I was rear ended. Totaled my car. His Insurence accepted liability. I received settlement for the car. Receiving chiropractor treatment. Still in pain.
Don't be lulled into believing the path ahead is easy. Oregon law no requires the insurer of the at fault driver to rapidly settle property damage up to the amount that they agree with it. It does not mean that you have an easy path to settlement for your injuries. You need to get representation immediately and cease any communications with the adverse insurance adjuster. At this point their agenda is to monitor you and get as much information as possible and offer you insubstantial amounts for a settlement with hopes you will take the bait and agree to an irreversible settlement before you have finished your treatment and are able to full assess you injuries. Don't take the bait. Get an attorney. That is your only hope for being treated fairly.See question
It's my weekend with my child. The custodial mother went to the child's school and walked into her classroom and pulled her out of school. So that the babysitter that I had arranged couldn't pick her up from school. Since I work and can't take her...
I don't know if you and the mother are having communication issues or mother is trying to defeat your parenting time and frankly I don't think it is wise to give details on a public web page. Just know that these types of details are important to get good legal advice. You really need to discuss what is going on privately with an attorney. The only generic suggestion I can make is use the court forms and file for a modification of parenting time asking for more specific details to be added as to who picks the child up and when and where the pickup takes place. That will prevent future misunderstandings.See question
I believe I need to file a Motion for Default and a Order for Default and A Proposed Judgement, but I have no templates or examples for Oregon. This was a Small Claims case that the Defendant enacted their right to jury trial. So we had to file a ...
Here is the link to the page for Marion County that has the forms you need. http://courts.oregon.gov/Marion/MaterialsAndResources/pages/smallclaimsforms.aspx If this wasn't in Marion County - google the web page for the county court you are dealing with. The forms should be similar but you should check the court's page just in case.See question
I am on the mortgage of a property that my ex-husband holds the deed on. He is unable to refinance and refuses to sell. He has 3 separate units being rented, one of which is an illegal apartment. The house is insured as a 1-unit rental. I know...
It is very foolish to exit a marriage and transfer the deed to your ex while still being obligated on the mortgage. It literally puts you in a position of having financial liability and no rights to direct how the property is used or to get it sold to pay off the debt. Normally a divorce lawyer will require that there is a deadline by which the property has to be sold or refinanced so that the debt obligated spouse can be freed from the debt. I would definitely go and see an attorney about what rights you have to get relieved of this debt obligation.
As for your exposure to an other problems, that is too complicated to respond to here on Avvo. You need to take all your paperwork - the divorce decree, the mortgage documents, and any other related documents to a lawyer and review everything. Most mortgage documents contain provisions of what the debtors are supposed to do, like maintain proper insurance, keep all taxes paid, etc, and failure to do so will can result in the mortgage company foreclosing on the property. There may also be provisions limiting the use of the property to solely residential and not rental. So see and attorney and review this.
Yes there can be other problems with local zoning and code ordinances. I don't know that you would be personally liable and can't really say, but if someone assess a fine or lien against the property it will reduce the net value available to pay off the loan if the property is sold and that could effect you.
Of course if you have no money or property to speak of, you may be able to just file bankruptcy and walk away from any responsibility for this property, the mortgage, or any other debts you have. That wouldn't be my recommendation as your first choice, but if you are considering bankruptcy for other reasons, that might also solve this problem.See question
Some one called on me to dhs how can I find away to see paper work on who called
Most reports to DHS are confidential to protect the identity of the informant. There may be a work around if you file a legal action for defamation or something like that and ask the court to order DHS to disclose the identity. I am really just guessing about that. But I suspect you can't just request the identity but it will be a long expensive process involving a lawyer and legal fees. Call a lawyer if you want to explore this. Right now you have to deal with DHS and satisfy them that you don't have any issues they need to be concerned with. You might want to hire a lawyer to just represent you with DHS as DHS can get carried away and over reach their jurisdiction. Having a lawyer represent you will keep them from doing more then they are legally entitled to do.See question
The right to a fast and speedy trial, when exactly does the clock start ticking? The day of arrest or? Can someone please explain to me how it works, thanks
Back in the days that I did criminal defense work, someone that was in custody had to be tried within 60 days of being held in custody from the day they were taken into custody. I don't think that has changed but I haven't done criminal work for many years. There was never any time limit to try a case if the person was not in custody. The entire point of the right to a speedy trial is that a person is not deprived of their liberty for an extended period of time while they are presumed innocent and just being held for trial.
This is the root of the controversy of the US holding foreign detainees in prisons outside the US, like in Guantanmo Cuba, so the US can evade the restrictions of the right to a speedy trial that would apply if the person was held on US soil.
You selected litigation as your practice area which is incorrect. Litigation is generally related to civil matters, not criminal matters. I have changed this for you, however you may need to repost the question and select "criminal defense" as the practice area.See question
We were lead to believe the 'hearing' was for her to state her case, instead they read her the Miranda Rights, she was not prepared to ask for legal council at that time, was she being charged? Now she has to go to court? Need professional advis...
You listed this as a family law case but you are discussing a situation where there were civil charges. I have no idea what the hearing was for and how it relates to the facts you are discussing. Simply put, it doesn't matter what is going on at the time, if in addition to the main event there is a crime committed, such as a fake ID being used or the use of a fake id at a prior time is discovered, any law enforcement officer may at that moment charge the person with the crime that they witnessed or discovered. If you want criminal advice, repost the question as a criminal question and be a little more specific as to the facts of what was going on.See question
I was served at 8:45 pm which I was waken and children asleep
Not that I am aware of. There are 10 limits for when creditors can call you to try to collect a debt - even with those limits 8:45 would be reasonable. Also I have never seen the rule on creditors be applied to serving a subpoena. The idea about a subpoena is that the process server, often a county sheriff, has to be able to actually find the person either at home or work, so they need as much leeway as they can get as people do all sorts of things to avoid being served.See question
I know that in the state of Oregon it's only allowed to have joint custody if both parents agree... I want sole custody now... it's been two years almost since the divorce has been final and I believe that since the other parent does not call the...
Wanting to end joint custody is a reason to file for modification of custody. You can file forms you will find at the courthouse to modify the custody from joint to sole custody. If there was a reduction in child support due to the joint custody, that could take away the reduced child support. This could also trigger a response from the other parent that may or may not cause you problems. You might want to talk to an attorney first so you can discuss all the particulars of this situation in private before you take action.See question
I moved from Springfield to lebanon 2 years ago and i have fallowed the parenting plan by commuting the 60 miles one way every other weekend. Now my daughters father has moved to Portland and expects me to keep going all the way which is now 85 mi...
This is a duplicate thread. https://www.avvo.com/legal-answers/when-a-change-of-address-is-filed-with-the-courts--2729917.html#answer_6750261 My answer remains the same - apply to the court for a modification of your parenting plan. There are forms you can use at the courthouse. You were told the next step already.See question