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Oregon Small Claims Questions & Answers
0 Answers | Asked in Small Claims for Oregon on
Q: Can my ex throw away my personal belongings after a breakup without legal consequences?

My ex girlfriend already donated a laundry bin full of all my clothes, pots and pans, electronic hair cutting device, shoe racks, portraits, and other stuff away. She still has my PS4, my clothes, hats, and shoes. Probably around $1000 worth of stuff.

I don't believe the next part is... Read more »

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... Read more »

0 Answers | Asked in Civil Litigation and Small Claims for Oregon on
Q: What is the first step in filing a civil suit that's over 10,000 in the State of Oregon?

I have been keeping my personal belongings at a friend's house for the last 5 years. I tried to retrieve my belongings but was denied by my friend and was told that he sold my stuff, gave it away etc.... my property is my livelihood and the total amount adds up to well over 50,000. What can I do?

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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read more »

Brad  Holbrook
Brad Holbrook pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
Read more »

1 Answer | Asked in Real Estate Law, Environmental, Land Use & Zoning and Small Claims for Oregon on
Q: Can I take action about a neighbor's overgrown thorn bushes that keep trying to infect my back yard and attach my trees?

His backyard is Completely infested with with thorns and doesn't do anything. He is also scary and constantly verbally abusive to his own family, so talking to him is out of the question.

Katherine Goodman
Katherine Goodman
answered on Oct 11, 2022

Without more information on the location of your property, if you have any agreements on whose responsibility it is to maintain the bushes, where the bushes are located, if you have any or need any easements, it is hard to say what your next step could be. However, if you have not spoken with a... Read more »

1 Answer | Asked in Contracts and Small Claims for Oregon on
Q: Can I do a small claims on the storage unit where my belongings were all ruined if my mom was the name on the unit
Gregory L Abbott
Gregory L Abbott
answered on Sep 30, 2022

If only mom's name is on the lease, it is likely only Mom can file claims related to the lease.

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... Read 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... Read more »

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1 Answer | Asked in Consumer Law, Small Claims and Banking for Oregon on
Q: If you wire transfer money to someone and then realize it was fraud, how can you file a complaint to the court

if you don't know their physical address?

Gregory L Abbott
Gregory L Abbott
answered on Jun 29, 2022

You can file a complaint with your local police, with Oregon's Attorney General Consumer Fraud Division (can file online), and with the FBI who has a task force specifically aimed at this sort of fraud. All that said, the odds are extremely remote that any of them will actually do anything... Read more »

1 Answer | Asked in Animal / Dog Law, Criminal Law, Family Law and Small Claims for Oregon on
Q: I’ve filed reports with Animal Control for “Theft of an animal”, & “Possession of a Stolen Animal.” No response.

7.005.129 - Possession of a Stolen Animal.

A. A person commits the offense of possession of a stolen animal if a person has in his/her care, custody, possession or control an animal not owned by that person and not placed by the owner/caretaker of that animal, in the persons care, custody... Read more »

Jennie Lynn Clark
Jennie Lynn Clark
answered on Jun 21, 2022

Only non attorneys can appear in small claims court. If you know who has your cat and you can prove you own the cat, you could file a case in small claims court and ask for injunctive relief for the return of your cat. You could also hire an attorney on an hourly basis to file a civil suit for... Read more »

1 Answer | Asked in Personal Injury, Products Liability and Small Claims for Oregon on
Q: I used a hair product that burnt and dried out my scalp it’s still healing weeks later. Can I look into a lawsuit?

It’s a shampoo and conditioner company. I’ve looked into some of the ingredients to find out some are toxic and even cause cancer. Bedsides that I’m very upset about this product completely ruining and hurting my head. No warning on label that show possible dryness, irritant burning, or hair... Read more »

Tim Akpinar
Tim Akpinar
answered on May 3, 2022

An Oregon attorney (or a class action attorney) could probably advise best, but your question remains open for a week. You describe a product liability cause of action. That means injury from a defective product. Here, you are alleging a defect based on "failure to warn."

On an...
Read more »

1 Answer | Asked in Employment Law and Small Claims for Oregon on
Q: My jobs overpaid me, due to their own negligence. Now they want me to pay it back, do I have any legal rights not too?

The payroll accountants made a mistake and doubled my time on their books. Do I have to legally pay them back? It would be a financial hardship on my family.

John Barron
John Barron
answered on Apr 1, 2022

Yes, if you receive monies that you did not earn, your company has the right to ask for it back, whether it was their clerical error, or not. Receiving monies for work that you did not perform is termed "unjust enrichment," and the law does not allow persons to be unjustly enriched.

1 Answer | Asked in Small Claims for Oregon on
Q: If I have been given a notice of restitution after an eviction, can I have the eviction expunged under current laws?

I read that I can have my eviction expunged before 3/1/22 if all monies owed has been paid. Is this still true after receiving a notice of restitution? I'm trying to find out what I can do, and hopefully find another rental sooner than 5 years after the eviction.

Katherine Goodman
Katherine Goodman
answered on Feb 4, 2022

Potentially you can have your eviction judgment removed from your record under the current landlord tenant laws. But without additional information related to the circumstances of the notice of restitution that could change. If you have not spoken with a landlord tenant attorney you should speak... Read more »

1 Answer | Asked in Contracts, Employment Law, Business Law and Small Claims for Oregon on
Q: I signed a paper in November saying I was getting a dollar raise I have not received my raise yet.

I signed a paper saying I was getting a dollar raise back in November, we are now in January and I have not received my raise on my paychecks. My pay stubs still say the same amount. I have talked to my boss more than one time about this and was told the bookkeeper was going to fix this but has not... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jan 2, 2022

Other than quitting, or bugging them, they really is not much you can do until you are no longer employed there. Once you leave, assuming they do not fix it, then you have some options that will get you the back wages and likely penalties as well.

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