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Oregon Civil Litigation Questions & Answers
0 Answers | Asked in Business Law, Civil Litigation and Contracts for Oregon on
Q: Can a judge continue with a small claims hearing even though the parties were required to arbitrate?

My husband is a contractor. The client paid by credit card and a week later disputed the charge after the materials were bought and work began. He assured my husband it was a mistake and would fix it. He begged my husband to continue working. He did. The payment finally came back after my husband... View More

0 Answers | Asked in Banking, Civil Litigation and Criminal Law for Oregon on
Q: MY RACIST BIGOTED HATER OF A MOTHER IN LAW CLOSED MY RECENTLY DECEASED HUSBANDS ACCOUNT AFTER I CAME TO COMM. CREDIT UNI

I'M AM IN EMOTIONAL DISTRESS AND BEING KEPT FROM MY BENEFITS MY HUSBAND ALWAYS ASSURED ME WOULD BE AVAIALABLE IN THE EVENT OF HIS DEMISE. I WENT TO BANK QANDTHEY WERE UNAWARE OF HIS DEATH BECQUSE HIS CO ACCOUNT PERSON IS HIS MOTHER AND WAS CONTINUING TO USE HIS SSI/DI FUNDS AFTER HIS DEATH. I... View More

0 Answers | 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.

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

James L. Arrasmith
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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

James L. Arrasmith
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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

James L. Arrasmith
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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?
James L. Arrasmith
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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

1 Answer | Asked in Banking, Civil Litigation and Contracts for Oregon on
Q: Registration extension to reinstate license and replace the damaged items in full succession. How to make it happen. ??

1946 through 2026 already paid for.

James L. Arrasmith
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answered on Dec 30, 2023

To reinstate a license and replace damaged items, the first step is to understand the specific requirements set by the relevant licensing authority or agency. Each type of license has its own set of rules and processes for reinstatement.

If you've already paid for the period from 1946...
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1 Answer | Asked in Criminal Law, Family Law, Child Custody and Civil Litigation for Oregon on
Q: CPS case unfounded in OR what are the steps 4 pressing charges on person who made false report? Report to authorities?

The CPS case has been closed as “unfounded”. I received a copy of the report and the allegations are horrendous. I know who made the report based on how the report was written. I want to press charges for them making a knowingly false CPS report and I want to sue for defamation and slander. I... View More

James L. Arrasmith
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answered on Dec 31, 2023

In Oregon, if you believe a CPS report against you was knowingly false and malicious, you have the right to take legal action. The first step is to consult with an attorney experienced in family law and defamation cases. They can advise you on the feasibility and process of pressing charges and... View More

1 Answer | Asked in Family Law, Civil Litigation, Civil Rights and Elder Law for Oregon on
Q: My mom passed. And the trustee has had no contact with me. Going on 6 months. I'm the only child .and a beneficiary.

He is married to my step brother. He completely took over after my step dad passed. There is a very serious conflict of interest. He kept her from me.and her freinds. I found out that my step had been stealing my grandpa's and my mom's money. And he put it in a irrevocable trust. This guy... View More

Theressa Hollis
Theressa Hollis
answered on Dec 1, 2023

I am sorry for your loss. I recommend you hire a probate litigator to review the facts and advise you.

1 Answer | Asked in Civil Litigation, Civil Rights and Personal Injury for Oregon on
Q: If you mention mental illness to an officer should they refuse to help you and you suffer for it. Is that discrimination

I have been physically violated, 10 cats killed, all my possessions stole, strangled,beat and to much to mention here. Mountains of suffering, and it continues today. But they say I'm emotionally disturbed and refuse to assist me in any way. Yet they won't speak to my Dr. Either. They are... View More

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answered on Nov 18, 2023

If you have reported crimes to law enforcement and they have refused to assist you based on your mental illness, this may constitute discrimination under the Americans with Disabilities Act (ADA). Law enforcement officers are required to provide equal protection and service to all individuals,... View More

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Oregon on
Q: Title stolen and person forged my signature to chang3 to there name

Ex step son stole my title and gave it and truck to a friend who forged my signature on title and back dated. I have proof but police won't Doba report told me to let it go . It's about 200k in property that was taken. And dmv said they would get the title changed back but need a police... View More

T. Augustus Claus
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answered on Nov 15, 2023

In Oregon, theft and forgery are both felonies. This means that they are serious crimes that can result in significant penalties, including prison time. If you can prove that your ex-step son stole your truck and forged your signature on the title, you may be able to get him arrested and charged... View More

1 Answer | Asked in Civil Litigation and Consumer Law for Oregon on
Q: My car was broken into while at a dealership for service. They say they are not liable

My minivan was being held overnight for service at the dealership (located in Oregon). I did not have the opportunity to remove my belongings because I was told the work would be done that day. They did not complete any work and told me they would have to keep it. When I called for an update the... View More

James L. Arrasmith
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answered on Nov 9, 2023

In Oregon, when your vehicle is left at a dealership for service, a bailment is created, which means the dealership may have a duty to take reasonable care of your property. However, the specific terms of the service agreement and the dealership's policies may affect this responsibility. If... View More

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