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Oregon Civil Litigation Questions & Answers
0 Answers | Asked in Family Law, Personal Injury, Child Custody and Civil Litigation for Oregon on
Q: I want to know how many rights I want to take my daughter, how I can have my daughter instead of giving her to her mom

Her mom is verbally abusive towards me. I am not allowed to say anything about how my daughter is treated by her brother.

0 Answers | Asked in Contracts, Civil Litigation, Landlord - Tenant and Small Claims for Oregon on
Q: Is it legal to record a FaceTime call with roommate without their knowledge or consent while discussing bills

We had a FaceTime meeting to discuss our final bills as I move out and towards the end of the conversation they informed me they had been recording the conversation. Both parties were in Portland Oregon at the time of the conversation

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... Read 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...
Read more »

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... Read 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... Read 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... Read more »

1 Answer | Asked in Civil Litigation and Small Claims for Oregon on
Q: Is there a statue of limitations in Oregon regarding civil suit?

Specifically in Umatilla Co.

Gregory L Abbott
Gregory L Abbott answered on Oct 6, 2021

Yes. What it is depends upon the nature of the civil suit or perhaps what claims are elected to be made - i.e. some events may give rise to more than one way of claiming damages and each may have a different statute of limitations.

1 Answer | Asked in Civil Litigation and Small Claims for Oregon on
Q: In Oregon, if I want to sue someone for defrauding me, what kind of civil suit attorney is needed
Gregory L Abbott
Gregory L Abbott answered on Aug 10, 2021

You should very carefully review things with a local tort attorney. Fraud is often difficult to prove; you normally must prove specific damages, and the standard of proof is higher than for most other civil lawsuits (Clear and Convincing as opposed to just a preponderance). Often there may be... Read more »

1 Answer | Asked in Civil Litigation and Small Claims for Oregon on
Q: Are there any pro Bono or low cost/payments attorneys near 97801 that can help me file a civil suit against someone.

Thousands of dollars = $10,000.00+.

Gregory L Abbott
Gregory L Abbott answered on Jul 30, 2021

If you qualify financially, contact the Oregon State Bar Association's Modest Means program for names of lower-cost attorneys in your area.

1 Answer | Asked in Civil Litigation, Contracts, Landlord - Tenant and Real Estate Law for Oregon on
Q: lease renewal letter to accept by end of month then rescinded before that..put on month to month. Eviction coming?

My boyfriend was given a lease renewal letter and told he had til the end end of this month to sign it. Today he received a letter saying that that has been rescinded and it is now going to be month to month. Out of 3 units he was the only one put on month to month and when he asked the landlord he... Read more »

Gregory L Abbott
Gregory L Abbott answered on May 17, 2021

Had he signed and accepted the offer prior to the rescission, there is likely nothing the landlord could have done. But if he rescinded before your boyfriend accepted the renewed term lease, your boyfriend in now likely going to be on a month to month. But that is not the end of the world - to... Read more »

1 Answer | Asked in Civil Litigation and Contracts for Oregon on
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... Read more »

Jeffery Demland
Jeffery Demland answered on Apr 9, 2021

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,... Read more »

1 Answer | Asked in Animal / Dog Law, Civil Litigation, Criminal Law and Small Claims for Oregon on
Q: What are the laws regarding animal ownership when it pertains to not giving a dog back?

My sister-in-law moved into a house with some friends. She also brought her dog. She was kicked out a few weeks later. When asked when they would be home to pick up the dog, they said that they were not going to give the dog back. They had stolen a family member of our house. What are the options... Read more »

Gregory L Abbott
Gregory L Abbott answered on Jan 11, 2021

Stealing an animal is no different than stealing anything else - legally speaking. The real issue is likely to be how can you prove the dog is hers? Receipts? Vet appointments? Especially prior to her moving in? If you think you can prove the ownership issue, then you can first file a police... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Oregon on
Q: Is Rogers v. Saylor, OR Supreme Court, 760 P.2d 232 (1988) still caselaw in Oregon? If not, what superceded it?

I'm just wanting to be certain that this precedent has not been overturned, and if it has, by what case(s)?

Virgil Royer
Virgil Royer answered on Dec 29, 2020

I appreciate your question. My research of the case, reveals that Rogers v. Saylor, 306 Or. 267 (1988) has not been overruled or negatively treated on appeal, even though it has been cited in 37 subsequent cases.

The case discusses the the limitations on individual or governmental liability...
Read more »

1 Answer | Asked in Appeals / Appellate Law and Civil Litigation for Oregon on
Q: What legal steps should be taken when a attorney dies, and there are open civil appeals filed by the opposing side?
Tim Akpinar
Tim Akpinar answered on Jan 1, 2021

Only an Oregon attorney should advise here, but your question remains open for four weeks. Until you are able to obtain meaningful, state-specific guidance from a local attorney, as a GENERAL matter in ANY jurisdiction, the opposing attorney and clerk/judge (depending on court procedure) should... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Small Claims for Oregon on
Q: CAN I GET A COPY OF A RECORDED CONVERSATION FROM UNITED SERVICE PROTECTION IF I SIGNED A CONTRACT WITH THEM?

I SIGNED A CONTRACT AND PURCHASED AN EXTENDED WARRANTY FOR MY VEHICLE UNDER THE INPRESSION THE INJECTORS WERE COVERED. I SPECIFICALLY ASKED MULTIPLE TIMES ABOUT INJECTORS AND WAS TOLD YES. THEY DID NOT COVER THE INJECTORS, THE SALESMAN IS NO LONGER EMPLOYED AND THEY WILL NOT GIVE ME ANY RECORDINGS... Read more »

Gregory L Abbott
Gregory L Abbott answered on Nov 4, 2020

They do not have to provide you with any of their records unless and until you file a lawsuit against them in court and then issue a request for production. At that point, if they admit having the records, they would be obligated to either provide the requested material or to legally deny their... Read more »

1 Answer | Asked in Civil Rights, Personal Injury, Real Estate Law and Civil Litigation for Oregon on
Q: I was living in a house in authority of Jackson county apartment complex with a VAWA voucher And I am also fully disable

I had my home broken into repeatedly in my car stolen from the parking lot and now they’ve served me with addiction notice because I’m a victim again how is that fair ? I did file online a formal complaint with the housing and urban development and they called me to see if it’s their... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 23, 2020

An Oregon attorney could advise best, but you await a response for three weeks. Do you mean an EVICTION notice? Read it more carefully. If that's the case, repost this under Landlord-Tenant law and hopefully an experienced L-T attorney could offer meaningful guidance. Good luck

Tim Akpinar

1 Answer | Asked in Civil Litigation and Libel & Slander for Oregon on
Q: Opposing counsel claims that I am a public figure. There has not been discovery .

I have filed many objections and the objections are ignored. The opposing attorney has pushed this false assertion of me being a public figure, all the way up through the appellate courts. Therefore this entire case is being handled as if I'm a public figure, when I am not a public figure. He... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 25, 2020

An Oregon attorney could advise best, but your post remains open for two weeks. You did not ask a question, but from your post it looks like you brought a defamation action against someone for something they said about you. I think that your adversary is arguing that you are a public figure in... Read more »

1 Answer | Asked in Civil Litigation for Oregon on
Q: Can The lawyer add things into a settlement agreement after the settlement agreement has been signed by both parties
Tim Akpinar
Tim Akpinar answered on Aug 14, 2020

An Oregon attorney could best advise, but your question remains open for three weeks. As a general rule, the answer is usually no. Once they're signed by both sides, it's generally not acceptable for one side in the matter to take it upon themselves to change things in settlement... Read more »

1 Answer | Asked in Banking, Business Formation, Business Law and Civil Litigation for Oregon on
Q: I had a business associate who was going to be a partner rip me off for a lot of money and inventory. We started

I had a business associate who was going to be a partner rip me off for a lot of money and inventory. We started a new joint bank account together at banner bank. What I did not know was he was friends with the assistant manager of the bank. So the next day she cancelled our joint banking account... Read more »

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jul 8, 2020

If you opened a personal joint bank account, it is usually opened "A or B",not "A and B", which makes a huge difference. If the account was opened as "A or B" or "A,B", the meaning is the same. The Terms and Conditions agreement you would have been given by... Read more »

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