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Gregory L Abbott

Gregory Abbott’s Answers

2,980 total


  • What do I need to get a repossession letter?

    My husband sold his truck and wrote up a contract that both parties signed. In the contract it states if the payment is a month late, the vehicle can be taken back. He is almost a month late with payment. When he comes back into town we were plann...

    Gregory’s Answer

    You don't mention anything about the Title to the vehicle. Normally, if you want to perfect a lien on a vehicle, you are listed as a lien holder on the Title, while the debtor is listed as the current actual owner. If you did not do this, I question exactly what sort of security interest you may or may not actually have in the vehicle. Still, if the Title happens to still be in your husband's name, it may (or again, may not) be as simple as hopping in and driving it off.

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  • I sold my house gave 30 days notice and tenants refuse to leave

    I sold my house and gave my tenants notice on the 14th of this month. Mailed and posted on their door. They were out of town I also texted them that they got it and to please let me know when they got it. They didn't get home till a week and a hal...

    Gregory’s Answer

    First, are the tenants on a month to month tenancy or a term lease? If a term lease, they have a right to stay at least until the end of the term. If it is a month to month, then yes, you can terminate their tenancy with the proper notice, properly drafted, and lawfully served. Whether that includes posting it on their door depends upon whether the written lease provides for that. It also can affect how the time is legally calculated. Under State law, under some specific circumstances, a seller can terminate a month to month tenancy with 30 days notice. Otherwise, if the tenants have been there for a year or more, State law requires at least 60 days notice. BUT if the rental dwelling is within the city limits of the City of Portland, City ordinance requires landlords to provide at least 90 days notice to terminate a month to month tenancy. Rent is apportioned on a daily basis and is simply pro-rated for the last month. If they pay rent for days past the termination date, you simply refund the over-payment within at least 10 days or you could lose the right to terminate the tenancy. In the end, if you need them out before the 90 days (or really before the 90 days plus time to evict if they fail to get out by day 90) is up, you may want to see if you can buy them out. $1,000 contributed towards their moving expenses may be faster and cheaper for you in the long run than going through the eviction process IF they are agreeable. The key is you cannot force them to agree to any such proposal. If they do agree, be sure not to pay them until they are fully out and restore possession to you. Otherwise you can be out the money and still have tenants.

    Make any mistake in this whole process, and you may well have to pay their court costs, attorneys fees, and start over with another 90 days notice. It is unclear what you mean by they say they will refuse but if that includes breaching their lease terms, then you may be able to get rid of them much, much sooner. All in all, you may want to review everything and develop a game plan with the help of a local landlord-tenant attorney. It will maximize your chances of getting everything right on the first try. It could save you considerable funds and be sure they are out as soon as is possible. Good luck.

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  • Can a landlord stipulate a 60-day notice in a rental lease?

    We are finishing a year-long lease and plan on staying. It was a 12-month lease with a 30-day notice stipulation. We paid the first and last month rent when we moved in. As this is the last month of the current lease, I thought rent was covere...

    Gregory’s Answer

    First, yes, a last month's rent usually applies to your last month being there, be it at the end of a lease term or the last month of any continued residence. No, normally it would not affect your obligation to give 30 days notice, NOT 60. The question is, if you have now agreed to it, is that agreement enforceable? Maybe yes; maybe no. In my opinion that would take careful examination of all the facts and details. There is an additional potential issue of whether email is sufficient to bind either party. Also understand that if you are within the boundaries of the City of Portland, your landlord must give you at least 90 days written notice to terminate your tenancy without cause - and that is not affected by whatever your lease says and it must be in writing, either handed to you or mailed normal first class mail to in order to be effective - email or text message definitely does NOT count for that. If mailed, he has to add at least 3 extra days. As to the legality/enforceability of "all other details of the last lease" being legal and enforceable, I would want to look at ALL documentation surrounding that before committing myself on it. Just so you know, under a month to month agreement, if the landlord ever wants to raise the rent, he now must give you at least 90 days advanced written notice and again, email, text message, etc. does not count and is not likely to be enforceable. Questions? Review everything with a local landlor-tenant attorney. Good luck.

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  • I was served with a restaining order and sent my ex an email asking when I could get my things, she replied then called Police

    My ex and I divorced after 2 years but have continued to live together for a total of 14 years. During all but the past years I paid all the bills, rent, electric, food, cable, internet, car, insurance. In 2012 I received $50,000 and gave it to he...

    Gregory’s Answer

    Mr. Bodzin is absolutely correct - if there is an active restraining order against you, you may not have any contact with the petitioner (your ex) - no phone, no text, no email, no in person contact, no Facebook messages, no questions or comments passed through 3rd parties (except normally through your attorney), and if you share the same dwelling, you cannot go back there if she is there. Period. As you found out, if you do, you are subject to immediate arrest and perhaps being jailed. Dealing with this restraining order should be your top, immediate priority since you will have a limited amount of time to legally object to it and to have your side of the story told to the Judge. Otherwise, it will become permanent - and that sort of record can affect you for the rest of your life. It can stop you from getting a security clearance if you ever need one for a job or otherwise; it can stop you from legally owning firearms; it can certainly affect your ability to get a job, depending upon the prospective employer; and a variety of other things.

    All this said, you may or may not have a valid "lease" agreement that may or may not be technically enforceable. Even if it is, it does not mean you are free to just return to the house if she is there. It does mean, however, that you are entitled to recover your personal property left at the house but you need to work that out through your attorney or, if neither of you has an attorney, perhaps through the Judge. She is free to move your property into more convenient storage but she is not free to just dispose of your property without providing you written notice of her intent to do so and allowing you time to arrange an appointment to pick your things up. There are strict time deadlines on that however, starting when she mails you a letter notifying you of her intent to dispose of your property so you need to respond promptly but NOT directly; go through your attorney or her attorney or the court. Any other approach may land you in jail. You may well have to have others actually be the ones to pick up and/or move your property so that you do not have any contact but that is just one of a myriad of details that have to be worked out.

    All in all, you need to consult a local attorney who deals with restraining orders to learn your options and rights. This is NOT a do-it-yourself project.

    Best of luck.

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  • In the state of Oregon can they take 75% of your net income?

    I have a writ of garnishment. The debt is $1026.23. It says they will take which ever is the greater amount a) 75% of my take home pay or b) $218 for any period of 1 week or less. I make less than $300 per week. I barely make my rent, utilities, f...

    Gregory’s Answer

    I suspect you are misunderstanding what they are trying to tell you (or they are simply trying to scare you). With few exceptions (child support, IRS, etc.), the most all creditors combined can garnish your wages for is up to 25% of your net take home pay and perhaps not even that much if you are only making $300 per week. It is unclear who is telling you this or what the debt is for or even if you may have claims against your ex for him to have to reimburse you. Regardless, they normally cannot garnish your wages unless they have already sued you in court, won, and have a legal Judgment and Money Award against you. You may want to review everything with a local collections or bankruptcy attorney to see if there is anything you can do. Depending upon the rest of your debt structure, you may want to consider filing for bankruptcy protection that would stop the garnishment(s) and most likely discharge the debt or Judgment against you. Most bankruptcy attorneys offer initial consultations free and most (but not all) debts are fully dischargeable, giving you a clean slate to start over from. Best of luck.

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  • Can my employer double my wage garnishment due to an error on their part?

    I am currently being garnished due to debts to two different creditors. 25% of my net wages are being garnished, and I am paid twice monthly. Last pay period, my check was not garnished (the accountant apparently forgot) and the error was not noti...

    Gregory’s Answer

    You need to see a collections attorney asap. No, they cannot take more than 25% for garnishments. Your employer technically is on the hook to the garnishor for their error but you will still likely owe the employer; just not have to pay it at a rate exceeding 25%.

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  • Do i have to ask permission from the Landlord if i wanna bring a motor vehicle and store it in my backyard?

    So i have a dirt bike and a 4 wheeler park in my backyard, and stacked or fire woods, and set of replacement tire for my car and our truck. unfortunately my landlord said he came by and look at our yard and he claims that it is looking like a junk...

    Gregory’s Answer

    As Mr. Stevens said, your lease term provisions will likely govern what you can keep in the backyard though I think he will be hard pressed to say no firewood if you have a wood burning fireplace as long as it is neatly stacked. As for being gone more than a week without notifying him, again, look at your lease though most leases do indeed require you to notify him if you are going to be gone for more than 7 days. He is NOT allowed to just wander your backyard or inside your house without providing you at least 24 hours advanced notice and you are free to tell him no so long as you don't do so unreasonably. If he enters your property anyway, or if he does so without giving you at least 24 hours advanced notice, it is worth a month's rent plus your court costs and attorneys fees for each such entry you can prove has occurred within the last year. Lastly, you don't say what form of tenancy you are on - month to month or a term lease. If it is a month to month, while it is illegal for him to retaliate against you for asserting your rights, the burden of proof would be on you and retaliation is a very difficult case for a tenant to win. So don't be too surprised if he gives you a 60 day no cause termination of tenancy notice if you assert your rights and are a month to month tenant. Questions? Review everything with a local landlord-tenant attorney.

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  • Lease threat

    It's not easy for me to ask due to mom being a drug addict. I was told when i was 18 years of age i signed a lease agreement that was 5 years ago. I was threatened by landlord with an eviction notice to my credit report if i didnt pay $1500.00 I...

    Gregory’s Answer

    It is a bit unclear as to how long ago you actually paid this ex-landlord; where that rental was located; or even if you dispute owing the money to begin with, as well as what the money was for. Damages? Unpaid rent? Something else? You may (or may not) be too late to do anything about it - there is generally a 1 year statute of limitations on any lawsuit dealing with residential landlord-tenant matters - but the only way to really know anything is for you to gather every bit of documentation and information you have (lease, demand for payment or other threats, proof of your payment, etc.) and take it to a local landlord-tenant attorney for a proper evaluation of what, if any claim(s) you may have.

    Good luck.

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  • What can I do to stop my landlord from shutting off my utilities, and basically harassing me ?

    My land lord posted a 72 hr notice on my motor home door on July 15th stating I had to pay rent plus late fee of $50 by Monday July 18th. On Sunday night when I got home he had the manager of the rv park disconnect my power. I reconnected it and ...

    Gregory’s Answer

    Posting your situation a second time won't change the good advice Mr. Stevens already provided - go talk with a local landlord-tenant attorney! No, it is not lawful for a landlord to cut off your power. IF a 72 hour notice demands payment of both the rent due and a late charge, it most likely is invalid and unenforceable. Regardless, in the end, if a landlord refuses to act lawfully and you can't persuade him to act otherwise, you need to talk with a local landlord-tenant attorney. They can force the landlord to comply and likely force him to pay for your costs and damages besides.

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  • After 10yrs I was given a 60day notice. Ive got a 6yr old. Can she move on to property and order me around?

    Ive got a 6 year old Ten yrs at house 60day notice Shes lies about reason to evict several times, asbestoses, remodel, moving back........ She threatened to call the cops and has., leaves nasty notes on my door garage cars.......,u...

    Gregory’s Answer

    I agree with my colleague - you need to review everything with a local landlord-tenant attorney. You may well have claims against her. However, assuming you are on a month to month lease agreement, giving you at least 60 days advanced notice (provided the notice contains all the information it is required to and was lawfully served upon you) is her right and the way to terminate your tenancy without stated cause. The sooner you see a local attorney, the sooner you are likely to know if you really do have to move or not. Good luck.

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