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Erin Levine’s Answers

193 total


  • How can I find a family law attorney in the Hillsboro, OR area that provides pro bono services or works on a sliding scale?

    I am a blue collar worker that lives paycheck to paycheck. I desperately need some help enforcing parenting time and I would like to seek custody of my son. I am more than willing to pay the court filing fees and all related costs as well as help ...

    Erin’s Answer

    I don't agree with my colleague that you should meet with a lawyer and then attempt to proceed on your own for a custody/child support matter unless you and the child(ren)'s other parent are in absolute agreement about everything. The intricacies of law are why we go to school, get the Jurisdiction Doctorate (like a PhD or MD but with Juris meaning law not Philosophy or Medicine), and pass the dreaded Bar Exam. All of that sucks, but it does allow us to help you navigate the legal system waaay better than you can yourself. You would want a doctor for brain surgery, same thing. On something as serious as the custody of your child - hire a lawyer. If you have to borrow, sell something, do whatever, because if you get rolled trying to appear on your own against an experienced lawyer, you will regret it.

    Like my colleagues have said, there are some great resources - but the likelihood of pro bono is about like winning the lottery. Would you work for free, just because it's the nice thing to do? Probably not. We all have bills to pay. But people DO win the lottery so it does happen. Your better bet will be
    1) St Andrews Legal Clinic
    2) Oregon State Bar Modest Means Program
    3) the clinics at one of the law schools. Try Lewis & Clark first since they are closest.

    I think the Modest Means program will be your best bet. The initial consult is $35 to help you determine if you like and trust the attorney and can come to a payment arrangement. You WILL have to pay a retainer for services, plan ahead for that. But when it comes to our children, we do what we gotta.
    Oh, you also should apply for deferred or waived filing fees. Doesn't hurt to try!

    Best of luck to you!!!

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  • Why won't the liable insurance companies adjuster call me?

    I was in a car accident in November which was not my fault. I'm am now done with medical treatment and ready to start negotiationing the pain and suffering settlement. The liable insurance has all the medical information and the adjuster called me...

    Erin’s Answer

    Do NOT negotiate with them without the help of a lawyer. That is exactly what the insurance companies want and how they save money. You will not be able to get the same settlement that you would having an attorney who does personal injury cases as a regular part of his or her practice. Either use the Find a Lawyer service here on AVVO.COM and then you can check out client reviews or call the Oregon State Bar Lawyer Referral Service and you can get a 1/2 hour meeting for $35. Best of luck to you. Hope you are well.

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  • My kid mother is take me to court for child support she was in jail a year for drugs and is a convicted felon?

    She was told she couldn't get food stamps because she a convicted felon can she get child support being a convicted felon this is a government benefits?

    Erin’s Answer

    Child support is not mama support. Is the child yours? If so, then you should support your child. But I agree with my colleagues. If the child is yours, and your child's mama was in jail for a year for drugs and is now out (if she is) - do you want your child in that environment? Take HER to court for custody - partial or full.

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  • NRS 574.195: Animal in warm car

    They took our pet out of the car and now we have a court date. What should we do given this is our first time? Do we just go there and pay a fine and/or attend schools?

    Erin’s Answer

    If your cat or dog had to be physically removed from your car, under NV law it is considered animal cruelty and is a misdemeanor. You go to court, you do everything you are told to do and you never, ever do it to another animal again.

    On an 85° day, your car can reach 120° in 30 minutes even with cracked windows. Half an hour baking at that heat can cause irreversible brain and organ damage to your pet - who can't speak to you to tell you of its misery. You wouldn't leave your elderly mother, or an infant, in that situation so hopefully you have realized that this had the potential to be even worse for you. Your pet could have been already dead in the car.

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  • My neighbor keeps abandoning his cats&it falls on me to feed them&try to find them homes.Can't afford it!Is he breaking any laws

    He also leaves out bags of insect poison wide open.He's not approachable so I can't really discuss this with him. He has some kind of severe drinking problem--there were 5 cop cars at his house one day--and he says very odd things and the other da...

    Erin’s Answer

    You have your direction right there in your own words: I am on disability and poor and it's too stressful. Stop. They aren't your cats, they aren't your responsibility. You didn't take them on and if they know you are going to be the food source they are going to continue to come to you for food (and make a racket to get your attention for awhile) because they are hungry. You DON'T have to take care of his cats.

    As for being frightened of him, walk the other direction on your walks, or just give him your most charming smile and wave when he is yelling at you through the glass. He may be saying STOP FEEDING MY CATS! THEY WON'T COME HOME TO EAT!!

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  • I have a lease with my tenants that wasn't signed or dated by the landlord. Is this lease still valid?

    There is a lot of contradictory information out there. My soon to be ex husband moved these tenants in the house and did not sign the lease. Does this then revert it to a month to month lease where I can give them 30 days to vacate. They have cons...

    Erin’s Answer

    You have good advice from Mr(s) Abbott and Mauger. Don't accept partial payment and follow the eviction rules to a T if you are going to do it yourself. Since you already have your hands full with your papa, I would advise having a local landlord/tenant attorney review and take care of it here for you. These gentlemen can't offer you their services per AVVO rules, but I can tell you that either one would be a great choice if you need to retain an attorney. (You should have someone review your matter at least.)

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  • Can a landlord charge late fees when the management office has closed for a U. S. holiday during the payment grace period?

    I pay my rent on the fourth of the month always. This year Independence day fell on a Saturday and was observed on the preceding Friday. My management office was closed from Thursday afternoon. Monday, the 6th of July I walked to the management of...

    Erin’s Answer

    Short answer- yes. If the lease agreement that you signed says your rent is due ON THE 4TH DAY OF THE RENTAL PERIOD OR MONTH and your rent was not in hand on that day.

    Question though: How do you know you were "charged a late fee and no one else [was]?"

    ORS 90.260 (see link) says if it says so in your lease, your rent is late if it is not RECEIVED by the 4th day of the rental period late fees can start on the 5th day of the rental period.

    Do you have a legal issue or were you just wondering? If you wanted to know if you could or should sue to get the late fee back, anyone can sue but in this case you would spend good money chasing bad. Meaning you would spend a ton more than your late fee just to GET your late fee. That's if you even won and it is on the less favorable side for you. Sorry. :(

    By the way, do you pay with cash or write them a check?

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  • Does Oregon have a Head of Household exemption for wage garnishments?

    My wife passed away 4 months ago leaving alot of bills I am currently being garnished. The Garnishment is making it almost impossible to provide for my son.

    Erin’s Answer

    So sorry for your loss. It is awful to have to deal with a financial mess when you and your son just need to grieve your wife and his mother. I TOTALLY agree with Mr. Elie. If you are eligible for a bankruptcy, do it. Get a fresh start for you and your son. Clear what debts you can, especially those nasty garnishments, and move forward with your lives. Bankruptcy doesn't have the stigma that it used to have, particularly with our economy the way it is and everyone's asset to debt ratios.

    You can use the Find a Lawyer feature or just Google "Bankruptcy attorney Grants Pass". Your jurisdiction is Eugene so you won't have to drive to Portland at least.

    Best of luck to you and your son.

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  • How do i change the beneficiary name certificate holder name on a funeral planning agreement on a funeral agreement

    The plan was taken out on me at my expense with my concent understanding that my life was to expire very shorty after the arrangement was made. I have beaten the odds and wish another to be named on my funeral agreement

    Erin’s Answer

    Congrats, that is so awesome that you beat the odds! I agree that you should just be able to request a change of beneficiary form. If for some reason you can't, use the Find a Lawyer feature here on AVVO.com or alternatively call the Oregon State Bar Lawyer Referal Line. The Lawyer Referal program offers a half-hour consult with an attorney for $35 to help briefly answer your questions and determine if you need to further retain counsel. .

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  • Dog in kennel 2 hours w/ food water and shelter. Come back cops there and had put dog in car and cite me with animal neglect.

    They said that the water was gone and dog had been barking for an hour, and that the portable kennel wasn't in the shade, which it was. We are just amazed that i might face jail time for this someone help pls

    Erin’s Answer

    You might look at ORS 167.325 for Animal Neglect in the Second Degree or 167.330 Animal Neglect in the First Degree. Most city ordinances don't allow barking for an hour, so you can get a citation for that alone. Are you talking portable kennel like the hard plastic ones? Or a metal one open to let air pass through? If you were given a citation for animal neglect by the police, they took it seriously enough that it bypassed Washington County Animal Control and the police came. They believed your dog was in imminent danger of physical harm and fortunately for animals, Oregon is a state that takes animal neglect and abuse very seriously. Washington County fines, jails, or both.

    It got up to 97 degrees last weekend. Would you leave your toddler outside for several hours in that heat, especially in a portable kennel that is like a little oven? Would you be "amazed that [you] might face jail time" for that? Probably not, but it is the same idea. Your pooch was barking to ask for help. Help arrived but it wasn't you.

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