J Christopher Minor's Answers

I was assaulted by an attorney who wormed his way into our valuable family assets and real estate holdings.Conflict of interest?

I cannot offer an opinion as to the merits of your claims, but based on what you have said, you may have a basis for a criminal complaint, a civil suit, and/or an ethics complaint to the Oregon State Bar. There are may fair, honest and competent lawyers (most all), and I would urge you to find someone you trust and discuss the matter with him and her, identify actions you may wish to take, and perhaps receive a further referral to lawyers handling such matters on a regular basis.

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Is it tax fraud for employer to lie about overtime

As stated by the other responders, this is not a tax fraud question at all, but a question of what might be required by contract and state and federal law. I'm not sure I understand what you mean when you say: "They instead were given 5 hours to their checks, supposedly by the employer." The bottom line is that if the employer for any reason owes them more than they received, they can make a claim and very well may be in a position to seek penalties, attorneys fees and/or interest. Is...

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I am a landlord my tenants are trying to get out of their lease.

I am guessing that you are reading from the definition of "assignment or transfer," in the portion of the lease which prohibits assignment. [Of course, this is but a guess, since you didn't provide much information.] Such a clause is typically included in a lease to prevent someone else from moving in to replace the person you rented to (unless you consent). It exists for the landlord's benefit, and may give rise to a right of termination on the part of the landlord. It DOES NOT give the...

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I received a "Notice of Entry of Judgment" for a divorce, what does it mean?

I strongly urge you to contact the court immediately to obtain a copy of the judgment or, preferably, have an attorney obtain a copy and advise you of its content and effect. Apparently this was obtained by default. If you find something objectionable in the judgment, you may still have time to set aside the default. You may also be able to challenge jurisdiction, particularly if you believe you were not properly served with the original dissolution petition.

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How do you borrow money to save property from delinquent tax foreclosure while it is also in estate probate in the State of Or.

I am reluctant to provide any kind of answer, inasmuch as I suspect there is much more to this than what you have set forth above. As a general concept, an executor (we call them personal representatives now) has a fiduciary duty to look after the best interests of the estate as a whole, and to preserve and protect its assets. Is it possible the property in foreclosure has a value less than what is owed on it, so that it is not worth preserving? If that is not the case, the personal...

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Is fraud and abuse of process a criminal or civil matter?

As state, your first priority is dealing with the criminal charge. If it is resolved in your favor, you may wish to bring an action against the maker of the false report. However, there is a distinction between a report intentionally falsified and one which is submitted in good faith, even though it may contain incorrect facts. Because the law protects and encourages communications such as this, a report made in good faith probably would not be a criminal act and probably would be immune...

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While in a diversion program for duii, i got a ticket for marajana possession. How does this affect my program?

One thing to consider is that you were ticketed for possession, apparently based solely on the fact that your room contained marijuana (along with a whole lot of people). I suspect that you have a good chance of beating the charge, and you need to make sure you take care of that aspect of things. I suspect that a negative drug test showing you had not used marijuana at the time of the police visit might be useful evidence in connection with both matters, but you should, as suggested,...

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Can Realtor Refuse to write an offer on a house, because price offer is to low?

You don't say whether the broker is representing you, as a buyer's broker, or is with the company that listed the property. If the broker is your buyer's broker, you may wish to find someone else whom you might find more sympathetic to your point of view. If this is the seller's broker, he/she would have an obligation to submit to the seller any offer you make. But I don't know that the seller's broker has a duty to help you write the offer, particularly if the broker believes it would be...

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Court order says tenants to be out by 5:00pm February 29,12. They have not moved anything out at this time!

And, check with the Sheriff to see what they will require. There will be fees involved, and if the tenant has "stuff," the Sheriff is going to want some money to put it in Sheriff if the Sheriff actually has to do a forcible eviction. On the other hand, the tenant may leave on his/her own. If the tenant needs another day or so, and will make a believable commitment to get out then, you are probably way ahead to allow a slight extension. And, as suggested, you will find it helpful to...

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Are we dealing with Defamation, or just opinion?

I think a more fundamental issue is what was said in the letter. If it is truly defamatory, Oregon does not require proof of damages since your professional qualifications are involved. Moreover, it is not necessary to mention your professional qualifications; merely attributing to you (falsely) characteristics incompatible with the ability to do a good job in your profession would be defamatory. But if (as you suggest may be the case), it merely expresses an opinion which is not...

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