Kevin Elliott Parks’s Answers

Kevin Elliott Parks

Portland Employment / Labor Attorney.

Contributor Level 14
  1. I signed my daughter to an agency and I paid not refundable $795 Which include pictures and Profile and 39.95 per month

    Answered 11 months ago.

    1. Kevin Elliott Parks
    2. Ivan Jose Parron
    3. Bennett Jay Fidlow
    4. Celia R Reed
    4 lawyer answers

    Your rights in this situation are almost certainly going to be determined by the contract language and the terms you agreed to. You indicate in your question that the $795 you paid was "not refundable," so it appears that you certainly have a hurdle to get over if you're to successfully claim any of that amount back as a refund. While it may be possible to do so, that is unclear based on the limited information that you've provided. I would suggest scheduling a consultation with a local...

    12 lawyers agreed with this answer

  2. I have an idea to link Gamers to Social Media sites. Do I need to get a lawyer because I know you can't patent a "Idea"?

    Answered over 2 years ago.

    1. Kevin Elliott Parks
    2. Ivan Jose Parron
    3. Curtis Lamar Harrington Jr
    4. Michael Alan Shimokaji
    5. Philip Leon Marcus
    6. ···
    6 lawyer answers

    Your business idea may be viable, but it sounds like you're in the very early stages of business development. A consultation with an attorney would likely be a good idea. While you're correct that you can't patent an idea, there are all kinds of intellectual property protections you could benefit from as you develop your idea into a product and business. A non-disclosure agreement can protect your idea from being stolen and copied by a corporate business, but even then that's only the tip...

    10 lawyers agreed with this answer

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  3. I have just served my tenant a 72 hour notice to pay rent or quit. What do I do now?

    Answered over 1 year ago.

    1. Kevin Elliott Parks
    2. Troy Austin Pickard
    2 lawyer answers

    You wait 72 hours, or until the time and date written upon the notice, for the tenants to pay rent. If they do not pay by the deadline, assuming you have properly written and served the notice, you can then proceed to file a Complaint for an eviction (FED) with the Circuit Court at the county courthouse. If you failed to properly serve the notice, or if the notice is otherwise faulty, you may be liable for your tenants' attorney fees in defending against the Complaint, should they decide to...

    9 lawyers agreed with this answer

  4. True or false environmental groups receive all spent monies back when they win a case against the Federal Government?

    Answered over 2 years ago.

    1. Kevin Elliott Parks
    2. Brian S Wayson
    2 lawyer answers

    In law, there's no such thing as a true or false question. Just like nearly any other legal questions, the answer is that "it depends." There are all types of "cases" that can be brought against the "federal government," as both are very expansive general terms that might cover any number of legal actions and defendant entities. Generally speaking, yes, many litigants -- including environmental groups and nearly any others -- can be awarded "costs" upon getting a judgment and award from a...

    8 lawyers agreed with this answer

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  5. How do I go about evicting my ex-wife out of my house. We made a verbal rental agreement 2 years ago and she is 4 months behind.

    Answered about 1 year ago.

    1. Kevin Elliott Parks
    2. Marcel Gesmundo
    2 lawyer answers

    You've got a number of potential options here, so your process moving forward can depend on a number of factors, which you should speak with an attorney about to properly advise you. Initially, you can likely seek an eviction for non-payment of rent, which requires a 72 hour notice. Then, if she's been in the dwelling for over a year, a 30-day no-cause notice is insufficient and a no-cause eviction will require a 60-day notice. However, the circumstances may well support a for-cause eviction,...

    7 lawyers agreed with this answer

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  6. Found not guilty re: misdemeanor DUI. Should I answer "yes" to conviction on background check form OF-306, federal employment?

    Answered over 1 year ago.

    1. Kevin Elliott Parks
    2. Richard E Oberdorfer
    3. Troy Austin Pickard
    4. Charles K. Kenyon Jr.
    5. Joshua Sachs
    5 lawyer answers

    While this issue relates to employment law, you're likely to find a more concrete answer if you post on the Criminal Law section of Avvo, or otherwise seek the advice of your prior criminal defense attorney who may be able to advise you. If you were convicted, appealed the decision to the Court of Appeals, then had the case remanded for another jury trial in Circuit Court where you were found not guilty, you shouldn't have been convicted at all and thus the conviction shouldn't be on your...

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  7. Where can an Oregon residential landlord obtain a free, comprehensive, up-to-date residential lease or rental agreement?

    Answered almost 2 years ago.

    1. Kevin Elliott Parks
    2. Brook D Wood
    3. Rixon Charles Rafter III
    4. Carol Lynne Zimmerly
    5. Troy Austin Pickard
    5 lawyer answers

    I'd generally assume that you are going to be unlikely to find a free form of an Oregon Residential Lease online, and further I'd strongly caution against utilizing one in the event you do find such a free form. There are numerous online legal resources sites where you can purchase a form lease, though I regularly advise clients to avoid doing so, as reliance upon some other person or entity to draft a legal document for your use without having the proper legal and contextual analysis is...

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  8. Can I legally change the locks on my rental house without telling my roommate?

    Answered 2 months ago.

    1. Kevin Elliott Parks
    2. Robert Lloyd Mauger Jr
    3. Daniel Lee O'Neil
    3 lawyer answers

    You're potentially running into a couple of different but related issues here, both of which I'll attempt to address. First, a tenant isn't typically allowed to change the locks on a rented residence at all. A landlord can, to some extent, but they then have to ensure that all the tenants have keys sufficient to be able to access the unit. If a tenant changes the locks at all, it's imperative for them to do so only with the written approval of the landlord, and the tenant must then also...

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  9. How much notice after a year lease turned to month to month?

    Answered over 1 year ago.

    1. Kevin Elliott Parks
    1 lawyer answer

    Probably not. While your rental contract might state that the "month-to-month tenancy [is/will be/shall] terminable by either party on sixty (60) days notice", Oregon law provides that in a month-to-month agreement where the tenant has lived there more than one year, a landlord must give a tenant 60 days' notice while the tenant need only give the landlord 30 days'. It's unclear whether the only right you may be trying to assert is a right to collect that extra, missing one month's rent,...

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  10. Can a person come after you for a personal loan if you have two child support payments and a monthly IRS garnishment

    Answered over 1 year ago.

    1. Kevin Elliott Parks
    2. Jay Bodzin
    3. Kevin J Tillson
    3 lawyer answers

    Whether a debtor has other financial obligations (child support, IRS garnishments, etc.) is immaterial to whether or not they can be pursued for defaulting on a loan.

    7 lawyers agreed with this answer