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Oregon Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law, Contracts and Collections for Oregon on
Q: As the defendant can I file for motion to dismiss after I have submitted an answer to the court in Oregon Circuit Court?
Gregory L Abbott
Gregory L Abbott
answered on Feb 21, 2024

Likely yes, assuming you have adequate grounds and didn't waive your right under Rule 21 when answering.

1 Answer | Asked in Products Liability and Consumer Law for Oregon on
Q: I went to a dealership to get my car fix they diagnose and less then a month my motor exploded

Check engine light was on. They said it was just a misfire on one of my coils they fixed it. They charged us 800 the next day. My car left me at the dentist place with my daughter. My car wouldn’t turn on the car smell like gas and there is smoke coming out of the engine the next day they were... View More

T. Augustus Claus
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 29, 2024

In Oregon, if your car's engine failed shortly after receiving service from a dealership, you may have grounds to pursue a claim under product liability and consumer law. Initially, gathering all relevant documentation, including service records, receipts, and any communication with the... View More

1 Answer | Asked in Consumer Law for Oregon on
Q: My daughter got a $21,000 car loan in my name and purchased a car from Ford.The dealer helped her fill out and lie on

The loan application to the bank. I want to take Ford and the credit union to court

. Do I have a case?

Gregory L Abbott
Gregory L Abbott
answered on Jan 18, 2024

It depends upon the exact facts but likely not. You likely DO have claims against both the daughter and the dealer if you want to pursue them. If you do pursue claims against anyone else, I would expect them to sue your daughter as part of the proceeding - and she sounds to be the biggest culprit... View More

1 Answer | Asked in Consumer Law and Business Law for Oregon on
Q: where can i ask an attorney, for free, a question about the legality of an authorized payment being misapplied

My payment was applied to a whole different despite the Company's representative telling me I would receive a refund by the 19th of December placed back on my SSDI payment card

Tim Akpinar
Tim Akpinar
answered on Jan 16, 2024

An Oregon attorney could advise best, but your question remains open for four weeks. You could ask here, but it looks like your question wasn't picked up. Some questions here go unanswered, but if you wanted to try reposting, there's a section - "Social Security." Attorneys who... View More

1 Answer | Asked in Landlord - Tenant, Consumer Law, Contracts and Education Law for Oregon on
Q: I am seeking your legal counsel regarding a series of events that have significantly impacted my housing security

January to May 2023: Rent payments made timely and without incident.

• June 2023: Discussions with the OCB ensured continued support.

• July 2023: Rent payment was missed due to the school’s oversight.

• August to October 2023: Rent payments resumed as per usual.... View More

Gregory L Abbott
Gregory L Abbott
answered on Nov 26, 2023

More information is needed. Was July rent ever paid? Was November rent ever paid? If all past due rent was paid within the 10 days specified in the notice, it likely is a defense to any eviction. You say the eviction process continues but they should not have even filed in court to evict until... View More

1 Answer | Asked in Consumer Law and Products Liability for Oregon on
Q: Can the authority ask to see my Amazon order history?

Suppose I have submitted an invoice to get a reimbursement, but the authority asks me to open my Amazon account and wants to see the order history from there. Can I deny it legally?

Gregory L Abbott
Gregory L Abbott
answered on Nov 8, 2023

Sure if you don't mind not being reimbursed.

1 Answer | Asked in Consumer Law and Collections for Oregon on
Q: Why would a debt collector garnish my wages for a certain amount of time and then stop before the debt is paid in full,

only to start again two years later for the same debt on the same case number?

Gregory L Abbott
Gregory L Abbott
answered on Nov 6, 2023

A Writ of Garnishment for wages expires after 90 days and a new one must be served if the creditor wishes to continue garnishing thereafter. The creditor may garnish (or re-garnish) anytime during the time the Judgment is valid. Interest continues to accrue on the debt of course until the earlier... View More

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Collections for Oregon on
Q: Rent a center threats

Rent a center is harassing me threating me with jail and being arrested I paid on time every time I recently went on fmla 4weeks ago and can't pay at the time they won't accept what I can pay I just wanna know my legal rights I live in oregon the rent a center is in washington state can... View More

Jim Boness
Jim Boness pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 19, 2023

As far as your question, if you rented from a Rent-A-Center in Washington, the contract probably will be governed under Washington law. Check your contract to see if that is the case. If so, you will need to speak with a Washington licensed attorney.

As far as any rights to keep the...
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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
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 Consumer Law and Antitrust for Oregon on
Q: How do I start a class action lawsuit against Ticketmaster for scalping, or price gouging tickets for a Nov 2023 concert

The tickets were being sold for outrageously high prices and there were third party tickets being sold on the Ticketmaster site with those high prices. When I attempted to buy a ticket the prices were not in my means. I kept returning to the website hoping for a price drop and the pop up msg on the... View More

Gregory L Abbott
Gregory L Abbott
answered on Sep 15, 2023

You don't identify why you think you have a claim. They routinely disclose that some of their tickets are being re-sold at higher than initial venue prices and may change at any time. You waited, then you pounced, only to find that you would have been better off waiting longer. That was a... View More

2 Answers | Asked in Consumer Law and Personal Injury for Oregon on
Q: Can a Jane Doe civil action be transfered between federal venues while maintaining Jane's anonymity?

In a federal diversity civil action brought in the District of Vermont (location of plaintiff), can the Jane Doe defendant, through her counsel, petition for a change of venue to the District of Oregon (her residence) while preserving her anonymity or must she reveal her identity to move the case?... View More

Brad  Holbrook
Brad Holbrook
answered on Jul 9, 2023

Your questions rasie some questions. You mentioned "civil action" without specifically referencing what type of claim it is and why the Vermont has any jursidiction. If you have no ties to Vermont, then you cannot be subjected to personal jurisdiction there unless you consent and/or... View More

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1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Personal Injury for Oregon on
Q: I signed a contract under duress in a suicidal psychotic state that can be verified by my doctor. Can it be dismissed?

I signed a document under duress during a bipolar episode which my doctor can verify.

An animal shelter OBTAINED PROPERTY of pecuniary significance (a doctor prescribed emotional support animal) BY FALSE PRETENSE from an incapacitated person (in a mixed suicidal depressive psychotic state).... View More

Gregory L Abbott
Gregory L Abbott
answered on Jun 29, 2023

You are not likely to be able to disavow the contract and even if you did, it sounds like it cannot be reversed at this point. The most you are likely to possibly have is a claim for the market value of your now deceased cat - i.e. replacement cost. Unfortunately, in the legal world, pets are not... 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 Consumer Law, Bankruptcy, Banking and Collections for Oregon on
Q: If my money is stuck in a merchant gift card, can I charge back on my credit card to get my original funds back?

I pre-ordered products from a merchant and place the charges on my credit card. The timeframe was taking too long so instead of receiving any product, the merchant cashed me out at a higher price then I originally paid, but paid me with his store gift card. The merchant has since been shut down by... View More

Timothy Denison
Timothy Denison
answered on Dec 14, 2022

You can try, yes.

3 Answers | Asked in Consumer Law and Collections for Oregon on
Q: How can I collect on a bad check? I sent a demand letter 30 days ago but haven't heard back.

The amount is $2,000.00. It is for agreed-on reimbursements for concrete work that was not performed. The check came back as 'fictitious' . The bank wouldn't give me anymore information. Do I take it to small claims court or somewhere else? I did send a demand letter 30 days ago with no success.

Gregory L Abbott
Gregory L Abbott
answered on Oct 31, 2022

The question really is whether you can actually collect a Judgment from the guy and if so, is it cost effective to try. If not, suing and trying to forcibly collect is a waste of time and money. If worth it, small claims court hha

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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

1 Answer | Asked in Consumer Law and Patents (Intellectual Property) for Oregon on
Q: I created a new product for my regional food company. It appears it will be official and sold. Am I entitled.

I live in Washington state but work in Oregon

Erik Špila
Erik Špila
answered on Sep 2, 2022

This depends on if you created it as a company employee, or in your free time for yourself. It is sometimes hard to prove both of them. It all depends on jurisdiction. I would recommend you to contact local attorney to discuss this matter.

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