Oregon Recent Legal Answers from Lawyers

Your question, requires clarification and a detailed consultation with a family law specialist. You will always be able to find and hire a new attorney. Feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com as we do also offer reduced price services for PRO SE people who can't afford an attorney or would like to represent themselves in court.... Read More

You can sue him for the breach of contract, but you may have a hard time since $100 interest for 2 months on a principal of $350 is about 170% annually, which is clearly usurious.  From what you've written, I see no basis to sue his wife, or to attach any vehicle, let alone one he does not own alone.  Absent a contract that specifically allows you to do so, you generally can't attach any assets until and unless you obtain a judgement on your claim  from the Court.... Read More

What does your contract say?  Does it provide that they must provide you with a unit that stacks securely with your dryer?  Does it have a provision for what happens if an identical unit is not available?  It is not a question of "shouldn't", it is a question of what the contract provides.... Read More

Hey Joseph, the Guardian ad litem, the court orders one to represent the best interest of the child. However, the payment for the Guardian ad litem is divided and split into two by both parties. The court took your son from you and he does not want to live with her. Just because she is a woman, the ball is in her court and fathers are left to find a competent and aggressive attorney that specializes in fathers rights like we do. Please keep in mind that not all lawyers are the same, therefore be very cautious as to which attorney or law firm you chose to work with. We are based in New York but my network of SMS ATTORNEYS does travel out of state for clients. If you would like to retain our services while on a limited budget, do let us know and we will try to do our best to offer payment plans option. Feel free to give us a call for a free consultation. Ahsan Syed answer and comments to questions are for general purposes only and do not constitute legal advice or establish an attorney-client relationship with SMS ATTORNEYS without a signed retainer. Thank You. Toll-Free 1-877-866-8665 // Child Custody Lawyer in OR.... Read More

If your lawyer really gave you that advice, he is an idiot. On the other hand, why are you commingling funds? Just keep Student loan money in one account and SS money in another account and any other money you might receive in a third account. Then you don't have to go through the hassle of tracing the money to prove it was not originally from some other source.... Read More

You can't charge the lender storage fees on your vehicle. When you buy a vehicle subject to a loan, you're the owner and the lender has the RIGHT to repossess the vehicle if you don't pay the loan. However, the lender has no OBLIGATION to repossess it. As the owner, you're responsible for all the expenses of the vehicle. Since you don't want the vehicle and the lender hasn't repossessed it. You can file with the bankruptcy court to require the lender to either (1) repossess it or (2) remove their lien and give you good title. After you get good title you can sell or junk the vehicle.... Read More

Veterans' benefits are exempt in bankruptcy. This means that your husband's veterans' benefits can't be seized by the trustee or his creditors. Neither the current payments nor any back pay. In Ohio, even bank accounts containing funds from the veterans' benefits are exempt although it can be challenging to prove how much of the money is veterans' benefits and how much comes from non-exempt sources.... Read More

Tricky question. Is the medical lien for health care provided to your mother? Then yes, the lien can be removed in bankruptcy as long as your equity in the house doesn't exceed $132,000. If the medical lien is for health care provided to you are a dependent, then no, it can't be removed in bankruptcy.... Read More

They probably can, although there may be terms in the trust agreement that would make it problematic. The trustees have to consider all your mother's debts, make sure her taxes are paid, and tie up many loose ends before their job is done. If they are following a statutory procedure regarding creditors it will take at least four months. Haste makes waste.... Read More

The answer to this question depends on the language of the deed to the property. If your mother and your step-father had taken title to the property as ?husband and wife as tenants by the entirety, when your mother died your step-father became the sole owner of the property with no right of inheritance to you and/or your brother. If, on the other hand, they had taken title to the property as tenants in common, your step-father would be entitled to one-half the net proceeds of the sale and you and your brother would be entitled to inherit your mother's share, assuming she provided for that in her will. If she had no will when she passed, or if she did have a will but made no bequest to you and/or your brother, you need to talk with a lawyer about the process of filing a probate action to perfect your interests in the property.... Read More

Maybe; very likely not. Most married couples in Oregon hold real property as "tenants by the entirety." This is a survivorship estate when one owner passes away, the other owner owns the whole of the property by operation of law. Check the deed by which your mother and step-father owned the property. Actually, too, if he's able to sell the house without probating your mother's estate, then it's almost certain they owned the house as tenants by the entirety.... Read More

Father should file a Motion for Order to Show Cause for Modification of Custody, Parenting Time and Child Support based on mother?s apparent intent to bar him from any contact with his child. At the hearing, the Court would most likely receive testimony from the 16-year-old and seriously question the mother?s reasons for wanting to remove the child from any contact with the father. Father should consult with counsel on this issue ASAP.... Read More

The answer to that question depends upon the reason your son's father would want to prohibit your boyfriend from being around your son. If your boyfriend has any history of child abuse or domestic violence, the court would probably agree with the prohibition. You need to consult with an attorney before you agree to sole custody to the child's father; the best approach would be to include some specific provisions in the custody agreement that preserves your ability to have your boyfriend around when the child is with you. If there is no agreement, the matter can be referred to mediation or even a court hearing to get a decision.... Read More