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Oregon Civil Litigation Questions & Answers
0 Answers | Asked in Civil Litigation for Oregon on
Q: How can I get my ex to remove her personal property in a timely manner when she is not cooperating?

I am wanting to see what options I have legally to have a persons belongings removed from a property we are in the process of me buying her out of. The other person has not lived in the home for a little over 2 months and has not contributed to paying any mortgage or bills for the home since march... View More

1 Answer | Asked in Civil Litigation for Oregon on
Q: Can I file and collect on a small claims for someone who only had VA disability income?
T. Augustus Claus
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 14, 2023

Yes, you can file a small claims case against someone who receives VA disability income. VA disability income is generally protected from garnishment or seizure by creditors, which means it may be challenging to collect the judgment if the person has limited assets or income. However, filing a... View More

1 Answer | Asked in Bankruptcy, Consumer Law, Civil Litigation and Collections for Oregon on
Q: I have a lot of negative equity debt from an old repossessed car loan. I have no income or assets, what can help w/ this

In Oregon, I had an old car that broke down but somehow skirted around my comprehensive, gap, and insurance coverage. I was in a desperate situation and the car it was replaced with was overly expensive and I ended up with $12k of negative equity on top that I wouldn't have been able to... View More

Timothy Denison
Timothy Denison
answered on Jun 7, 2023

Consult a competent bankruptcy professional to assess your current financial situation. Give n your status, Chapter 7 might be just right for you.

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Oregon on
Q: Can someone enter into a contract regarding certain activities being done on my property without my knowledge.

I own 20 acres and I am the sole owner of it. I am married but my husband is not on the deed. Our neighbors obtained stalking orders against him regarding his shooting on my property. I was pregnant at the time and he didn't want me to stress in fear of losing the baby so he didn't tell... View More

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 24, 2023

In most cases, a contract requires the consent of all parties involved. If your husband entered into a contract regarding activities on your property without your knowledge or consent, it may raise questions about the validity and enforceability of that contract. However, legal matters can be... View More

2 Answers | Asked in Civil Litigation, Civil Rights and Collections for Oregon on
Q: What kind of attorney would I need to get compensation for being wrongfully charged, locked up and losing a successful

I won the case against me but not without spending a lot of money and sitting on house arrest for 2.5 years ruined me and any hopes of fixing my construction business

Gregory L Abbott
Gregory L Abbott
answered on Apr 20, 2023

Normally one needs considerably more information before being able to tell you anything. But assuming you are referring to a criminal prosecution, who is it you think you can successfully sue? It sounds as if you were prosecuted for some crime, went to trial and won. If essentially accurate, that... View More

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1 Answer | Asked in Civil Litigation and Probate for Oregon on
Q: I was previously the sole trustee for my late parents irrevocable trust. Myself and my brother are beneficiaries.

My brother has fought my legal authority from day 1 and done everything he could to conceal, withhold and hide debts owed , creditors etc… I’ve been trying to administer the trust for two years now and he’s got an attorney that’s had me removed as trustee and is now suing me for failure to... View More

Theressa Hollis
Theressa Hollis
answered on Mar 27, 2023

It is important that you hire a litigator to represent you. This will be the only way you will be appropriately defended and have any chance of receiving your share of the inheritance.

1 Answer | Asked in Civil Litigation and Criminal Law for Oregon on
Q: Can a business in oregon, allocate theft on you and force you to leave. Then ban you from all of there stores. Innocent.

Entered, began shopping. After a short time, the manager comes up and says she has me on camera with a sound bar shoved down my pants.

Then says so I'm going to have to ask you to leave.

Confused, I say, I don't think so; can I see the video. She showed. The video depicts... View More

Tim Akpinar
Tim Akpinar
answered on Jan 25, 2023

An Oregon criminal defense attorney could analyze this best, but your question remains open for three weeks. Until you're able to consult with a local attorney, it may be best to stay away from that store. They could create bigger headaches for you than the loss of store points. Good luck

1 Answer | Asked in Constitutional Law and Civil Litigation for Oregon on
Q: Can a judge rule on a case if defendant was not served with a complaint nor was a summons prepared, submitted or issued?

A complaint was filed in civil court. Before it could be served and before a summons was drafted submitted or served, the defendant motioned repeatedly for a dismissal. All were unanswered by the courts as a lawsuit had not been fully initiated; until an ex associate of the defenses lawyer was... View More

John Michael Frick
John Michael Frick
answered on Jan 2, 2023

Ordinarily, in a federal lawsuit, the filing of a motion to dismiss by a defendant constitutes an appearance such that the issuance and service of a summons is no longer necessary. The main purpose of a summons is to compel an appearance by the defendant. So, if a defendant appears by filing a... View More

1 Answer | Asked in Animal / Dog Law and Civil Litigation for Oregon on
Q: I won the lawsuit to get my three abducted pets back, but where do I go from here?

My pets were abducted two months ago by my ex-roomie who was acting very mentally unstable leading up to me asking him to move out of my home. I filed a lawsuit in Washington County small claims court against him, which is where my home is located and where the defendant relocated. I recently got a... View More

Gregory L Abbott
Gregory L Abbott
answered on Dec 12, 2022

Yes, you apparently have a Judgment in your favor but now need to be able to enforce it. In this case, that appears to have to be done by a Sheriff and that in turn only happens when the Sheriff gets an express Order (Writ) from the Judge telling the Sheriff to go enforce your Judgment but taking... View More

1 Answer | Asked in Employment Law and Civil Litigation for Oregon on
Q: I gave and fulfilled 2 weeks prior to leaving my job. Final paycheck wasn't ready until 4 days later, Is this legal?

The 2 weeks notice I gave to Masterbrand Cabinets Inc. ended on a Friday, I was told the would have my final paycheck on Monday so I drove 30 miles to pick it up, but they still didn't have it ready and told me to try back the next day. So I drove 30 miles back home and the next day again... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Nov 13, 2022

Since you gave that much notice, your final check was due on your last day, so it is well overdue. You are entitled to an extra 8 hours of pay for each day they were late, which started that Saturday. I would contact an employment attorney in your area, and your employer will also have to pay... View More

2 Answers | Asked in Civil Litigation, Consumer Law, Personal Injury and Civil Rights for Oregon on
Q: Is it legal for hazmat to be called close too floor but management not inform or evacute our building
Jennie Lynn Clark
Jennie Lynn Clark
answered on Sep 27, 2022

I am not sure if I understand your question. I understand it to mean that people with hazmat suits recommended closing all or part of a building and management did not follow the recommendation. I am not aware of any laws that require obedience to people wearing hazmat suits. However, if someone... View More

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1 Answer | Asked in Consumer Law, Car Accidents, Civil Litigation and Insurance Bad Faith for Oregon on
Q: Can I sue my insurance company for stringing me along and not paying out on a claim that's affecting my work and housing

Right off the bat I had to sign a huge stack of papers which I was kind of unsure signing to begin with, but it was a relinquishing my the information from all bank accounts all of my person to person pay apps that. my call log on my phone all any phone records. I also had to provide phone numbers... View More

Jennie Lynn Clark
Jennie Lynn Clark
answered on Sep 21, 2022

You must have a basis to sue your insurance company. You cannot sue your car company merely for asking for documentation to support a claim you are making. To answer this question, more context is needed. What is the underlying claim you are making that would entitle you to insurance coverage?... View More

2 Answers | Asked in Civil Litigation, Small Claims and Probate for Oregon on
Q: Grandson took my sons car title after he died. The agreement was to sell the car to payback funeral cost What can I do?

He has the title in his girlfriend's name (he's unable to obtain a driver's license) and they are in Washington State. I have the car and would just like this to be settled. I covered the cost of the funeral and my son's debts. I just don't know what my rights are or what... View More

Theressa Hollis
Theressa Hollis
answered on Aug 22, 2022

I don't have enough information to answer your specific legal question but, in general, if a car owner dies in Oregon and no probate is filed their intestate heirs can fill out an Inheritance Affidavit at the DMV and transfer their car as the intestate heirs agree. So, if your son was an... View More

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1 Answer | Asked in Contracts and Civil Litigation for Oregon on
Q: Can i sue the dealership?

I have a 60 day warranty. I brought it back after one week and told them we’re where issues, they said I’d have to pay 180 for diagnostic even though on paper it said 60 days DEALERSHIP PAYS for labor, parts used, diagnostics, etc. still tried to make me pay, decided whatever, power steering... View More

Jennie Lynn Clark
Jennie Lynn Clark
answered on Jun 27, 2022

It sounds like you may have enough evidence for a potential lawsuit. Of course, an attorney would need to verify the content of the contract and the diagnostic tests. This is a malpractice case and a breach of contract case. It is a breach of contract because they are not honoring the warranty... View More

1 Answer | Asked in Bankruptcy and Civil Litigation for Oregon on
Q: My round up lawsuit made me an offer I accepted 8 months ago . Now I find out my lawyer has filed his own bankruptcy

Do I need to be concerned

Timothy Denison
Timothy Denison
answered on Jun 26, 2022

No. That money belongs to you. Unless your lawyer received and misappropriated and kept the money (which is a crime), you should not be affected by his bankruptcy.

1 Answer | Asked in Foreclosure, Civil Litigation and Construction Law for Oregon on
Q: I want to sever a civil lawsuit naming me and my son as co-defendants and help with civil procedure.

A building contractor that I individually contracted with put a mechanics' lien on the house where he performed work in Portland and is foreclosing. My son and DiL are the title owners of record, live in CA, and had no knowledge. I have no legal interest and acted as an implied agent, so... View More

TeAnna Rice
TeAnna Rice
answered on May 13, 2022

Everyone named in this action should hire their own attorneys to assist on this matter since everyone has their own interests in it. In order to have someone removed as a party, the proper motions need to be filed and granted - it's not as simple as just removing them.

You can find...
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1 Answer | Asked in Civil Litigation for Oregon on
Q: Can a business post “under surveillance” signs if they don’t really have view of the area?

A car was dropped off after hours at a closed location

Tim Akpinar
Tim Akpinar
answered on Mar 19, 2022

Only an Oregon criminal law attorney could advise meaningfully under the posted category of Criminal Law, but your post remains open for a month.

From a CIVIL law standpoint where security became an element upon which damages were claimed, it could possibly become relevant, for instance, if...
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1 Answer | Asked in Employment Law, Contracts, Business Law and Civil Litigation for Oregon on
Q: Does the statute of frauds apply to employment agreements?

I was given an offer of employment. I accepted the position and I quit my job to take the new job. The day before my start date I was informed that my start date was being postponed due to weather conditions. After inquiring as to when I would begin working for them I was told that they would not... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jan 5, 2022

The statute of frauds is used to basically invalidate contracts, which is not what you are trying to do.

You may have a breach of contract if you can show the contract was for a certain length and thus it was no longer at will, or potentially a promissory estoppel claim due to quitting your...
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1 Answer | Asked in Civil Litigation and Landlord - Tenant for Oregon on
Q: What does a person do when they have a (rather substantial) claim, yet is unable to even get in contact with a lawyer?
TeAnna Rice
TeAnna Rice
answered on Dec 23, 2021

There is no doubt that there is an shortage of attorneys and there will only continue to be some. Furthermore, due to COVID-19, trials are not moving fast enough, which leads to an increase in attorney workload. The best thing to do is to continue to search for an attorney to assist. Over the... View More

1 Answer | Asked in Civil Litigation and Estate Planning for Oregon on
Q: Filing a small estate affidavit in Oregon while being an convicted felon

Hello, my good friend of mine recently passed away. She had an will (notarized) saying that I was sole beneficiary to her whole estate no one else. She had no living relatives or family members. I was reading the paper work for the small estate affidavit saying that no convicted felon can file. I... View More

Theressa Hollis
Theressa Hollis
answered on Dec 7, 2021

If you are a convicted felon Oregon law does not allow you to file a Small Estate Affidavit. I recommend that you have someone else file it. Possible options are someone who is named as the alternate Personal Representative, an intestate heir (immediate family to the decedent) or a creditor... View More

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