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Kevin Elliott Parks

Kevin Parks’s Answers

712 total

  • Car repair shop wont give me back my car. I won a default judgment. How do I go about getting my car back?

    I went automotive repair shop and prepaid because I was told I had to(1500.00) I have receipts, but the shop did additional work I never authorized or approve, I just asked him to check a noise & tell me what was wrong. I did authorize th...

    Kevin’s Answer

    Unless your lawsuit involved a request for injunctive relief that was ordered by the court, it's likely that a default judgment awarded you not the car itself, but rather a monetary award. Moving forward, then, collecting on the monetary award can often be just as challenging (and, in the case of a default judgment, even more challenging) than winning the underlying case in and of itself.

    It's possible that you could now negotiate a release of, and satisfaction of, the judgment debt in exchange for the return of your vehicle. However, without knowing all of the specifics, it's unclear as to whether or not such a tact would ultimately be successful (depending on the legal and factual position of the adverse party mechanic shop) or whether that tact would even be advisable (depending on the allegations in your lawsuit and any potential outstanding legal issues.)

    All told, you should likely sit down and discuss your situation with an attorney, who can review all of the facts with you, can advise on your legal options move forward, and who may be able to assist you in trying to come to a resolution.

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  • I ran a credit report on my 18 year old daughter since we will be looking into colleges soon. She already has a derogatory mark.

    Her mother took out several accounts in her name and one has gone to collections. My daugher is not aware but her mother has already filed Ch 13 and is extremely financially irresponsible. We have no court ordered child support or parenting plan b...

    Kevin’s Answer

    Certainly, your first call should be to the police in reporting the identity theft and fraud and making a police report. Then, contacting the credit reporting bureaus and disputing the charges and debts is also likely a necessary task. Additionally, there may well be family law issues which you may want to try to alter or otherwise work out moving forward.

    Then, potentially beyond just attempting to set a course moving forward, it's likely that your daughter(s) may have civil claims, that may or may not be worth pursuing depending on the circumstances. (If their mother isn't working and has already recently filed bankruptcy, I'd have some significant concerns about the viability of any possible civil actions, but it likely makes sense to inquire and potentially pursue nonetheless, depending upon the desired ends and outcomes.)

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  • How long can I stay in my commercial building after my lease ends without being technically evicted?

    My landlord is not allowing my company to renew our lease, nor go on a month-to-month until my new place is completed with tenant improvements. We make over $30,000/day here, so for every day that we are held off from moving offices, it becomes a...

    Kevin’s Answer

    An technical eviction will only go on your record if your landlord proceeds to file a claim and pursue an evictions in court. Likely, this can happen as soon as your lease expires. However, you should absolutely be aware that commercial leases are not subject to the same statutory provisions (and tenant protections) as residential lease; thus, the landlord's options are likely to be contained within the terms of you current written lease. If you decide to stay past the occupancy termination date of your lease, you could become financially liable for damages and attorney fees to the landlord. Further, some commercial leases allow landlords to lock tenants out, change the locks, and etc., which could make getting your business' equipment and whatnot extremely difficult, causing greater delays in getting set up elsewhere (and thus a potential reduction in revenue).

    The business should absolutely schedule a consultation with a real estate attorney to review the lease and analyze options and risks about what should happen moving forward.

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  • Can forming an LLC help me break a lease?

    I want to sign a lease on a commercial property, but it's a little longer than I am comfortable with. In the event that I am not able to keep my lease, I do not want the landlord to sue me. If I was to form an LLC and sign the lease as a represent...

    Kevin’s Answer

    • Selected as best answer

    Initially, the length of the lease itself (amount of pages, versus actual term of leasehold occupancy) shouldn't be in issue in and of itself. Rather, as they say, the devil is in the details. If the term length is indeed the issue, however, then that's another matter altogether.

    However, to be sure: if you are considering opening up a business or an office, it's almost always a good idea to create a legal business entity (an LLC, or another handful of possible entity types, depending upon the circumstances) to protect the business owner(s) from potential personal liability for business debts.

    However, you should also note and keep in mind that commercial landlords and property owners are typically on to this type of tact. Yes, should an LLC or other entity contract with a landlord and then the LLC go out of business or go bankrupt, the landlord would potentially be hard-pressed to pursue the individual LLC owner for any alleged debts. (This option for landlords isn't even impossible, however.) In any event, however, the reality is that almost all commercial leases are by and between building ownership entities (and/or property management companies) and all relevant possible tenants -- including tenant entities (such as your possibly LLC) as well as ownership individuals. This can be accomplished multiple ways, either through the potentially liable parties being listed jointly and severally as the tenant business entity AND the tenant individual owners, or possibly just listing the business entity as tenant but having an (or the) individual(s) personally guarantee the rights, obligations (and debts) of the entity.

    Thus, if there's a breach of the lease and the tenant goes out of business, the landlord would still have recourse to pursue the business' owners for outstanding debts and/or claims.

    I'd suggest you review your lease thoroughly and make sure that you understand each and every term and condition contained therein. If it is indeed the lease term length that you're uncomfortable with, you can consider attempting to negotiate with the current potential landlord, or you can attempt to find a different location which may provide for more favorable lease terms. It's likewise advisable that you hire a small business attorney to review any document with you that you may be presented to to sign, to explain any terms or conditions that may be unclear or confusing, and to advise you on your rights and best practices moving forward.

    While it's possible that you may have a written lease in front of you that is offered as being particularly tenant-friendly and that might allow you to avoid personal liability to your landlord if your new business venture goes south, odds are that somewhere therein is some type of a contractual hook that purports to do the exact opposite. And, even then, in the absence of such a hook, there's always a potential risk that the landlord could try to pierce the corporate veil and attempt to hold you personally liable in any event.

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  • Can I quick my job, if my boss keeps yelling and screaming at me? Help

    I do truck tires for a fleet of about 500 trailers and 300 trucks. I am the only one doing the tires and we have 5 lube techs and 2 mechanics. My work keeps going up and I can't physically do it all in 8hrs, plus out equipment never works well. Ev...

    Kevin’s Answer

    It's possible, but not likely.

    Quitting employment is typically the first check mark an OED investigator will look at if you're apply for UI benefits. And, most typically, quitting means that you're disqualified from receiving UI benefits.

    There is an angle that you can pursue upon applying for UI benefits after a quit, essentially attempting to prove to the OED that your employment constituted a hostile work environment and that both you, and any reasonable person in your same situation, would have had no choice but to quit. AS you can imagine, this is a high bar.

    Generally what happens when former employees who quit attempt to file for UI benefits is that initially their claim is denied by OED and they ultimately have to go through the appeals process with an ALJ, which can take a few weeks (or months), leaving the former employee without income for some time. And, upon a hearing, it's always risky as to whether an ALJ would rule that you had good reason to quit.

    Best practice is typically to begin looking for another job no while still employed, hoping to seamlessly transition between the two positions.

    If you get fired, UI is there for you. But quitting and hoping to rely on it is a very risky proposition.

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  • What are my rights if my contract to work is over.

    I had a work contract with a facility end date November 1. Per that contract I had to give them a 30 days notice if I am leaving. Now my contract is over ( will be over November 1 ) , the facility gave me a DRAFT contract WITHOUT any signature w...

    Kevin’s Answer

    If you're working under an existing written employment contract, it's imperative that an attorney review the entire contract with you prior to being able to provide you any advice. As you're inquiring about two related but potentially different contractual issues (contract termination dates and termination notice provisions), figuring out the interplay between the two is imperative. As they say, the devil is in the details.

    However, generally speaking, if a party to a contract is performing and the terms of the contract itself provide that the contract will terminate on a specific date, then that date ends the parties' respective responsibilities. Thereafter, the parties are free to negotiate and/or enter into another contract, or not.

    What is particularly unclear in this situation is the impact and effect of any 30 day notice. i.e., Does your contract provide that, even though there may be a specific end/termination date (Nov. 1st), could you have properly and without penalty terminated the contract at some time prior to Nov. 1st, assuming you properly provided a 30 day notice?

    You'll likely want to schedule a consultation with an attorney. Often, a single sit down meeting can be sufficient to go over the facts of your situation, review the contract(s), and analyze your option (and/or liabilities) and advise on possible courses of action moving forward.

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  • Who has to be listed as a plaintiff on a (FED) eviction complaint for it to be valid?

    if my month to month rental agreement had two names of the 3 titled owners on it, and they signed it...dont both have to be listed as plaintiffs on a eviction complaint for it to be valid? It only has one name as plaintif and her agent. Im in Ore...

    Kevin’s Answer

    A plaintiff in a FED/eviction proceeding can be any number of individuals and/or entities. Ultimately, the real question is who is the listed Plaintiff, and do they have the legal authority to proceed against a tenant occupying the premises to take possession from them.

    In typical FED/eviction cases, the plaintiff is an owner of the property (as listed on the title), or some (or all) of the owners, a property manager, a property management company, an agent, or the like.

    (Technically, the owner of the property can likely even assign their rights to an assignee to pursue the owner's rights to possession of the property in attempting an eviction.)

    In your situation, it seems like you're attempting to argue that the plaintiff party may not be the "real party in interest." Factually and legally speaking, while it's possible that you might have the ability to make such an argument, it's unclear whether asserting such an argument would be beneficial to your case, must less successful in getting the case dismissed (which is rather unlikely.)

    There are a variety of strategical possibilities to consider when evaluating whether additional parties could, or should, or must, be added as litigants (always incredibly significant when a tenant might be pursuing counter-claims against a landlord.)

    In any event, however, if you've got a trial coming up in merely a few days, it's highly unlikely that this issue, in and of itself, would provide a basis to have a judge dismiss the case on the day of trial.

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  • Suspension without pay for the duration of interactive process, is that breech of good faith? What can I do to get reinstated?

    Employer is making me stay on suspension while gathering medical information for interactive process. It will be five weeks on Friday 10/23/15. Is this legal for them to do? Should I be filing unemployment? They are stressing in letters that they ...

    Kevin’s Answer

    I agree wholeheartedly with my colleague, Mr. Schuck's, advice, as there are numerous considerations to fully take into account prior to advising a client in an employment context: i.e., their rights, duties, obligations, liabilities, and the process for asserting such rights and/or effectively assisting a current employee.

    The general procedure for asserting rights under the ADA can take a variety of forms, as it's explicitly an "informal" process. The facts of your specific situation -- your disability, the requested accommodations, the terms and conditions of your employment, and your employer's own policies and procedures -- can have a significant effect on whether you "have a case," so to speak, and thus what you potentially should or should not do moving forward.

    While you're not working and not making any money, however, you can absolutely file for Unemployment Insurance benefits. It's initially up to a determination of the Oregon Employment Department as to whether or not you qualify for UI coverage, but filing a UI claim while still employed is technically possible.

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  • If my busin. is being sued for something a old indep. contractor did, and I needed an attorney to represent me what is ur price

    My company is being sued for what an old independent contractor did she hurt a client and because she was under my roof they say Im partially responsible. They said that I knew she hurt people. NO I had no Idea until the day the client called and...

    Kevin’s Answer

    Rates amongst lawyers vary, and sometimes significantly. Given the disposition of this case -- a business entity as a defendant in a lawsuit -- it's highly unlikely that you'd be able to find an attorney to take up your defense on a contingency fee basis. Thus, you should anticipate being quoted an hourly rate and likely a retainer deposit to hire an attorney (along with an explanation and range of other possible litigation costs that may be likely or necessary, such as investigation, court costs, experts, etc.). The specific amounts of those costs can vary depending upon a number of factors, and it's ultimately up to the business and the lawyer/law firm to negotiate a representation agreement that works for both client and attorney.

    If you're looking for a rough, off-hand estimate, I'd anticipate that the hourly attorney fees you'll likely be quoted by various Portland-area attorneys and/or law firms would typically range between $200 and $400 per hour. The amount of any required retainer deposit, however, can often vary even more significantly; the only way to get specifics regarding what options may be out there for you are to begin to call and schedule consultations.

    Even the prices for just initial consultations can range significantly: the Oregon State Bar has a referral program where an attorney charges a low cost initial consultation fee ($30 or $40, if I recall), while some attorneys charge full hourly rates for initial consults, some provide flat or discounted rates, and some provide free consultations.

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  • Is a notice of noncompliance issued against me by my landlord valid if their evidence is missing?

    I was issued a notice of noncompliance by my landlord for not picking up pet waste. On the notice they say they have surveillance cameras recording the wrong-doing. Believing I was not at fault I went to the office to challenge the notice and see ...

    Kevin’s Answer

    If you've previously made an agreement in court and your landlord then files a Notice of Noncompliance requesting that the court provide the landlord relief (typically an eviction, i.e. a Judgment of Restitution), then such Notice is typically accompanied by a declaration or an affidavit from the landlord, which is the "evidence," even if it is merely a "he said, she said"-type situation.

    If you'd like to defend against the Notice and attempt to prevent the court ordering an action against your interests, you must timely file a challenge to the Notice of Noncompliance and then schedule a hearing, at which time the judge will evaluate the evidence on behalf of both parties and make a ruling as to whether or not you were, or were not, in compliance with the previous agreement.

    If you don't properly and timely respond, however, the court will absolutely act on the landlord's request and move forward.

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