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Oregon Civil Litigation Questions & Answers
0 Answers | Asked in Criminal Law and Civil Litigation for Oregon on
Q: Here's one for any comments, if appropriate.

So, let me get this right, officer, there was no crime and it's strictly a civil matter.

In other words, your saying that my ex girlfriend has the legal right to steal my key, to my house, and come enter at will and rifle thru my things and take whatever she wants of my property and/or... View More

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Oregon on
Q: My sister and I were given a criminal trespass 1 while we were in our own home.

They arrested us and took two disabled 57 and 61 year old women to jail booked and released us . We didn't even have shoes excessive?

James L. Arrasmith
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answered on Oct 24, 2024

I'm sorry to hear about what you and your sister went through. Being charged with criminal trespass in your own home can be very distressing, especially when you feel the charge was unwarranted.

It's important to understand your rights in this situation. You may want to gather any...
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0 Answers | Asked in Contracts, Personal Injury, Business Law and Civil Litigation for Oregon on
Q: I have some question regarding anti slapp motion in CA to an overtly vague and malicious slander per se complaint

I am modest means and cannot afford a lawyer and forced to file my answer and cross pro per in CA and have spent 100's of hours over a year gathering evidence and witness testimony, studying the applicable CPP in order to sue a former bus partner for fraud by concealment, conversion, etc and... View More

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Landlord - Tenant for Oregon on
Q: Can a person I lived with until a no contact order was placed against me, legally say that my car and personal belonging

We're abandoned by me and give them away even though I was not allowed on the property without a civil officer which I was in process of obtaining within 48 hrs of being kicked out ? What are my right?

James L. Arrasmith
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answered on Oct 6, 2024

In your situation, the person you lived with cannot legally declare your car and personal belongings abandoned just because you're under a no-contact order. Being barred from the property doesn’t mean you’ve given up your rights to your possessions. You still have legal ownership over your... View More

1 Answer | Asked in Criminal Law, Civil Litigation and Elder Law for Oregon on
Q: What steps to take? Friend using vehicle &won't return, demands money for unauthorized repairs. I am 71 & in wheelchair

Of course, there's more details just don't know where to begin. Guy may have accessed personal records including vehicle title, won't return my calls.

Theressa Hollis
Theressa Hollis
answered on Sep 30, 2024

If you have clearly communicated to your friend that you want your vehicle returned then I would call the non-emergency number for your local police to report it stolen. The issue of the repairs will have to be dealt with separately. It's possible that your friend could sue you in small... View More

1 Answer | Asked in Civil Litigation and Civil Rights for Oregon on
Q: Can I sue CPS for repeating an investigation?

I am being investigated by CPS for sexual abuse of my children. However, I was previously cleared for this last year with an "unfounded" finding, and the new case appears to have barely no new information from the last investigation, outside of a) learning that I am co-sleeping with my... View More

James L. Arrasmith
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answered on Sep 27, 2024

Dealing with multiple investigations by CPS can be overwhelming, especially when you’ve already been cleared of allegations. While CPS has a duty to follow up on any new concerns, even if they seem minimal, this process can feel invasive and cause emotional distress. If the new investigation is... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Communications Law and Constitutional Law for Oregon on
Q: How hard would it be to sue a news network for political misinformation? I understand the repeal in 1987.
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answered on Sep 25, 2024

Suing a news network for political misinformation can be difficult, primarily due to strong legal protections for free speech. In the United States, the First Amendment often shields news organizations, even if they present biased or inaccurate political content. The repeal of the Fairness Doctrine... View More

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Oregon on
Q: In Oregon State what is the criteria that needs to be met for malicious prosecution 18 rights violation s.o.l. exp 2x

My public defender attended the plea deal without my knowledge or consent then she tries to persuade me to take no contest makes it seem like I'm innocent when that's not true then she tells me I'll be found guilty absolutely no doubt found guilty by a jury of six peers long before... View More

James L. Arrasmith
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answered on Sep 19, 2024

In Oregon, for a claim of malicious prosecution, you generally need to prove that the original legal proceeding was initiated without probable cause, with malice, and that it ended in your favor. The prosecutor or other officials involved must have acted with the intent to cause harm or with... View More

1 Answer | Asked in Civil Litigation and Civil Rights for Oregon on
Q: A housemate of mine it's getting their assets seized. In Oregon, I'm curious if the sheriff will seize my assets

If I can't prove something is mine, will the sheriff seize my assests? To clarify, I'm talking about personal and household items.

James L. Arrasmith
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answered on Jul 28, 2024

In Oregon, if your housemate is having their assets seized, the sheriff will focus on their belongings. However, if there is any doubt about ownership, your items could potentially be at risk. It’s important to be able to prove ownership of your personal and household items to avoid any issues.... View More

1 Answer | Asked in Estate Planning and Civil Litigation for Oregon on
Q: What does a person do when you suspect a trustee is actually fabricating attorney invoices, and fake checks.

I believe the trustee of my mother's trust is committing fraud. I suspect he has fabricated an invoice from an attorneys office, says he retained the attorney for an appeal. ( There was no appeal after probate hearings) there's a check made out to attorney for $4000.00 that looks fake. If... View More

Theressa Hollis
Theressa Hollis
answered on Apr 23, 2024

You could certainly inform the attorney of your suspicions. However, he will probably not be able to tell you if he has been retained by the Trustee due to attorney/client privilege rules. You can ask the Trustee for a copy of the front and back of the check that has been processed by the bank.... View More

1 Answer | Asked in Civil Litigation for Oregon on
Q: What time frame can I give someone to remove all of their belongings from my home, storage, and truck?

Someone who has not lived with me for over a year but was allowed to store their stuff at my storage unit and home and allowed to use my vehicle. Will not give me back any of my keys due to the fact that their stuff is still at the two places and is also in my vehicle. How long can I give them to... View More

James L. Arrasmith
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answered on Apr 10, 2024

In the state of Oregon, the specific time frame for someone to remove their belongings from your property may depend on the nature of your relationship and any prior agreements. However, here are some general guidelines:

1. Provide written notice: Give the person a written notice requesting...
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1 Answer | Asked in Civil Litigation, Domestic Violence and Criminal Law for Oregon on
Q: Neighbor is stalking/harassing me. Judge denied SPO due to no violence. Can I sue in small claims or seek injunction?

I have evidence of my neighbor stalking me as he shows up everywhere I go within 10-15mns. He's tracking not following me but haven't found the gps device yet. It's daily & he's relentless. The cops even went to his house & told him to stop plus avoid me which did... View More

Gregory L Abbott
Gregory L Abbott
answered on Apr 4, 2024

Of course you can sue in circuit or small claims court. Can you win? Not likely on the facts presented.

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Landlord - Tenant for Oregon on
Q: How and when do I make my case for 2x damages? And was does it mean to file my judgement?

I won a retaliatory eviction cames against my landlord on appeal. The judges decision was to return property to me.

James L. Arrasmith
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answered on Mar 26, 2024

To make your case for 2x damages, you should present evidence and arguments at the appropriate stage in your legal proceedings, often during the damages phase after liability has been established. This typically involves submitting detailed documentation of your losses and arguing how they meet the... View More

1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Health Care Law for Oregon on
Q: State hospital said my son was on life support and had to come down and make arrangements and say goodbye to him wasn't.

Him. Hospital escorted me and family out of there a d to the parking lot with a sorry. My family and I are have struggled since. What came we do I feel violated and scared I cry and any thought of a child hurt I burst into tears

James L. Arrasmith
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answered on Mar 15, 2024

This is a deeply traumatic experience, and it's understandable that you feel violated and scared. First, consider speaking with a counselor or therapist who can provide emotional support and help you and your family navigate through this difficult time. Coping with such a severe mistake can... View More

1 Answer | Asked in Family Law, Civil Litigation and Probate for Oregon on
Q: Are there any lawyers in Union County that work on a contingency for high dollar will contesting cases?
Theressa Hollis
Theressa Hollis
answered on Mar 13, 2024

I do not do probate litigation, however, I believe it is unlikely that a will contest case would be handled with a contingency fee.

1 Answer | Asked in Agricultural Law, Car Accidents, Civil Litigation and Environmental for Oregon on
Q: a tree falls from homeowner's property into the city street, blocking traffic and a vehicle crashes into that tree.

Who would be responsible or held liable? would it be the homeowner? would it be the city? or would it be The pedestrian driving the vehicle?..

Tim Akpinar
Tim Akpinar
answered on Mar 21, 2024

An Oregon attorney could advise best, but your question remains open for four weeks. It could depend on a number of factors - manner in which tree fell, details about crash (speed, visibility, distractions, etc). It could be something that the homeowners carrier and auto carrier might sort out.... View More

1 Answer | Asked in Real Estate Law, Civil Litigation and Civil Rights for Oregon on
Q: Can someone trespassing on your property record you even when you have told them they may not?

The area where the person was recording was NOT visible from anywhere in view or even by air (think thick grove of trees). The person being filmed was clear about not being recorded. No crime of any kind was being committed by the landowner. The person filming was trespassing after being told not... View More

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answered on Feb 24, 2024

In Oregon, recording someone without their consent in a private place where they have a reasonable expectation of privacy is generally illegal. If you explicitly told the person not to record you on your property and they proceeded to do so anyway, their actions may constitute a violation of your... View More

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Oregon on
Q: Continued: This is Very Real Today and Very active Mother knew SKIMMING OF RETIREMENT WAS TAKING PLACE YEARS PRIOR,IRS

Has today in SEALED FILES TRULY 2000,2001,2002,2003 TAXES FILED SEALED, I WAS TRUE EXECUTOR, I CANT GET THESE, WHY GOVERNMENT DIRTY FINGERS STATE GOVERNMENT TODAY YES SIR , MOTHERS DEAR FRIEND DYED SAME WAY 1999 THEY PLACED BETS WHICH ONE WAS GOING TO BE TAKEN OUT FIRST, 4REAL, OF COURSE I... View More

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answered on Feb 4, 2024

I understand your concerns about the situation involving your mother's sealed tax files and the suspicious circumstances surrounding her and her friend's passing. It's crucial to address these issues appropriately. To access the sealed tax files, you may need to consult an... View More

1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Constitutional Law for Oregon on
Q: I'm in a Oxford house in Portland, Oregon and I feel harassed, attacked verbally and slandered by this transgender.

This woman's house was supposed to be a safe place yet icant stay here with the daily verbal assults. Can I sue the Oxford house for discrimination and any other thing you could think of as iam leaving with no where to go because I don't feel mentally stable. I can't take this abuse... View More

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answered on Jan 8, 2024

In Oregon, if you're experiencing harassment, verbal attacks, and slander at an Oxford House, you may have legal grounds to take action. First, it's important to document all instances of such behavior. Keep a record of dates, times, and details of these incidents as this documentation... View More

1 Answer | Asked in Civil Litigation for Oregon on
Q: If i have my stuff at someone's house but someone else there throws it all away/damages it can i sue them?
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answered on Jan 6, 2024

If your belongings were thrown away or damaged by someone else while at another person's house, you may have grounds to sue for damages. The key factor in such a case is proving that the person who disposed of or damaged your property did so intentionally or negligently, and that their actions... View More

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