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Oregon Small Claims Questions & Answers
0 Answers | Asked in Contracts and Small Claims for Oregon on
Q: My wedding venue was shut down by the county, so I had to find a new venue. Now they won't refund my deposit.

The venue contract doesn't specify closures or events like this, but there is a limitation of liability section that says "Neither party shall be liable for breach-of-contract damages that the breaching party could not have foreseen on entry into this agreement." I'm afraid... View More

1 Answer | Asked in Consumer Law and Small Claims for Oregon on
Q: I have a debt collector threatening to sue me for a medical bill that has occurred in 2006.

Can he do this even though the statue of limitations has expired?

Gregory L Abbott
Gregory L Abbott
answered on Apr 28, 2024

IF the Statute of Limitations has truly passed (likely but depends upon the details), then not only do they likely not have a case, but you may have unfair debt collection practices claims against them. Beware. A common tactic is to try to get you to pay something - even just a few dollars "to... View More

1 Answer | Asked in Small Claims for Oregon on
Q: My car was in a building that caught on fire.Who do I get a hold up to go after the Business owner?
Tim Akpinar
Tim Akpinar
answered on Mar 25, 2024

An Oregon attorney could advise best, but your question remains open for three weeks. In terms of your question about who you could get, you could look into attorneys who work with property loss insurance claims. Another option, depending on your coverage, could be to look into whether your policy... View More

1 Answer | Asked in Small Claims for Oregon on
Q: My neighbor agreed to pay half on a exterminator bill - owes me over $700 - I have txt msg and witnesses to prove this -
Tim Akpinar
Tim Akpinar
answered on Apr 2, 2024

An Oregon attorney could advise best, but your question remains open for five weeks. One option is to look into small claims court. Another option is to consult with an attorney, but attorney fees could be disproportionately large on a claim of this nature. Good luck

1 Answer | Asked in Small Claims for Oregon on
Q: Can a Collection Agency that was awarded a judgment refuse to release a lien, when only post judgement interest is owed?

Judgment lien amount was 867.40 8/2018

They were issued and cashed a check for $950 1/2022.

Gregory L Abbott
Gregory L Abbott
answered on Jan 8, 2024

Sure. No lien release until they are paid in full. Why would you think anything else?

1 Answer | Asked in Appeals / Appellate Law and Small Claims for Oregon on
Q: I was told a small claims judgment is final and not appealable but ORS 55.110 states that it can be…what’s correct?
Gregory L Abbott
Gregory L Abbott
answered on Nov 8, 2023

Just as the statute says - a result is non-appealable for the plaintiff/claimant; it is appealable by a defendant.

1 Answer | Asked in Contracts, Personal Injury, Landlord - Tenant and Small Claims for Oregon on
Q: My landlord in Oregon used “landlord retaliation” to make me leave. Can I sue or counter sue them and in what court?

After I pointed out that they hadn’t replaced a broken bathroom fan after a year of asking and they underpaid me for an unrelated job, my landlord sent me a rent increase letter (a month after signing a lease renewal at the same rate) and daily notices with eviction warnings. I had never received... View More

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

If you already were in court - that was your time to press a retaliation claim. Depending upon the details, you may still be able to file a new lawsuit for damages but do so knowing that retaliation claims are difficult to win and if you lose, you may owe his court costs and attorney's fees.... View More

1 Answer | Asked in Small Claims for Oregon on
Q: If I received a garnishment letter for debt 10 years old can they still enforce that if statute of limitations is up

I got a garnishment letter for a debt that is over 10 years old. The amount they say I owe is triple the actual amount I owed originally

Gregory L Abbott
Gregory L Abbott
answered on Sep 19, 2023

Assuming you are in Oregon, IF the statute of limitations is up, then no, they can no longer forcibly collect a debt from you and may well be committing an Unfair Debt Collection Practice and/or a Fair Debt Collection Practices Act (i.e. both State and Federal potential violations). BUT if they... View More

2 Answers | Asked in Bankruptcy, Identity Theft and Small Claims for Oregon on
Q: Ex girlfriend left my fiance with 15k of debt. What can we do?

My fiance lived with an ex girlfriend (they were never married) that he gave money to to cover their rent. She never made the payments and they didn't get evicted since this was during covid. Now they both have a 15k collection which has got us denied at other apartments. We saw on credit... View More

Timothy Denison
Timothy Denison
answered on Aug 13, 2023

Bankruptcy is an option. So is a civil suit against the ex to recoup the money he lost.

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2 Answers | Asked in Bankruptcy, Identity Theft and Small Claims for Oregon on
Q: What can my fiance do about the debt his ex left him with?

My fiance lived with an ex girlfriend (they were never married) that he gave money to to cover their rent. She never made the payments and they didn't get evicted since this was during covid. Now they both have a 15k collection which has got us denied at other apartments. We saw on credit... View More

Timothy Denison
Timothy Denison
answered on Aug 13, 2023

He can make a motion to hold her in contempt in their divorce case for failure to pay pursuant to the MSA.

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2 Answers | Asked in Bankruptcy and Small Claims for Oregon on
Q: If I marry, will my new husbands debt be shared with me?

My fiance lived with his ex during covid. During this time he would give her money to pay the rent. She ended up not paying it and got him $15000 in collection debt. On credit karma, it appears looks like the debt is getting paid? So we assume it's being garnished from her. As he hadn't... View More

Timothy Denison
Timothy Denison
answered on Aug 13, 2023

No. His debt is not your debt and it will not be shared with you or reported on your credit. Unless you sign on some debt with him in the future, you have no liability for his debt.

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1 Answer | Asked in Contracts and Small Claims for Oregon on
Q: Does he have any legal grounds? Will he win?

I sold a used truck as is(says as is on the bill of sale.) he is now saying he took it to a mechanic a few days later and it had an engine misfire and now he wants to sue for his money back. I was unaware of the problem. I don’t know what to do next. Is this something he will win?

Gregory L Abbott
Gregory L Abbott
answered on May 20, 2023

It is unclear why the buyer thinks they are entitled to a refund and lots depends on exactly what was said before the sale and\or details but As Is means As Is and anything could have happened to the vehicle in the few days between purchase and inspection. Bottom line is buyer should have had... View More

1 Answer | Asked in Contracts, Criminal Law, Probate and Small Claims for Oregon on
Q: What can I do and where do I start? Is this legal?

In Douglas county Oregon I moved my stuff in a storage unit in June 2021 that was owned by a friend of a friend. It was agreed I would pay $60 a month and I ended up paying for three months the day I moved everything in just because I had the extra cash at the time. we never wrote anything out and... View More

Gregory L Abbott
Gregory L Abbott
answered on Mar 12, 2023

With no question posed, there is nothing to respond to.

1 Answer | Asked in Contracts, Education Law and Small Claims for Oregon on
Q: I understand that you cannot appeal a small claims judgement but what can you do when the judge rules against law?
Gregory L Abbott
Gregory L Abbott
answered on Feb 16, 2023

Accept it. No appeals means no appeals.

1 Answer | Asked in Small Claims for Oregon on
Q: In Oregon is a petitioner of an obtained and fictacious protection order absolute privileged?
Gregory L Abbott
Gregory L Abbott
answered on Feb 15, 2023

You don't begin to provide enough information to provide any sort of answer. Plus, I don't know what you mean by a "fictacious protection order" or by its being "absolute privileged". There either is or there is not a court protection order in place - nothing... View More

1 Answer | Asked in Landlord - Tenant, Small Claims and Municipal Law for Oregon on
Q: Should I have sue my landlord or my neighbor?

I live in an apartment complex. I am looking to file a claim at the Small Claims Court against my landlord/property manager for failing to stop my neighbor's dog from barking after more than 4 months. The dog barks almost daily and over 90% of the time it barks from over 10 minutes to as long... View More

Gregory L Abbott
Gregory L Abbott
answered on Feb 2, 2023

You don't say but I am guessing that your neighbor is also a tenant of the same landlord? If so, if you have set it up properly, you can sue the landlord for breaching their duty to provide you with quiet enjoyment of your tenancy. You can also, and should, report the noise problem to... View More

1 Answer | Asked in Animal / Dog Law, Small Claims and Landlord - Tenant for Oregon on
Q: I live in a multi family apartment complex, my neighbor makes a lot of noise, loud music and loud barking dog.

I have reported this to my landlord, property manager and leasing staff via email and in person more than 30 times since September 18, 2022, the day my neighbor moved in. But over 4 months later now very little has changed. My property manager kept asking me to present 3rd party confirmation but... View More

Gregory L Abbott
Gregory L Abbott
answered on Jan 18, 2023

First, if you are in Multnomah County and the dog either barks for more than 10 minutes straight or intermittently for more than 30 minutes, gather your proof (record it?) and file a complaint with Multnomah County Animal Control. The process can take some pursuit but they do try to enforce the... View More

1 Answer | Asked in Small Claims for Oregon on
Q: I signed a title away on a car and now it got towed and they want me to pay $1400 that I cant afford. What do I do?

My first car ended up breaking down a long time ago(maybe 2015ish?) and I ended up signing it over to a scrap yard as it no longer ran. In 2018 I got a call from someone claiming to be from a collection agency stating that it had been towed in a city I never go to (years after I had gotten rid of... View More

Gregory L Abbott
Gregory L Abbott
answered on Jan 10, 2023

If you want to do anything but have a Judgement entered against you, you must respond to the Summons and Complaint. It sounds likely that you failed to notify DMV when you turned the vehicle over to the scrap yard (as you were required to do) and they then did not scrap it. Tell DMV now, gather... View More

1 Answer | Asked in Contracts and Small Claims for Oregon on
Q: I have received a letter from a moving company asking for $ from not paying a full amount to them because of damages etc

This year I had movers and they told me the move would take 2 hours. They ended up taking roughly 8 hours after locking themselves out of my apartment complex (while having the key I provided them) several times for hours at a time. Breaking and damaging my items as well as putting dents and holes... View More

Gregory L Abbott
Gregory L Abbott
answered on Dec 7, 2022

So is there a question here? Sounds like the normal, same bottom line - either you work things out with them or you refuse. In that case they have to decide whether they want to drop the matter; send you to a collection agency (who then has the same options after harassing you and dinging your... View More

1 Answer | Asked in Car Accidents and Small Claims for Oregon on
Q: I rolled a friend's side by side I had permission He gave me a bill for 13k. I can't pay it so he's suing me Am I liable

The bill was typed by him and not from a shop. I've asked him to turn it in to insurance but he won't. He's now threatening to sue me. I will happily pay the deductible but can't pay the 13k he wants in cash. What are my options? I was actually a volunteer employee at an event... View More

Brad  Holbrook
Brad Holbrook
answered on Oct 24, 2022

First, I am very sorry about your accident. Second, I am glad that you did not say you were injured in the acccident.

Last, are you liable? This is not something that I can completely answer without knowing all the facts of the accident. However, if you were driving in a negligent and/or...
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