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Robert Lloyd Mauger Jr
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Robert Mauger’s Answers

1,339 total


  • How do I file a motion to dismiss?

    I'm being sued by my previous landlord for unpaid rent more than a year later. No damages and not under a lease. I want to file a motion to dismiss how do I do that? Do I request a Jury Trial first? Or just a regular hearing?

    Robert’s Answer

    I'm assuming this is small claims, since you're asking about a jury hearing. The small claims court doesn't really have much in the way of motion practice. You can have it removed from small claims court by requesting a jury trial and then if your landlord refiles in circuit court file a motion to dismiss there. Or you can argue your legal position that the statute of limitations has ran in small claims court at the hearing. Depending on the court, the hearing might not be conducted by someone with a bar membership, so how much attention is paid to technical arguments may vary. If you want a lawyer to help you out and argue on your behalf, you'll almost certainly need it transferred out of small claims.

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  • Can I force the sale of a house even though I signed a quit claim deed giving interest in the property to my ex?

    My ex and I own 2 properties with mortgages together. I live in one house, he is renting out the other house, and also an illegal apartment and a shop on the property at a profit. He granted me interest in the house I am living in with a quit cl...

    Robert’s Answer

    It's a little difficult to track, but from what I understand you're trying to get off the mortgage. Without funding (from a new lender) or refinancing approved by the bank, that probably isn't possible. The bank has the agreement with both of you and no matter what agreement the two of you have between each other, the bank is entitled to payments from either of you under their agreement with you. You may have remedies against your ex depending on what your agreements/dissolution judgment say (was there a marriage?). You might want to discuss those options with your own attorney. But even if you successfully transfer the property to your ex, the debt to the bank will stay with the both of you until it's paid off or refinanced.

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  • City trying to shut down a small business owner

    I live in a small town in NE Oregon. My friend owns a Mechanics business. It is in a small commercial district away from the main part of town. For some reason, the "City" told him he "had too many cars" and threatened to take his license. Among ...

    Robert’s Answer

    Canceling a business license is not the same thing as taking the property, so if the friend owned the property, he should still be able to sell it. Whether or how the business can get its license back or a new owner can get licensed is something that your friend (or his son) would need to review with his own attorney or the city staff responsible for the notices or administration of the business program. Good luck,

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  • Is this legal?

    Hello again. My question this time is: Is it legal to issue multiple eviction notices in same month? Just rcvd second notice for different reason

    Robert’s Answer

    I agree with Mr. Parks: the answer is yes. And you should presume that your landlord might proceed on any of them unless you have something in writing retracting the notice. So don't ignore the first notice just because other notices came after it or ignore notices that expire later just because your landlord didn't act on the first one to expire.

    Good luck.

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  • Can anyone help me get a judgement reversed and a case reviewed again from civil court?

    I filed a case in civil court against the previous owner of a home I purchased. After purchasing the property I realized there was mold. When it started raining there was also water leaking into the room. The previous owner stated he had the wate...

    Robert’s Answer

    It is possible that a judgment under the circumstance can be overturned. Without knowing more about the situation, it's hard to know how likely you are to prevail on getting the judgment overturned or prevailing in your complaint.

    You can use the "Find a Lawyer" tab on Avvo, Google, the Yellow Pages, or the Oregon State Bar Lawyer Referral Service amongst other ways to find an attorney.

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  • Is there anyway we can stop the state from garnishing my husband's wages?

    My husband owes $48,507 to the state of Oregon for restitution we have been making payments on this amount but we missed one payment due to financial difficulties and have made payments after that missed payment but just receive notice in the mail...

    Robert’s Answer

    His employer should be responsible for calculating the amount of garnishable wages. He should get to keep either 75% of his aftertax paycheck or $218/week, whichever is greater. I agree this likely isn't enough to live on for a family of 6. You might look into eligibility for government assistance or bankruptcy--but ultimately, there's not a simple legal solution to the fact that it's difficult to live on a small income with a large amount of debt.

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  • Can I have a lawsuit against someone for slander & going around telling people that my husband and I are sex offenders? We arent

    The land lord thats trying to evict us is going around telling people we are sex offenders so they wont rent to us and our baby. Can we have a lawsuit brought against them?

    Robert’s Answer

    With sufficient evidence that the information is being shared by your landlord, that sounds like a pretty compelling libel case. You should talk with your own attorney.

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  • Is there anything I can do to get my landlord to work faster about taking care of requested problems with my rental home?

    I have been renting since April and it is now August. We have a rat problem, the front door needs to be replaced, a vent in a bathroom is not working, holes in the outer foundation, that make the rat problem worse, that need to be repaired and all...

    Robert’s Answer

    You should put your requests in writing, in a letter, keep a copy and mail it to your landlord. Putting things in writing makes it much clearer that your landlord received actual, written notice of the habitability concerns. Written notice also triggers the availability of some remedies and provide evidence if your landlord decides to retaliate by trying to raise rent or terminate your lease. For some minor (under $300) repairs, there is a deduct and repair process by which you can hire someone to do the repairs and deduct it from the rent under ORS 90.368. http://www.oregonlaws.org/ors/90.368

    For bigger concerns, after giving sufficient written notice you can terminate your lease (not always a preferred option), seek damages, or get a court order forcing the landlord to take repairs. ORS 90.360 - 365. At some point, it might make sense to withhold some or all of your rent, but I would not recommend doing that without talking to your own attorney, as it's a good way to get yourself evicted.

    The City of Corvallis also has a Rental Housing Program, which may offer additional advice and remedies. http://www.corvallisoregon.gov/index.aspx?page=354

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  • Can a landlord charge a full months rent at the beginning of a lease and not provide access to the apt until later in the month?

    A student apt complex wants to charge for all of Sept at the monthly rate. But they will not allow move in until the 23rd of the month. Since we need to move our daughter in on the 17th, they want an additional fee for "early" access. Seems pre...

    Robert’s Answer

    I agree with Mr. Abbott, this does not sound like a fee that a landlord can charge. ORS 90.295 - 302. Student housing seems plagued by national property management companies who know little of state laws and who deal primarily with a population that doesn't know much about their legal rights. That said, strategically, you or your daughter might be better off paying it, getting access to the property, and then seeking counsel to fight about the return of the fee, your costs, and attorney fees.

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  • I am looking for an estate litigation attorney

    I have an attorney he is the one who wrote my Dads will and suggests I may need to find another. In case there is a law suite against me since he can attest to Dads condition of awareness when he wrote the will. One of my sisters is bringing cl...

    Robert’s Answer

    Avvo has a "Find a lawyer" tab. There's also Google, the Yellow Pages, or the Oregon State Bar Lawyer Referral Service.

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