Q: How do a file a case above small claims where I intend to represent myself?
I have a breach of contract case against a contractor who did improper work on my home. I completed the complaint and mediation process with the State of Oregon Construction Contractors board. The contractor has not responded to any communication and did not appear for the mediation appointment with the CCB. I have the failed inspection reports and a lot of documentation about the case.
I don't know how to initiate the case because the amount is estimated to be above small claims limit of 10K, and the process is not clear to me.
Your assistance is appreciated!
A: You would need to file a complaint for breach of contract in the circuit court for the county in which your home is located. In your complaint, you would need to make allegations to support your claim, including allegations to support the existence of a contract, how the contractor breached it, that you have performed all conditions on your part to be performed, and the amount of damages you suffer as a result of the contractor's breach.
The Oregon judicial department has a self help page that can guide you through the filing process, which can be done electronically: https://www.courts.oregon.gov/how/Pages/file.aspx
Assuming that your contractor is licensed with the CCB, there are certain procedural requirements you must follow in order to obtain access to the contractor's bond for any judgment you obtain. I highly recommend you consult with an attorney that practices in this area to ensure your complaint is filed properly so you can hopefully obtain access to the contractor's bond. Good luck.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.