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Oregon Consumer Law Questions & Answers
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... View 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... View 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... View 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... View 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... View 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... View 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...
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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... View 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... View 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... View 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... View 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... View 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... View 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.... View 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... View 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... View 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... View 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... View 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... View More

1 Answer | Asked in Car Accidents, Consumer Law and Small Claims for Oregon on
Q: I took my vehicle to a body shop to get fixed and the shop I took it too did not fix my car.

So I took my car to another shop to have the repair work done. The first shop charged me a fee for me to take my car out of their shop. I feel this is wrong. I need to know if I have a mall claims case against the first body shop

Jina Ly Clark
Jina Ly Clark
answered on May 4, 2017

I would need some follow up information in order to answer this question. Did you have a written or verbal contract with the original body shop? Was there an agreement of a time period to fix your car? Did they do any diagnostic work that was contracted for. What is the body shop's... View More

2 Answers | Asked in Bankruptcy, Consumer Law and Collections for Oregon on
Q: I have received a summons for a debt that I am responsible for. I am not sure what I need to do?

What do I do once I receive the summons? Do I need a lawyer? I want to take care of this debt and pay the balance that I owe. But I do not want my wages garnished. What can I do?

Joanne Reisman
Joanne Reisman
answered on May 4, 2017

I would contact a lawyer, preferably one that deals with bankruptcy and debt issues. I know you want to take care of this debt but before you do pay it, you might want to know if bankruptcy is a better option which it might be if you have a lot of other debts. I see people struggle to pay one debt... View More

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1 Answer | Asked in Contracts, Consumer Law and Lemon Law for Oregon on
Q: I purchased a used car and they didnt undisclose issues can i sue them?

I purchased a car from a used dealership bought the car and drove home the next day my car stalled on the highway on me almost causing a accident also the day I purchased the vehicle that night I asked the dealer why the headlights were so dim he said its the bulbs but apparently they were broken... View More

Joanne Reisman
Joanne Reisman
answered on Mar 30, 2017

This isn't my area of expertise so you will probably need to still look for an attorney that specializes in used car purchase issues. What I can tell you is that the buyer usually has the responsibility to completely inspect a used car before purchasing. It is wise to call in a professional... View More

1 Answer | Asked in Consumer Law, Business Law, Landlord - Tenant and Small Claims for Oregon on
Q: What are my options if a storage facility failed to give me notice of intent to sell my property?

I had a storage facility that was on auto payment. When my debit card was lost and changed, the payment no longer went through without me realizing it. I did not receive any notice from the storage facility, either by mail or email, that they were selling my property. I received only one notice of... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 25, 2017

I'm not in my office, so I can't look up the statutes, but there are a few on the books that should allow you to go after the storage place. If I recall correctly, there are certain procedures that need to be followed before they can sell your items. An attorney can review those and your... View More

1 Answer | Asked in Consumer Law and Landlord - Tenant for Oregon on
Q: Oregon-rent is paid for 30 days along with a notice to vacate at the end of the 30 days. I've moved earlier than the 30

Can the landlord rent the unit to a new renter before my paid for 30 days is up?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 9, 2017

If you have surrendered possession of the unit, they can rent it out and a new occupant can move in.

1 Answer | Asked in Consumer Law and Contracts for Oregon on
Q: I rented vacation home in Sunriver, OR for 3 nights. We did damage to the back deck - burned 1/3 of two 2x6 wood pieces.

I reported damage to the company immediately. I got pictures of damage and I showed them to professionals. They said it will cost $300 to return to original condition. The max $500. Company with whom I rent house, saying it cost $2000. Do they have legal right to make me to pay this amount or I can... View More

Joanne Reisman
Joanne Reisman
answered on Jan 23, 2017

If you have homeowners insurance, turn it over to them. They should defend you even though you were traveling at the time. You are only responsible for the reasonable cost of repair. The problem is you may have to prove what is reasonable. You would need to have your own expert give an estimate... View More

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