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Oregon Civil Litigation Questions & Answers
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

James L. Arrasmith
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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

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
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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
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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
Jina Ly Clark
Jina Ly 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

Jina Ly Clark
Jina Ly 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

Jina Ly Clark
Jina Ly 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

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