Skip to main content
Erin Levine

Erin Levine’s Answers

236 total


  • Can a auto mechanic put a lien against a car if the customer owes no fee for storage during an open dispute with small claims\c?

    Erin’s Answer

    Oregon Revised Statutes say that if they want to claim the lien and storage fees, they have to follow the rules.
    The mechanics lien is common and allowed. Here is the link so you can see what the law says:
    https://www.oregonlaws.org/ors/87.152
    Storage charges fall under ORS 87.176. Here is the link for you to read. https://www.oregonlaws.org/ors/87.176
    If they want to try to charge you for storage as well, they have to follow the procedures. They can't just claim it willy-nilly at the very end by springing it on you.

    Good luck to you. Hope it works out in your favor!

    See question 
  • How to cash a check that says to the estate of name in care of name

    Erin’s Answer

    I had a client who opened a probate for a $100 check made out to the decedent as beneficiary for his long-passed away wife's insurance. My client had siblings and a step-mother and wanted it all documented that any money from the decedent's estate was properly distributed. I asked her if she REALLY wanted to do it, with me the lawyer for a $100 check. Really, really?
    Sometimes it's good money chasing after bad.

    You will need a lawyer to file for you. There is no form for the Small Estate Affidavit for Klamath County (I just checked) so you will have to use a lawyer's services if the check that you received is worth cashing.

    Best of luck to you and I'm sorry for the loss of your mum.

    See question 
  • What if I never received a prior notice? ?

    Erin’s Answer

    I don't think your question falls under Election Campaigns and Political Law if you are talking 30 day notices. If the termination of your lease (right? That's what we're talking) was for non-payment of rent, other than just one time only and in the current month, then under ORS 90.394 (Termination of rental agreement for failure to pay rent) your landlord can give you notice either with 144-hour notice on or after the 5th day of the rental period including the day rent was due, or with 72-hour notice if he/she waits until the 8th day of the rental period incl the day rent was due. So if your rent is due on the 1st of the month, and you are several months behind, you can be given 72-hour notice on the 8th.

    https://www.oregonlaws.org/ors/90.394

    If it just says "For Cause" but doesn't specify the $ amount you owe AND the date and time by which you could pay that amount to cure the nonpayment, then your LL may have messed it up and you should run, don't walk, to a lawyer for review. And assistance unless you have a firm grasp on tricky ORS Chap 90.
    He or she could buy you some time.

    Best of luck!

    See question 
  • Can a person cross our right of way ?

    Erin’s Answer

    An easement is a right to use someone else's property. It is an "ownership interest" but not outright ownership, meaning you have the permanent right to use that section of property but it isn't yours. You can't put a fence around it. The new owners of the property hold legal title to the land. However, the easement runs with the land and they purchased subject to your permanent right to use it. They can't put a fence around it either. But they CAN do anything on that land that doesn't "unreasonably interfere with [your] right to use and enjoy the land."

    See question 
  • A dog was severely neglected in Pima County AZ with bed sores, a torn ligament and 12,000 worth of surgery. What are the options

    Erin’s Answer

    I agree with Keith. You may want to be a voice for the dog, but you won't have standing to sue anyone (if that's what you wanted to know.) If the breeder is a puppy mill or has other inhumane conditions, alternatively, notify HSUS in Tucson or for the SW. Google the the number and report it to them. That's what they do.

    If you REALLY want to help, donate to the vet who performed the surgery because it's not likely that the breeder will do it unless forced by the Pima County Powers That Be.

    See question 
  • Can I file a noise complaint against my neighbor for a constant barking dog?

    Erin’s Answer

    Check what your city requires that you do. Here (because I have been through it with a neighbor) we have to document multiple events, showing times started and ended, where the humans were (home/not), dog inside/outside, volume of barks, etc.

    They really don't do anything about it. The dog has to bark for hours without end. And be in distress.

    If your people are outside until 3a with their dog, odds are they will be asleep when you are getting ready for work in the morning. Accidentally lean on your horn for 2-3 minutes every day (but maybe tell your OTHER neighbors first to let them in on the plan.) This is clearly not legal advice. This is, I have been there and I empathize advice.

    Seriously though, document, document, document. Record the barking on your phone or another device so you can demonstrate how loud and how long. Hit Animal Control with a massive paper trail.

    Good luck!!

    See question 
  • How ..many dogs can you have in a city neighborhood in Estill Springs Tennessee ?

    Erin’s Answer

    Generally speaking, 4 dogs may be allowed. You would have to check the City Ordinances to see how many the City allows and if there are particular breed restrictions with that number. If you can't find it, just call Animal Control and ask them.

    You say they have a fenced yard but get out. Who or what was out of the yard and verbally attacked your mother and people who came to visit? That doesn't make sense. If the dogs have attacked people, call Animal Control or file reports with the City or police, whatever the City procedure is. They can't attack people. If they are just running around and leaving poo presents for everyone, I personally would want to share the love right back with that family. Pick up the poo and take it right on home. If they are just growling and barking from behind their fence, 10' from the street, don't walk by the house. Unless the barking is constant, like for hours without breaks, the growling and barking isn't against the law.

    See question 
  • Can I sue neighbors property management company for private nuisance?

    Erin’s Answer

    Rather than shooting the dog (which is a really awful implied suggestion by the way) maybe try telling animal control that you need to HUMANELY trap a large animal and want to rent a trap. Like they use for raccoons or coyotes or skunks or smarmy lawyers like us. Then, stick a nice juicy steak in the trap (preferably non-poisoned or you would perhaps require of my fair colleague's services), stick it smack-dab in the middle of your yard so there is zero question about where the dog is, and wait. Trap door closes, dog is in, on your property and then you call Animal Control to come get it.

    Alternatively, video record the dog in your yard from the safety of your windows when it is roaming. Even better, the dog is charging you because it knows that you are afraid. It is a power trip. It is telling you that it owns your yard too. You need to either go full-on Alpha and scare the bejeepers out of it by making yourselves big, loud, and scary, or make friends with it by standing your ground and giving it a very firm knee or foot in the chest if it gets aggressive in your space. Then yawn. Big loud yawn and look away. Not even kidding. It does the weirdest thing to dogs. They relax.

    Or you can always discharge your firearm in the vicinity of your property boundaries. If it's allowed.

    See question 
  • Can I recover medical costs from ex who stole my dog & withheld treatment for known medical condition?

    Erin’s Answer

    Your situation sounds awful. I'm so sorry. The legalities are indeed very tricky, but this site isn't going to solve your problems. On here, we can only give general, fairly vague, non-case, non-confidential information because this is a totally public forum. We advise people not to get into their cases on here because lawyers and judges read them at night (like me, now) and you might inadvertently say something that your judge or the ex's lawyer reads and uses in your case. (It happens a lot with criminal stuff.)

    If you go to the avvo.com Find A Lawyer section, enter Chicago and Animal Law. There should be several in your area who can offer a free consultation. But, it is unlikely that you will get free legal advice to fully take on your ex in court, and honestly, you shouldn't take him on yourself. You need someone who knows how to work the system to get your dog back and get the ex to abide by the agreement, or else... It's the same idea as their medical care. You go to the vet because the vet knows what to do to take care of your critter. You don't just self-treat off of Wikipedia. You need to do whatever you can to get a lawyer in court for you and your furbles.

    Good luck!

    See question 
  • Can I get in trouble if I logged into my moms email and read emails that may prove she is a victim to a scam?

    Erin’s Answer

    This was asked and answered in 2011, but Sarah Kriss' answer is good and still relevant especially about the terms of service. When we sign up for email services, pretty much every single one has the fine print contract that most people don't bother reading but just click AGREE to sign up. In that contract, the agreement between you and say Yahoo, you AGREE that your account and EVERYTHING about it is non-transferable. That means that when you share your user name and password with someone, you have just violated the terms of your agreement and TECHNICALLY Yahoo could lock your account and delete it.

    Soooo, (1) make sure you really, really have permission because it is a violation of privacy and (2) read what Sarah Kriss said about the CFAA.

    You could also just flat out ask your mom what happened to the sale proceeds of two houses in 16 months. Where is the paper trail of the house sales? On a side note, this is really important if she is receiving Medicaid and as an older woman she well may.

    Because this involves your mom, and she may be elderly and if so she is more protected by laws, I am changing your practice area to Elder Law. Guardianship would not apply unless you have or want to petition the Court to be her Guardian because she is incapable of self-care.
    Here is the link to the prior answers:
    https://www.avvo.com/legal-answers/is-it--illegal-to-log-into-someones-email-account--465913.html

    See question