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Oregon Civil Litigation Questions & Answers
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... Read 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... Read 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
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... Read 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... Read 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?... Read 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... 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 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... Read more »

Jennie Lynn Clark
Jennie Lynn 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... Read more »

1 Answer | Asked in Bankruptcy and Civil Litigation for Oregon on
Q: My round up lawsuit made me an offer I accepted 8 months ago . Now I find out my lawyer has filed his own bankruptcy

Do I need to be concerned

Timothy Denison
Timothy Denison
answered on Jun 26, 2022

No. That money belongs to you. Unless your lawyer received and misappropriated and kept the money (which is a crime), you should not be affected by his bankruptcy.

1 Answer | Asked in Foreclosure, Civil Litigation and Construction Law for Oregon on
Q: I want to sever a civil lawsuit naming me and my son as co-defendants and help with civil procedure.

A building contractor that I individually contracted with put a mechanics' lien on the house where he performed work in Portland and is foreclosing. My son and DiL are the title owners of record, live in CA, and had no knowledge. I have no legal interest and acted as an implied agent, so... Read more »

TeAnna Rice
TeAnna Rice
answered on May 13, 2022

Everyone named in this action should hire their own attorneys to assist on this matter since everyone has their own interests in it. In order to have someone removed as a party, the proper motions need to be filed and granted - it's not as simple as just removing them.

You can find...
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1 Answer | Asked in Civil Litigation for Oregon on
Q: Can a business post “under surveillance” signs if they don’t really have view of the area?

A car was dropped off after hours at a closed location

Tim Akpinar
Tim Akpinar
answered on Mar 19, 2022

Only an Oregon criminal law attorney could advise meaningfully under the posted category of Criminal Law, but your post remains open for a month.

From a CIVIL law standpoint where security became an element upon which damages were claimed, it could possibly become relevant, for instance, if...
Read more »

1 Answer | Asked in Employment Law, Contracts, Business Law and Civil Litigation for Oregon on
Q: Does the statute of frauds apply to employment agreements?

I was given an offer of employment. I accepted the position and I quit my job to take the new job. The day before my start date I was informed that my start date was being postponed due to weather conditions. After inquiring as to when I would begin working for them I was told that they would not... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jan 5, 2022

The statute of frauds is used to basically invalidate contracts, which is not what you are trying to do.

You may have a breach of contract if you can show the contract was for a certain length and thus it was no longer at will, or potentially a promissory estoppel claim due to quitting your...
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1 Answer | Asked in Civil Litigation and Landlord - Tenant for Oregon on
Q: What does a person do when they have a (rather substantial) claim, yet is unable to even get in contact with a lawyer?
TeAnna Rice
TeAnna Rice
answered on Dec 23, 2021

There is no doubt that there is an shortage of attorneys and there will only continue to be some. Furthermore, due to COVID-19, trials are not moving fast enough, which leads to an increase in attorney workload. The best thing to do is to continue to search for an attorney to assist. Over the... Read more »

1 Answer | Asked in Civil Litigation and Estate Planning for Oregon on
Q: Filing a small estate affidavit in Oregon while being an convicted felon

Hello, my good friend of mine recently passed away. She had an will (notarized) saying that I was sole beneficiary to her whole estate no one else. She had no living relatives or family members. I was reading the paper work for the small estate affidavit saying that no convicted felon can file. I... Read more »

Theressa Hollis
Theressa Hollis
answered on Dec 7, 2021

If you are a convicted felon Oregon law does not allow you to file a Small Estate Affidavit. I recommend that you have someone else file it. Possible options are someone who is named as the alternate Personal Representative, an intestate heir (immediate family to the decedent) or a creditor... Read more »

1 Answer | Asked in Civil Litigation and Small Claims for Oregon on
Q: Is there a statue of limitations in Oregon regarding civil suit?

Specifically in Umatilla Co.

Gregory L Abbott
Gregory L Abbott
answered on Oct 6, 2021

Yes. What it is depends upon the nature of the civil suit or perhaps what claims are elected to be made - i.e. some events may give rise to more than one way of claiming damages and each may have a different statute of limitations.

1 Answer | Asked in Civil Litigation and Small Claims for Oregon on
Q: In Oregon, if I want to sue someone for defrauding me, what kind of civil suit attorney is needed
Gregory L Abbott
Gregory L Abbott
answered on Aug 10, 2021

You should very carefully review things with a local tort attorney. Fraud is often difficult to prove; you normally must prove specific damages, and the standard of proof is higher than for most other civil lawsuits (Clear and Convincing as opposed to just a preponderance). Often there may be... Read more »

1 Answer | Asked in Civil Litigation and Small Claims for Oregon on
Q: Are there any pro Bono or low cost/payments attorneys near 97801 that can help me file a civil suit against someone.

Thousands of dollars = $10,000.00+.

Gregory L Abbott
Gregory L Abbott
answered on Jul 30, 2021

If you qualify financially, contact the Oregon State Bar Association's Modest Means program for names of lower-cost attorneys in your area.

1 Answer | Asked in Civil Litigation, Contracts, Landlord - Tenant and Real Estate Law for Oregon on
Q: lease renewal letter to accept by end of month then rescinded before that..put on month to month. Eviction coming?

My boyfriend was given a lease renewal letter and told he had til the end end of this month to sign it. Today he received a letter saying that that has been rescinded and it is now going to be month to month. Out of 3 units he was the only one put on month to month and when he asked the landlord he... Read more »

Gregory L Abbott
Gregory L Abbott
answered on May 17, 2021

Had he signed and accepted the offer prior to the rescission, there is likely nothing the landlord could have done. But if he rescinded before your boyfriend accepted the renewed term lease, your boyfriend in now likely going to be on a month to month. But that is not the end of the world - to... Read more »

1 Answer | Asked in Civil Litigation and Contracts for Oregon on
Q: How do a file a case above small claims where I intend to represent myself?

I have a breach of contract case against a contractor who did improper work on my home. I completed the complaint and mediation process with the State of Oregon Construction Contractors board. The contractor has not responded to any communication and did not appear for the mediation appointment... Read more »

Jeffery Demland
Jeffery Demland
answered on Apr 9, 2021

You would need to file a complaint for breach of contract in the circuit court for the county in which your home is located. In your complaint, you would need to make allegations to support your claim, including allegations to support the existence of a contract, how the contractor breached it,... Read more »

1 Answer | Asked in Animal / Dog Law, Civil Litigation, Criminal Law and Small Claims for Oregon on
Q: What are the laws regarding animal ownership when it pertains to not giving a dog back?

My sister-in-law moved into a house with some friends. She also brought her dog. She was kicked out a few weeks later. When asked when they would be home to pick up the dog, they said that they were not going to give the dog back. They had stolen a family member of our house. What are the options... Read more »

Gregory L Abbott
Gregory L Abbott
answered on Jan 11, 2021

Stealing an animal is no different than stealing anything else - legally speaking. The real issue is likely to be how can you prove the dog is hers? Receipts? Vet appointments? Especially prior to her moving in? If you think you can prove the ownership issue, then you can first file a police... Read more »

1 Answer | Asked in Appeals / Appellate Law and Civil Litigation for Oregon on
Q: What legal steps should be taken when a attorney dies, and there are open civil appeals filed by the opposing side?
Tim Akpinar
Tim Akpinar
answered on Jan 1, 2021

Only an Oregon attorney should advise here, but your question remains open for four weeks. Until you are able to obtain meaningful, state-specific guidance from a local attorney, as a GENERAL matter in ANY jurisdiction, the opposing attorney and clerk/judge (depending on court procedure) should... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Oregon on
Q: Is Rogers v. Saylor, OR Supreme Court, 760 P.2d 232 (1988) still caselaw in Oregon? If not, what superceded it?

I'm just wanting to be certain that this precedent has not been overturned, and if it has, by what case(s)?

Virgil Royer
Virgil Royer
answered on Dec 29, 2020

I appreciate your question. My research of the case, reveals that Rogers v. Saylor, 306 Or. 267 (1988) has not been overruled or negatively treated on appeal, even though it has been cited in 37 subsequent cases.

The case discusses the the limitations on individual or governmental liability...
Read more »

1 Answer | Asked in Civil Rights, Personal Injury, Real Estate Law and Civil Litigation for Oregon on
Q: I was living in a house in authority of Jackson county apartment complex with a VAWA voucher And I am also fully disable

I had my home broken into repeatedly in my car stolen from the parking lot and now they’ve served me with addiction notice because I’m a victim again how is that fair ? I did file online a formal complaint with the housing and urban development and they called me to see if it’s their... Read more »

Tim Akpinar
Tim Akpinar
answered on Nov 23, 2020

An Oregon attorney could advise best, but you await a response for three weeks. Do you mean an EVICTION notice? Read it more carefully. If that's the case, repost this under Landlord-Tenant law and hopefully an experienced L-T attorney could offer meaningful guidance. Good luck

Tim Akpinar

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