Q: Anyone able to offer some unbiased direction for someone having to self represent in Oregon?
I am looking for some direction on how to move forward in a civil suit. I feel as though my side has not been represented because I am not doing something right but the plaintiff has submitted information that the judge is seeing? The short version is that the plaintiff is dragging out this claim he filed on purpose until I am not able financially or otherwise to continue fighting. He stated exactly that in one of his several threatening letters to me, however, if he was so right and it was so easy to win, wouldn't he have already done that. I am trying to hold my own until the settlement hearing in June but wonder if I should be doing something in the mean time especially because he just got a new attorney.
A:
Sorry to hear of your plight. The litigation process can be confusing, long, time consuming and expensive, especially if you do not have an attorney. My first advice is try to find an attorney. If the amount you can lose is the same or more than the cost of an attorney you will be better off, this would be your best option. If you cannot afford an attorney, you may attempt to call the Oregon State Bar or maybe even a University near you who may have attorneys or students that might be willing and qualified to provide free or low cost services. This first option is your best, because it seems the other side has an attorney and you will be outmatched when it comes to law and procedure.
If you cannot afford an attorney, just make sure you have all the document you need to defend yourself. Keep them in chronological order and try to keep track of them in a spreadsheet. Research Oregon law as it pertains to your situation (going through the complaint is a good start when trying to understand what law will be relevant) and try and understand what parts of the law apply to your situation. Match up how any proof you have can help defend against any element of the Plaintiff's case. As a simple example, if the other side is claiming breach of contract for non-payment, gather any receipts showing payment. If the other side is claiming fraud, gather any documents/evidence (text messages, emails etc.) that tend to show that all information was provided to the Plaintiff before the contract was signed or that the Plaintiff had knowledge of certain facts that he claims he did not have.
Here is a link to the Oregon Uniform Trial Court Rules. https://www.courts.oregon.gov/programs/utcr/pages/currentrules.aspx This might help you get a little more familiar with Court procedures. Be mindful though that there are also local special rules depending on where the litigation is being conducted.
Finally, ask the clerk of the court questions. While they cannot provide legal advice, they may be able to help you navigate the filing of documents and/or otherwise respond to any pleadings in the case. Hope this information helps and best of luck!
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