Oregon Recent Legal Answers from Lawyers

Want a good answer? Ask a thorough question starting with "Who, What, When, How, Will I or Do I".
Then, add details. This will help you get a quicker and better answer.
Question field is required
Explanation field is required
A valid US zip code is required Validating the Zip Code.
Question type field is required
Question type field is required
1
Ask a Question

2
Details

3
Submit
1
Ask a Question

2
Submit
Fullname is required
A valid email address is required.
Receive a follow-up from lawyers after your question is answered
A valid phone number is required
Select the best time for you to receive a follow-up call from a lawyer after your question is answered. (Required field)
to
Invalid Time

*Required fields

Question
Description
By submitting your question, you understand and agree to the Terms and Conditions and Privacy Policy for use of the site. Do not include any personal information including name, email or other identifying details in your question or question details. An attorney-client relationship is not being established and you are not a prospective client of any attorney who responds to your question. No question, answer, or discussion of any kind facilitated on this site is confidential or legal advice. Questions answered are randomly selected based on general consumer interest and not all are addressed. Questions may display online and be archived by Martindale-Hubbell.
233 legal questions have been posted about by real users in Oregon. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. All topics and other states can be accessed in the dropdowns below.
In some states you can if they knewingly overserved you but generally no. You should speak to an attorney in your area.
In some states you can if they knewingly overserved you but generally no. You should speak to an attorney in your area.

What is the punishment for shoplifting?

Answered 9 years ago by Joshua Ussama Aldabbagh (Unclaimed Profile)   |   45 Answers   |  Legal Topics: Criminal Law
You could be convicted of larceny, a misdemeanor, and be forced to pay a fine and/or do community service, pay restitution to the store, attend classes, etc. You should speak to an attorney, who may be able to help you avoid a conviction.
You could be convicted of larceny, a misdemeanor, and be forced to pay a fine and/or do community service, pay restitution to the store, attend... Read More

I received a summons about a past due credit card, what do I do now?

Answered 9 years ago by Shawn Regis Jackson (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Bankruptcy
Yes, you will want to hire an attorney in your area to respond to the summons and develop a strategy to resolve this issue.
Yes, you will want to hire an attorney in your area to respond to the summons and develop a strategy to resolve this issue.
Yes.  The general rule is that "Class C Felonies" can be set aside, and Theft I is a Class C Felony.  Since you don't have any criminal convictions since 1986, you would be eligible.
Yes.  The general rule is that "Class C Felonies" can be set aside, and Theft I is a Class C Felony.  Since you don't have any... Read More
I have never heard of a lender cancelling a vehicle registration, but the state will do this if you fail to maintain vehicle insurance or to pay the renewal fee.
I have never heard of a lender cancelling a vehicle registration, but the state will do this if you fail to maintain vehicle insurance or to pay the... Read More
Registration is issued by the state and the loan company doesn't have anything to do with it. As long as the vehicle's title is in your name, you're allowed to register it and buy license plates.
Registration is issued by the state and the loan company doesn't have anything to do with it. As long as the vehicle's title is in your name, you're... Read More
Yes. Presumably you did not renew the registration, and the lender certainly would not want to do so. Why not send them a certified letter, return receipt requested, telling them that you surrender the car to them, and you will charge them for storage if they don't come pick it up within, say, two weeks?... Read More
Yes. Presumably you did not renew the registration, and the lender certainly would not want to do so. Why not send them a certified letter, return... Read More
Not generally. Hard to give you a specific answer without looking at your BK schedules. It's like calling a doctor on the phone who you've never met, asking about an Xray or an MRI. If you want to be sure, ask your attorney for clarification.
Not generally. Hard to give you a specific answer without looking at your BK schedules. It's like calling a doctor on the phone who you've never met,... Read More

If I have a travel trailer included in my chapter 13, I have someone wanting to buy it from the lender or trustee, is this legal?

Answered 9 years ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
Your question is a mite confusing. You say 'if' you have a trailer, you have someone wanting to buy it. Assuming that you did not mean to make the question conditional, you certainly can participate in a sale so long as the Trustee and the secured creditor consent. You will want to be certain that the secured creditor amends its Proof of Claim, to reflect the partially paid portion of the secured claim.... Read More
Your question is a mite confusing. You say 'if' you have a trailer, you have someone wanting to buy it. Assuming that you did not mean to make the... Read More
Yes, but they probably would not be successful as the car would be treated in most cases as belonging just to your son when you die and not to your estate.  There are exceptions, such as loans on the car or your transferring funds to your son specifically to avoid a debt.  
Yes, but they probably would not be successful as the car would be treated in most cases as belonging just to your son when you die and not to your... Read More

Do I automatically have rights to custody on a child I've never met?

Answered 9 years ago by Helene Ellenbogen (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
You haven't established your right to the child and need to do so in the court in the state in which the child lives. Unless the mother put your name on the birth certificate, you will have to file a parentage action and have a DNA test to prove/disprove if you are the father. After there is clear evidence that you are the father, the court can move toward establishing a parenting plan of some kind. Since you don't know the child at all, it will likely start with supervised visitation until the child gets to know you. If you have concerns re the child's current living arrangements, call CPS in the State in which the child lives.... Read More
You haven't established your right to the child and need to do so in the court in the state in which the child lives. Unless the mother put your name... Read More

Do I automatically have rights to custody on a child I've never met?

Answered 9 years ago by Donald E Oliver (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
Yes, you would have parental rights if you can prove that you are the natural father of the child. If you are on the birth certificate, you should win. Once you have some proof that you are the father, you need to hire a lawyer in the state where he lives and get some advice from that lawyer about how to proceed (I cannot advise you as to any state other than Oregon where I am licensed). However, it would probably be in the child?s best interest to contact the child protective services office in the city where the child lives and get them to do a welfare check. If they see that the child is in a hazardous environment, they may take the child into protective custody. At that point you should be able to file a petition for custody that would allow you to return the child to your home.... Read More
Yes, you would have parental rights if you can prove that you are the natural father of the child. If you are on the birth certificate, you should... Read More

Can creditors attach my bank account which has my Social Security payments?

Answered 9 years ago by Dorothy G. Bunce (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Bankruptcy
The answer to most legal questions is IT DEPENDS. If any money goes into the account other than social security, the protection that the account might otherwise enjoy can be destroyed by a deposit of $20 from bingo winnings or a birthday gift. If the social security does not go into the account from a direct deposit, the bank may not be aware that the account is eligible for protection. And some banks would rather not work to protect your legal rights and make you fight this battle with the creditor. So you may want to start by talking with your bank manager about bank policies.... Read More
The answer to most legal questions is IT DEPENDS. If any money goes into the account other than social security, the protection that the account... Read More
In Oregon, up to $7,500 of your Social Security money in a bank account is protected from the claims of creditors, as long as you can identify that money and it is not co-mingled with other sources of money.
In Oregon, up to $7,500 of your Social Security money in a bank account is protected from the claims of creditors, as long as you can identify that... Read More

How long do you have to wait to remarry after your divorce trial?

Answered 9 years and a month ago by Donald E Oliver (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
The quick answer is that you can re-marry at any time after the formal entry date of the Judgment for Dissolution of Marriage. On a deeper level, it would be a good idea to hold off on getting re-married for at least a year or so get beyond the personal and emotional consequences of the now-ended marriage. This would be especially important if you have children by the first marriage because the kids are going to have some issues dealing with a new marital partner for either their Mom or their Dad.... Read More
The quick answer is that you can re-marry at any time after the formal entry date of the Judgment for Dissolution of Marriage. On a deeper level, it... Read More

What can I do if I find out that my son's girlfriend is smoking weed while pregnant?

Answered 9 years and a month ago by Donald E Oliver (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Talk to a doctor to find out if there is any documented possibility that she or the baby might have medical issues before or after birth from the amount she is eating or smoking. If there is a documented health issue, make sure she gets that information.
Talk to a doctor to find out if there is any documented possibility that she or the baby might have medical issues before or after birth from the... Read More

Can I file chapter 7 on those medical bills?

Answered 9 years and a month ago by Richard N. Gonzales (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Bankruptcy
Yes.
Yes.

Canโ€™t I stick with the amount that she originally told me under the court?

Answered 9 years and a month ago by Dorothy G. Bunce (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Bankruptcy
So are you thinking that your attorney just increased the size of your plan payment because she is being an awful person? Because generally there is one of two reasons why the trustee would demand more money ? 1 ? because the debts you must pay in order for your plan to pay them off came in at a higher amount than you estimated and 2 ? because the expenses you claimed you had to offset your income were not reasonable or you were not able to prove they actually existed.... Read More
So are you thinking that your attorney just increased the size of your plan payment because she is being an awful person? Because generally there is... Read More

Extension of B1/B2 visa

Answered 9 years and a month ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
It may be possible for you to obtain a B-1 extension or B-1 change of status for the purpose of completing the arrangements for making an investment in the US which would make you eligible for E-2 Treaty investor status. You would generally have to inform U.S.C.I.S. of the progress of your investment and when you can be expected to perfect the investment. In addition, you would have to show evidence of intent to leave the country once your arrangements are concluded.  Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read More
It may be possible for you to obtain a B-1 extension or B-1 change of status for the purpose of completing the arrangements for making an investment... Read More
Good question. You are probably aware of Judicial Watch's suit against the city of San Francisco on behalf of taxpayers to prevent the city from using taxpayer funds to implement sanctuary policies for the undocumented. As you may also be aware, San Francisco has also filed its own lawsuit in which it is asking for its sanctuary policy to be declared legal. The litigation is ongoing, and so as I said initially, good question – but there is no resolution. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read More
Good question. You are probably aware of Judicial Watch's suit against the city of San Francisco on behalf of taxpayers to prevent the city from... Read More

Can I file for bankruptcy if I have no income to report and have not worked in the past 5 years?

Answered 9 years and a month ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Bankruptcy
You could file under Chapter 7. But why bother? Under your circumstances you are probably 'judgment proof' and it is possible that the statutes of limitation have passed on many of your debts. A consultation with a good bankruptcy lawyer seems like it's the next step
You could file under Chapter 7. But why bother? Under your circumstances you are probably 'judgment proof' and it is possible that the statutes of... Read More

What can be done if I want to give the car back but my attorney told me that I have to file a chapter 7 now?

Answered 9 years and a month ago by Ronald Karl Nims (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
It's always your choice whether to file a bankruptcy. In a Chapter 7 any liability you have for a car you give back would be eliminated.
It's always your choice whether to file a bankruptcy. In a Chapter 7 any liability you have for a car you give back would be eliminated.
You can sue the dealership for its negligence, and attempt to prove that your damages exceed the amount they claim (damages may include not only the value of the car, but other things, such as money you spent on a rental car to meet your transportation needs).  Before doing so, however, you should take a look at your service contract with the dealership and make sure there is no provision in it which limits the dealership's liability in the event of such an accident.... Read More
You can sue the dealership for its negligence, and attempt to prove that your damages exceed the amount they claim (damages may include not only the... Read More

Revocable Trust adherence

Answered 9 years and 2 months ago by Maryellen Sullivan (Unclaimed Profile)   |   1 Answer
I'm assuming here that a probate court in Oregon appointed the executor of your father's estate.  You can file a petition in that same court to have the executor removed.  You will have to include details of his wrongdoing in your petition and prove it in court if there is a hearing.  He may decide to resign instead.  As an alternative, you could file a petition with the court asking the court to supervise his actions or compel him to take a certain action if your father's Will requires it and he has not done so.   You also mention a trust.  Trusts are administered by trustees.  If this person is the trustee of a trust, he can be removed as well.  First, look at the language in the trust document itself to see if there is a provision about removing a trustee.  If so, take those steps.  If not, you would have to petition the court to remove the trustee.  The procedure is similiar to removing a personal representative - allege wrongdoing, and have proof for a hearing.   Beneficiaries of the estate or trust also may be able to hold the executor or trustee personally responsible for wrongdoing that led to a loss of an inheritance or distribution.  Wrongdoing may be hard to prove, especially if you do not have access to bank records and such.  A lawyer can help with this.    ... Read More
I'm assuming here that a probate court in Oregon appointed the executor of your father's estate.  You can file a petition in that same court to... Read More