THE PARALEGAL BEAGLE  
(541) 728.6933
 

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Paralegal Services
Bend, Redmond, Prineville, Portland, Beaverton, Hillsboro, Medford, Salem, Corvalis, Tigard, Gresham, Oregon City, Forest Grove, Seaside, Tillamook

BELOW IS INFORMATION REGARDING JUST A FEW OF THE DOCUMENTS WE PREPARE.

DISSOLUTION OF MARRIAGE/RDP :     A dissolution ends a marriage/RDP and all direct legal relationships between the couple, except those specifically written out in the dissolution judgment. Such issues as spousal support, parenting time, support of children, division of property and payment of debts may be addressed in a written agreement. When both parties agree on these issues, the divorce is uncontested and the parties can file a Stipulated General Judgment.

To obtain a dissolution, one or both parties  will file all required paperwork with the circuit court, beginning with a petition  for dissolution.

A dissolution is granted by a judge after the necessary paperwork has been submitted, all required waiting periods have lapsed and all appearances before the judge are completed. In some cases it is not necessary to be physically present in the court to get a divorce.

MODIFICATION OF JUDGMENT/ORDER:    A motion for modification can enable one who has a current court order or general judgment for child or spousal support, custody or parenting time to request a hearing when he or she wants to pursue a change to the current order or judgment.

ESTABLISHING CUSTODY:    This is for individuals who were never married but have a child together. Technically neither has custody and both have equal rights to the child. In essence, either party may act as the custodial parent in making decisions. When the couple separate, one parent needs to be designated (or both if they agree to joint custody) as the "custodial parent".

AFFIDAVIT:    An Affidavit is a sworn statement of an individual and must be notarized.

DEED: 
    A deed is a document that transfers ownership of real property. It contains the names of the old and new owners, a legal description of the property, and is signed by the person(s) transferring the property.

After a deed gets signed and notarized, it should be recorded (filed) in the County Clerks office in the county where the property is located.  

INCORPORATION:     A corporation is a legal entity created under Oregon statute by submitting articles of incorporation with Business Registry. A corporation is owned by its shareholders, in whose names the shares are registered in the records of the corporation. The articles of incorporation must state how many shares the corporation has authority to issue.

A corporation acts as a single entity. It exists separately from its owners, and continues to exist even though the shareholders may change. As a separate entity, a corporation must file its tax returns. It may own property, sue, and be sued.

A corporation is managed by a board of directors. Except for the initial board, the shareholders generally select the directors. The number of directors is determined by the articles of incorporation or the bylaws. The directors must elect the president and secretary and adopt bylaws. The board may elect or appoint other officers, or the bylaws may prescribe how other officers are selected. The same person can hold two or more offices.

A corporation must have a registered agent in Oregon whose street address is the registered office. When a corporation is sued, the legal papers are served on the registered agent. Thus, it is necessary that the registered office have a street address. A registered agent can be an individual or a legal entity.

ASSUMED BUSINESS NAME (DBA):    The main reason to register your business name is to tell the public (and other businesses) who is doing business under that name.

A business name must be registered with the Corporation Division as an assumed business name if the “real and true” name of each person who is carrying on the business is not conspicuously disclosed to the public in the business name. Each person’s “real and true” name must include first name, middle initial and last name. Nicknames are not ‘real and true’ names and must be registered as assumed business names. If there are words that suggest additional owners, such as “company” or “associates”, the business name must be registered.

A business name that includes the “real and true” names of all owners’ may also be registered, but the registration is optional. A corporation, limited liability company, limited liability partnership or limited partnership does not need to register its name as an assumed business name, unless the entity wants to use the name without the entity type designation.

If a person transacts business with an unregistered assumed business name, he or she may not have standing in court to pursue or defend legal actions, and may find it difficult to do business, for example, getting licenses, opening bank accounts, and entering into contracts.

POWER OF ATTORNEY:     A power of attorney is a legal document that grants another person the right to act on your behalf. A durable power of attorney withstands the physical or mental disability of the person  giving the power. A durable power of attorney remains in effect even if the grantor becomes incapacitated and cannot make decisions for him or herself. A durable power of attorney is only effective if the grantor is alive.

We can prepare two types of  powers of attorney, one is for financial matters and the other is called a Limited Power of Attorney and only allows for specific powers.

SMALL CLAIMS:     Small claims court is for  people who want to take certain legal matters into their own hands. A small claims action allows an individual or business to be compensated by a party who has not performed according to an agreement or who had committed some wrongdoing. Typically, one brings a dispute before the small claims court that may not be significant enough to retain an attorney or to bear the expense of a full-fledged court case.

The small claims department of the court is designated to settle legal issues and problems arising from contractual or service disputes or other claims. The maximum amount one is able to recover in small claims court is $7,000.

If the person you have filed the complaint against (defendant) responds within the 30 days allowed, a hearing date will be scheduled through the court. You and the person you sue will both be able to tell the judge your side of the story. You should bring all the evidence you want to present to the judge with you. The judge will listen to both sides and then make a decision. If the defendant does not file a response, the court will issue a default judgment.

PROMISSORY NOTE:     A promissory note is a written document in which a borrower agrees (promises) to pay back money to a lender according to specified terms. It typically includes the amount of the loan and the terms and timing of payback. A promissory note can be prepared in conjunction with a deed of trust (or trust deed) if the lender wants to secure the note with collateral. A deed of trust creates a voluntary lien on real estate that the borrower owns or is purchasing with the loan, and it helps to ensure that the lender will get paid back.


GARNISHMENT:    Garnishment is the procedure by which a creditor invokes the authority of a circuit court, justice court or municipal court to acquire garnishable property of a debtor that is in the possession, control or custody of a person other than the debtor.

    And many more................


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