Skip to main content
Gregory L Abbott

Gregory Abbott’s Answers

2,619 total


  • Can a creditor garnish wages exceeding what's owed, court costs fees?

    I took out a $700 dollar loan. I defaulted on my loan. I got sued. After all said and done court ordered for me to pay $1400 for court cost and principal owed. I have made payments on that. The amount I have paid is $1300 so far. Out of the blue t...

    Gregory’s Answer

    No, they cannot legally garnish you for more than you owe. But determining how much you owe is not likely to be as simple as paying what the Judge ordered. You owe that base amount, but also any additional costs incurred in collecting, like writs of garnishment fees, etc., plus possibly additional attorneys fees, plus, of course, interest on the amounts owed and the interest increases the total amount owed everyday.

    See question 
  • How long before I can evict my tenant in Mississippi? shes a month and half behind on rent

    my tenant is a month and a half behind on rent! how long before I can take her to court and evict her?

    Gregory’s Answer

    Your state law will specify the timeframe and procedures - here in Oregon it is 8 days. Regardless, if she is more than a month behind, you have let it go far longer than necessary. However, you will still need to jump through all the legal hoops, starting with a properly drafted notice, properly served, which allows her the minimally required time to pay her rent or get out. All in all, you would be wise to consult with a local landlord-tenant attorney to get it right, the first try. It can be very expensive if you screw something up.

    See question 
  • Do I have grounds to break my lease?

    My car has been stolen twice in my apartment complex. Each time the apartment complex has done nothing

    Gregory’s Answer

    Just what is it you expect them to do? They do not guarantee the safety of either you or your property. No, normally theft of your vehicle from a complex parking lot is not grounds to break a lease. If the landlord was somehow negligent you might have claims against it but even then, it might or might not be grounds to break the lease.

    See question 
  • 72hr notice pay or be out by midnight i disputed the aligations from the collection agency but it is still on my credit report

    when i moved into this apartment the carpet was not new and i lived there for over 3 years i kept renewing my 6 month lease i couldnt pay my rent so there was a 72 hr notice on my door saying pay the rent or be out by midnight i went to the office...

    Gregory’s Answer

    I'm afraid I am with Ms. Thorpe here. You don't seem to be asking a question but do seem to be admitting that you owe back rent to the landlord (or collection agency now). If so, that is quite permissible to be on your credit record. If you have been sued, then you have had your chance to dispute any/all of the charges, including carpet. If you have not, then the only way they can collect from you if you do not voluntarily pay them is to file suit and get a Judgment against you. You will then have your chance to fight the amounts they seek. If you were there 3 years and the carpet was only 2 years old, it sounds as if they replaced it while you were there. Regardless, if the carpet was only 2 years old, and you damaged it, you are likely to be on the hook for the reasonable repair or replacement costs, though possibly not for 100% of that cost, depending upon the exact facts. If that is the only thing you have to fight, however, it is likely going to cost more to fight it than any amount you might save unless they sue you in small claims court. If they do file suit, you may wish to review everything with a local landlord-tenant attorney. They have up to one year after you moved out to sue you or it may be too late for them to do so, even if you otherwise owe it. You may also have claims against the collection agency for unlawful debt collection practices if they are trying to collect after the one year time frame. Again, a review with a local landlord-tenant attorney will help determine this and the rest of your rights and obligations. Good luck.

    See question 
  • I want to know why depending on who you talk to the fees are thousands in difference, however it seems the court costs are the s

    I have talked to multiple attorneys. There are 4 types of bks. I believe I qualify for a bk 7, however whenUI went to check out this firm there was 22 complaints. Most of them state they did not know what type of bk they qualify for. This is afte...

    Gregory’s Answer

    I am not clear what it is exactly that you are trying to get around or why, if you reside in Idaho, you are posting in Oregon - bankruptcies have to be filed in the person's state of residence. Different types of bankruptcies cost different amounts; one may sometimes qualify for more than one type of bankruptcy, each with its own benefits and drawbacks; different attorneys may see the same case differently; and different attorneys charge different amounts. Absent malpractice, you normally are not entitled to a refund.

    See question 
  • Is it normal for police to take possesion of personal property during a normal passing investigation?

    Police came to to normal deceased call and took possession of personal property. There was no logical reason to take them. How is this legal.

    Gregory’s Answer

    The only basis for police taking personal property is if they reasonably believe it to be evidence in a potential crime or the property is considered to be a threat to public safety. If you disagree or think it was seized otherwise, review it all with a local attorney.

    See question 
  • Can I bill my tenants an hourly rate for fixing their oven?

    My tenants broke the oven at a house they are renting from me and I want to know if I can charge them an hourly rate for fixing it and for gas mileage driving out to fix it.

    Gregory’s Answer

    As long as the oven was broken because of the tenant's negligence and not just as ordinary wear and tear, yes, you can charge them for the repair. If you are the owner, then you can repair it yourself and charge but it has to be a reasonable amount for the work done - both hourly rate and total charge and keep records to document the time, parts, etc. that are being charged for in case they decide to fight it. Charging for your gas/mileage is a bit more problematic but if you know what's wrong, ask a regular repair company what they would charge and take that into account when determined the amount to charge the tenant in total. Most repair professionals will have a base charge to show up and, perhaps, include in it a set number of minutes to evaluate, etc. and that includes their gas/mileage, so you might want to go that route and just absorb the gas/mileage yourself after including it in the base charge. Understand that while legal, it is easier to challenge your charging them to fix it and if you are not a professional in the oven repair field, they can claim you took longer or didn't do as good a job, etc. so they shouldn't have to pay as much, blah, blah, blah. Thus you may want to simply have a professional come out and do the job and then bill them and if they do not pay, issue a 30 day for cause termination notice and/or, if necessary, take it out of the security deposit. How do they argue with a professional repair company's bill unless it is vastly out of line with what other such repair companies charge? Good luck.

    See question 
  • Should I get an attorney?

    My apartments did my move out walkthrough without me present & billed me $300 for a tub that had no damage, and over $800 to replace the carpet when there was only a small damaged area in one room. I lived there for 1 yr & never paid anything late...

    Gregory’s Answer

    Your landlord has 31 days after you restore possession to him to provide with either a refund of your security deposit and prepaid rent or a written accounting of what and why it is being retained. If the landlord believes you are liable for damages in excess of the security deposit, they can bill you for the excess. If you disagree with the amounts being billed, you are free to refuse to pay. The landlord then has to drop it; refer you to collections; or sue you for the amount. If it goes to trial, the burden of proof will be on the landlord to both show that you are liable and that the amount being charged is reasonable. If instead you object to amounts being withheld from your security deposit, your remedy is to sue the landlord, possibly in small claims court, for the amount wrongfully withheld. Prove it was withheld in bad faith and you may be entitled to recover twice the amount so withheld. If you win, you will also be entitled to recover your court costs and probably attorneys fees. Depending upon the exact facts, you might have claims for unlawful debt collection practices as well. If you seriously want to pursue it, you would be well advised to at least review everything in detail with a local landlord-tenant attorney. Good luck.

    See question 
  • I found over 15 accounts on Missing Money.com for my late husband. He passed away in Sept. of 2005 and we were just divorced.

    He has no living relatives and don't know if I can claim for him or just let them know he has passed. We resided in NewJersey. He had passed suddenly so had no will. Alot of stocks, a home, and who knows what else??? What can I do if anything? Sh...

    Gregory’s Answer

    If you were not legally married at the time of his death, and he had no Will, then you have no right to inherit or clam his property. New Jersey law will specify who does get it - usually spouse, children, parents, siblings, aunts/uncles, cousins, or if none of these, then it goes to the State. So if you know of any of those relatives, you might notify them.

    See question 
  • What are my options for getting water turned on

    We have been living in a house for 8 years that my father on law had built for us to take care of him and my mother in law. Recently my brother in law has taken my mother in law and has had her change her will. We do not know where she is. My brot...

    Gregory’s Answer

    If you already have an attorney, they are the best one to answer your questions and to know what's going on. If you do not have faith or trust in them, you need to terminate their services and find a different attorney in whom you do. That said, it is unclear whether you are tenants paying rent or simply guests, subject to being asked to leave at any time. Or perhaps you qualify as employees if you are care givers. In whose name is the property titled? What does your father-in-law say about all this? Regardless, as to the water issue, your attorney might consider seeking an emergency injunction directing that the water stay turned on until the court sorts everything all out. Good luck.

    See question