funds which are in a bank account in the UK.

In return if I helped her she would pay me 20% of her late husbands funds which is over 2.6 million £ or over $3 million usd. She had her attorney contact me and explained the situation and sent me legal documents and bank statement. Well 3 years later and over $13,000 usd which I've paid in... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 7, 2019

I hope your bank is able to assist you here. As a general matter, exercise caution with offers from parties you do not know who speak of sums of several million dollars, and that involve princes, heiresses, or other exotic beneficiaries. They often involve inquiries about your sensitive banking... Read more »

1 Answer | Asked in Consumer Law, Contracts and Education Law for Oregon on
Q: Can I ignore a state university that is trying to fine me if they do not have my SSN or address?

I considered attending a state university and then never followed through. I had made an email in their system and got no further. They later contacted me via this email and said that I owed them $5,700 for a room and board that I never reserved. They only have this email and my name and they do... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 1, 2019

If they know your name they can easily find out everything else they need to sue you; and they might, do that because of the large amount involved. Accordingly, I do not advise you to start ignoring them now. Your decision to appeal the fine has already pushed them far enough to continue with the... Read more »

1 Answer | Asked in Consumer Law and Collections for Oregon on
Q: Is there a statute of limitations in Oregon for an attorney to collect unpaid attorney fees from a previous client?

We thought we had settled up, left on good terms. No contact in over 6 years, only recently began submitting old bills to unmanned email address. Now in collections.

Gregory L Abbott
Gregory L Abbott answered on Feb 18, 2019

Assuming there is no Judgment against you that is trying to be collected upon, you may well have a 6 year statute of limitations, running from your last partial payment or last legitimate charge on your bill. IF it truly is past the statute of limitations, and you are being harassed by a... Read more »

1 Answer | Asked in Consumer Law, Contracts, Copyright and Products Liability for Oregon on
Q: I won an abandoned storage unit in PDX owned by a film company. Can I sell the manuscripts/ reels/ photos back to them?

The unit contained not only the manuscripts/reels/files/notes/art for most of the films they have ever produced, but I have over 20,000 personal family photos dating back to the 1920's, and original artwork of a locally famous painter related to the films studio owner.

I want to contact... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Dec 22, 2018

The items are now your personal property. Keep in mind you only have the property rights, so some items would have intellectual property rights to them (for instance copyright on the manuscript) so you just own that copy, not the rights to the films.

The one thing to keep in mind, is if you...
Read more »

1 Answer | Asked in Bankruptcy, Consumer Law and Foreclosure for Oregon on
Q: I currently own a home by Tenancy by the Entirety with my wife. Can a judgment lien be placed and foreclosed

The creditor appeared out of no where after 8 years with out any collection effort. Added in compounded interest and is in the process of trying to foreclose on my property. He received a decision that said he could sale my portion.

Timothy Denison
Timothy Denison answered on Jun 21, 2018

That is really an Oregon collections uestion rather than bankruptcy question. Consult a local attorneywho can properly advise you.

1 Answer | Asked in Consumer Law and Collections for Oregon on
Q: I got notice in the mail that I am going to be garnished, I never got served papers but they claim I did, what can I do?

How do I dispute this? I never got served papers, but when I called them they said someone answered the door and said they were me, I work during the day so I know for a fact I didn't receive any papers. So the person who "served papers" lied, cause I never got them. Do I have a legal case?

Gregory L Abbott
Gregory L Abbott answered on May 10, 2018

Likely not - if you have some adequate grounds to dispute the validity of the Writ or the amounts being garnished, then you have a time frame to oppose it in court. If you haven't filed within that time frame and the Judge believes you were not timely served with the Writ, he/she might extend your... Read more »

1 Answer | Asked in Consumer Law and Real Estate Law for Oregon on
Q: A guest of Condo A causes water to flow into Condo B. Is Condo A owner responsible for guest actions?

Condo A owner says that his guest maliciously plugged up the sink and left the water running, causing water to enter Condo B's floor and wall damages.

Condo A insurance company denies any liability stating that Owner of Condo A is not responsible for the actions of guests.

John Christopher Minor
John Christopher Minor answered on Apr 25, 2018

Depending on the declaration, bylaws and rules of the UOA, the insurance company may be right. But there is also the possibility that you might recover against the guest, or even against the owner on the theory that the owner was negligent in entrusting the unit to this particular guest (something... Read more »

1 Answer | Asked in Consumer Law and Landlord - Tenant for Oregon on
Q: I have damage and mold from a burst pipe and the landlord won't fix it or anything in the house what rights do i have?

2 years ago when we had record rains in Dec out house we rent shifted and raised the flooring in the kitchen like the beam is pushing up. my husband noticed the kitchen floor was getting wet. he looked under the sink and saw the brand new garbage disposal was leaking he was cleaning it up and... Read more »

Gregory Andrews Cade
Gregory Andrews Cade answered on Feb 22, 2018

While there is no law which clearly concerns mold exposure in rental buildings, the landlord is responsible with providing tenants with adequate living conditions under the warranty of habitability, which includes taking care of mold contamination. You should not have to pay for having this issue... Read more »

2 Answers | Asked in Contracts and Consumer Law for Oregon on
Q: If I default on a car loan in Oregon and they sell the car the amount they resold it for goes on on my principal?
Joanne Reisman
Joanne Reisman answered on Jan 24, 2018

This is a really bad idea. Car lenders will go for a fast sale which is often below what you owe on the car then they will sue you for the balance you still owe. If there is anyway you can sell the car and pay off the loan even if you just break even, that would be the better way to go. If you... Read more »

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1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Internet Law for Oregon on
Q: I get tons of email telling me I've been chosen to receive a lot of $ is there any law against it or way to stop it?

I get mail from people claiming to be upper management from various financial institutions and they claim to have anything from Western Union money transfers waiting for me if i send $50 to them first to pay for processing, to people claiming to be agents of some sort wanting to deliver trunks of... Read more »

Joanne Reisman
Joanne Reisman answered on Oct 30, 2017

Most of these scam operations, and they are scams, are based outside the United States. So while these scams undoubtedly violate more than one US Law, actually tracking down the criminals and arresting them is next to impossible.

Here is a website called "scam busters" that you should...
Read more »

2 Answers | Asked in Consumer Law, Contracts, Personal Injury and Sexual Harassment for Oregon on
Q: I was contacted on Facebook by a plasma donation center employee to try to date me using person info provided

I went in to donate and later received a Facebook message from an employee asking me out and telling me his boss would kill him when he knew. I feel totally violated and tried to be polite as I plan to frequent this center and need the money. What are my rights here? Can I sue for privacy... Read more »

Joanne Reisman
Joanne Reisman answered on Oct 16, 2017

You need to get help to change your Facebook Settings to make sure that your personal information is not visible to people you don't know. I am not an expert on privacy laws so whether or not you have a lawsuit I can't tell you. Generally speaking you need to prove economic damages to have a... Read more »

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1 Answer | Asked in Consumer Law, Real Estate Law, Civil Rights and Landlord - Tenant for Oregon on
Q: Is it possible to draw up a rental agreement/lease that forfeits squatter's rights / bypass the wait time to evict?
Gregory L Abbott
Gregory L Abbott answered on Sep 3, 2017

No, you would still need to go through all the statutory requirements, obtain a court Order, etc. Any provisions to the contrary in a lease or other agreement would simply be unenforceable at best and possibily render the landlord liable for damages if he/she knowingly put unlawful provisions in... Read more »

1 Answer | Asked in Civil Litigation, Small Claims and Consumer Law for Oregon on
Q: What can I do if I have title, registration,tags and current insurance on a truck but somebody has had the truck for 3yr

And has only done 6months work on it and has been paid $5500 and my dad recently past away and this guys wont give my dads truck back. What can i do about this. The truck is not his and hes being real rude since my dad has dies and my mom had all info and stuff for that truck

Gregory L Abbott
Gregory L Abbott answered on Aug 31, 2017

If this fellow is still owed money for work he has performed on the truck, then he has a mechanic's lien on the truck and can keep it as collateral until he is paid in full. Then he has to release it, but technically only to the Personal Representative or Claiming Affiant of your father's estate -... Read more »

1 Answer | Asked in Business Law and Consumer Law for Oregon on
Q: My mortgage company pulled out our payment two weeks early. Which has wiped out my bank account. What do I do?
Joanne Reisman
Joanne Reisman answered on Aug 16, 2017

Talk to your bank and do damage control. Talk to your lender and find out why they didn't what they did. I would stop autopay so this can't happen anymore if that is an option. Talk to anyone that you needed to pay and can't and explain the situation. Most creditors are nice if you ask nicely... Read more »

2 Answers | Asked in Civil Litigation, Contracts and Consumer Law for Oregon on
Q: I submitted currency to Heritage Dallas to sell for me. They did not handle my coll. as it was presented to me.Recourse?

I was told collection would be evaluated (each piece as I had over 9,000) graded, and put to auction. This was not the case. They were lazy and sold by collection by geographical area in 8 different lots. Sold for less than 4k. Was told would fetch up to 10-12k. They misrepresented the process... Read more »

Joanne Reisman
Joanne Reisman answered on Jul 15, 2017

There is probably some type of agreement you signed, either a paper agreement or an online agreement. You will need to take this agreement and copies of all documents showing what Heritage promised they would do in terms of selling your collection and go to an attorney to get your case evaluated.... Read more »

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2 Answers | Asked in Probate and Consumer Law for Oregon on
Q: Am I liable to creditors if I received my sister's life insurance policy
Joanne Reisman
Joanne Reisman answered on Jul 10, 2017

Probably not - the life insurance was paid to you pursuant to a contract your sister had with the life insurance company. However since the proceeds were never actually payable to your sister while she was alive and the policy I assume named you as her beneficiary, and did not say it was payble to... Read more »

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2 Answers | Asked in Estate Planning, Family Law and Consumer Law for Oregon on
Q: I want to donate my car. My deceased grandmother is listed second on the title since she cosigned. What do I do?

There is no survivorship on the title. I am not the executor of her estate. There was only one executor. She died in 2012 and this car was not part of her will/estate. The donation company tells me all I need is to give them a notarized inheritance affidavit and have a death certificate, but DMV... Read more »

Vincent J. Bernabei
Vincent J. Bernabei answered on Jun 6, 2017

You should give the car title with your signature on it, your grandmother's death certificate, and the DMV affidavit of heirship to the company you want to donate the car to. The affidavit of heirship should be signed by the beneficiary of your grandmother's estate. You can get the DMV affidavit... Read more »

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1 Answer | Asked in Consumer Law, Contracts and Criminal Law for Oregon on
Q: if a person executes a note and trust deed in favor of a non-existent company styled a a "lender", is that fraud?

Details: the "lender" did not exist; it also falsely claimed to be a New York corporation.

Joanne Reisman
Joanne Reisman answered on May 20, 2017

This doesn't make sense. If party "A" gave money to party "B" in exchange for a promisory note there is a secured transaction. If you are saying that the documents listed party "A" as a New York Corporation that didn't exist, the fact remains that there were two parties with the intent to do a... Read more »

1 Answer | Asked in Consumer Law, Contracts and Family Law for Oregon on
Q: Not divorced but wife wants car I bought for her. Car in my name. Is she entitled to it as transportation or should I
Joanne Reisman
Joanne Reisman answered on May 12, 2017

There is just no way to answer that question with such limited information. When you go through the divorce process the court will evaluate all the property acquired during the marriage (and that includes property you had before the marriage to the extent that the value increased during the... Read more »

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