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I am the respondent in a tort matter that began as a small claims case, which I successfully transferred to Circuit Court after requesting a jury trial. The petitioner was given 20 days to file a formal complaint. While she did file the complaint within the given time, she failed to serve me... View More 
answered on Apr 18, 2025
It's not the Court's job to address service issues - it's your job to bring it to the Court to be ruled on.
If you file a motion, file your motion as a Motion to Dismiss (not the other titles stated below), and then argue for lack of service. However, service requirements are... View More
I live in Eastern Oregon on a small acreage outside of city limits with irrigation water rights. Since last fall, my neighbor, who owns a 40-acre parcel and usually grows alfalfa, has adjusted his wheel line to water several feet over onto my property, damaging the back of my shop, my fence,... View More
answered on Apr 15, 2025
It sounds like you have a case of trespassing water on your land. You will need to get estimates of what it costs to fix the problem and to prevent further damage. You may need injunctive relief if there is no way a contractor can remedy the situation. Also you will need your contractor to serve... View More
I developed a point of sale software that is currently being used by several retailers. I have a unique name for the software that I want to trademark, and I've verified that the name is not being used anywhere. I own the software code. Can I trademark the name, and if so, what is the process... View More
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answered on Apr 16, 2025
When you ask the question of whether you can trademark your mark, their are two basic criteria that must be met. The first is that enforceable trademark rights are limited to bona fide uses that reflect commercial use. This means that you must be using, or intend to use your proposed mark in... View More
I had a hernia surgery on April 7th and was sent home afterward. However, I experienced intense pain at home, resulting in an ambulance trip back to the hospital on April 8th. The emergency team conducted exploratory surgery, discovering a cut in my bowel leaking into my abdomen. The emergency... View More
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answered on Apr 7, 2025
I am so sorry for your pain. You have two (2) years to file a claim in court. If the hospital is a public entity (OSHU, et.al.), then you must file a tort claim notice within 180 days. It's as simple as providing notice to them that you have a claim.
Plan on April 7 being your... View More
I'm frustrated with a daycare's policy of charging a full monthly fee even when they are closed for holidays, spring break, Christmas break, random "professional development" days, and a three-week summer break. In December, for example, they are only open for two weeks, which... View More
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answered on Apr 4, 2025
Typically this will be spelled out in any contract you have with the daycare, so my first suggestion to you is to look there. If the contract says they do not charge for those days but they are charging (or have charged) you, you have a basis to complain and perhaps even get any monies paid in... View More
I recently discovered that my father passed away in Oregon in 2022, but no one notified me. He was not married and had three surviving children, including myself. He owned a business, his home, and a vehicle. I've been in contact with his sister, who appears to be preparing to sell his house,... View More
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answered on Apr 3, 2025
Under Oregon law, any person who has custody of a will is required to deliver it to the court with jurisdiction over the estate or to the personal representative named in the will within 30 days of learning of the testator's death. This ensures that wills are properly filed and accessible for... View More
I recently discovered that my father passed away in Oregon in 2022, but no one notified me. He was not married and had three surviving children, including myself. He owned a business, his home, and a vehicle. I've been in contact with his sister, who appears to be preparing to sell his house,... View More
answered on Apr 3, 2025
If you have not received notice of a probate in the mail, then it’s possible that your father may have had a revocable living trust at his death. His sister may be the trustee of the trust with authority to sell the house. If you give me a call I can check for a probate in the Oregon court system... View More
On March 19th, I went to a dentist for a simple tooth extraction of an upper right molar. During drilling, the dentist accidentally penetrated the sinus cavity with a surgical bur, which became loose and lodged inside the cavity. An oral surgeon removed it on March 24th by drilling through my jaw,... View More
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answered on Apr 2, 2025
I often say there are two things that are very difficult: 1) Getting money out of people, and 2) Suing a Doctor/Dentist.
I am so sorry for your bad outcome. Unfortunately, every day there are bad outcomes in the medical field. If we could sue everytime there was a mistake and/or accident,... View More
I was hired as a licensed mental health therapist to perform roles within my expertise. My employer is aware that I am not authorized by my licensing board to operate outside my field, yet they are now requiring me to take on HR functions for which I have no training. They have informed me that if... View More
answered on Apr 2, 2025
Your employer cannot require you to do things that you are required, by law, to have a license to do, but they can require you to do additional tasks in addition to your regular tasks if they don't require such licenses. Therefore, if they are requiring you to do HR tasks, they can do that, as... View More
I am considering signing a settlement agreement with a mechanic company after claiming damages caused during a service repair on my vehicle. The mechanic misplaced the jack stand, which resulted in the door needing replacement. Based on the evidence I submitted and a final demand for payment, I... View More
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answered on Mar 24, 2025
Signing an agreement that voids any warranty could cause you to lose any rights you may have otherwise have had under Oregon law. I am not sure what the jack stand and door incident has to do with the work on the axle or the rationale for voiding the warranty, but I would question why that is. They... View More
I own a triplex in Gresham, OR, with two tenants. One tenant, currently on a month-to-month lease, will be signing a new lease with a roommate. We've agreed on the rent and security deposit, but I want to specify that the washer, dryer, dishwasher, and blinds are provided "as-is" due... View More
answered on Mar 7, 2025
The general rule is that a landlord has no obligation to provide appliances to a tenant. But if they do, they are obligated to maintain the appliances throughout the term of the rental agreement. Presumably a dwelling rents for more with appliances than without so part of a tenant's rent is... View More
engaged in a pattern of deceptive practices, including misrepresentation of terms, mishandling of payments, and wrongful fees that culminated in significant financial harm and distress.
• Claims Against Defendant:
• Breach of Contract: Specific breaches include:
•... View More
answered on Mar 6, 2025
An Oregon attorney could advise best, but your question remains open for a month. You outline a long list of grievances, but it looks like they share a common thread of being related to individual consumer lending practices. Therefore, your question of what kind of lawyer you need could cover the... View More
In August 2022, I had my gallbladder removed after being sent by a GI specialist, who performed an endoscopy and attributed my symptoms to anxiety. Despite the procedure, my abdominal pain persisted, and no imaging tests like a CT scan were done. In September 2022, I was diagnosed with stage 3B... View More
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answered on Feb 19, 2025
Time limitations are based on the concept that we don't want old, stale cases coming in court. We have to turn the page, so to speak. Ordinarily in negligence cases involving bodily injury the statute of limitations is two (2) years. So, given that time line, you were diagnosed with cancer in... View More
In August 2022, I had my gallbladder removed after being sent by a GI specialist, who performed an endoscopy and attributed my symptoms to anxiety. Despite the procedure, my abdominal pain persisted, and no imaging tests like a CT scan were done. In September 2022, I was diagnosed with stage 3B... View More
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answered on Feb 26, 2025
In Oregon, medical malpractice claims typically must be filed within two years of the alleged negligent act or from the date you discovered—or reasonably should have discovered—the injury, though there’s an ultimate repose period of five years for medical malpractice cases. Since your... View More
My son was bitten by a pitbull. The incident was reported to the authorities, and he received immediate medical treatment. We also know the owner of the pitbull and where the dog resides. What steps do I need to take to pursue compensation in this situation?
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answered on Feb 15, 2025
What steps should you take after a dog bites your son? I am going to assume that your son is a minor. If your son is over 18, then he would represent himself. You need to contact an attorney who specializes in dog bite cases. This is the short answer. You should not try to represent yourself in a... View More
My son was bitten by a pitbull. The incident was reported to the authorities, and he received immediate medical treatment. We also know the owner of the pitbull and where the dog resides. What steps do I need to take to pursue compensation in this situation?
answered on Feb 15, 2025
More information is needed to establish if there is liability. If the dog was off leash there is liability in most counties. See if you can find out from animal control if the dog has attacked anyone before. If the dog previously attacked someone there would be liability in all counties.... View More
I am seeking guidance on how to file for non-responsibility concerning my husband's interstate death. We were married for 32 years but lived apart when he passed away on January 28th of this year. His roommate has denied me access to his paperwork, personal property, and vehicles. She has also... View More
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answered on Feb 15, 2025
32 years is a long marraige, and I am sorry for your loss; and I know that being apart does not it easier. If you are still legally married, and you are the spouse, there is a lot you can do to move forward. In Oregon, you can file a Small Estate Affidavit and be given the necessary authority to... View More
I am seeking guidance on how to file for non-responsibility concerning my husband's interstate death. We were married for 32 years but lived apart when he passed away on January 28th of this year. His roommate has denied me access to his paperwork, personal property, and vehicles. She has also... View More
answered on Feb 15, 2025
There is nothing in Oregon called “non-responsibility.” If your husband died with no Will his estate is controlled by Oregon Intestate Law which means that his probate assets will go to you after his bills are paid (assuming he has no children who are not yours). If you want you can choose to... View More
I had my vehicle and travel trailer stored on a friend's property in Dorena, Oregon, where I was paying storage fees, but I didn't have a formal written agreement. My friend has passed away, and the property is now in escrow. I wasn't given any notice to remove my belongings. I have... View More
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answered on Feb 14, 2025
I'm sorry for the loss of your friend. You should be able to use self-help to retrieve your vehicle and trailer if you can do so peacefully. You should find out who is currently in charge of the security of the property--if it's in probate, the personal representative. It could very well... View More
I have lived in my apartment for three years under a fixed-term lease. My current lease ends at the end of this month, and I informed the property management today that I won't be renewing. The lease states that if the ending date falls within the first year of occupancy, I must provide at... View More
answered on Feb 13, 2025
It depends upon what your lease says about termination and whether you are terminating a fixed term lease or a month to month tenancy. Regardless, read your lease. The norm, however, is to require at least 30 days written notice (written means written - NOT email, text, verbal, etc.) and you would... View More
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