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Oregon Civil Litigation Questions & Answers
2 Answers | Asked in Civil Litigation and Small Claims for Oregon on
Q: How to inform courts of improper service in Circuit Court tort matter in Oregon?

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

TeAnna Rice
TeAnna Rice
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...
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2 Answers | Asked in Agricultural Law, Civil Litigation, Real Estate Law and Personal Injury for Oregon on
Q: What rights do I have to stop my neighbor's irrigation from damaging my property?

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

Jina Ly Clark
Jina Ly Clark
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

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2 Answers | Asked in Family Law, Probate, Civil Litigation and Personal Injury for Oregon on
Q: How to file for non-responsibility for husband's death in Oregon without access to documents?

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

Brad  Holbrook
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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

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2 Answers | Asked in Family Law, Probate, Civil Litigation and Personal Injury for Oregon on
Q: How to file for non-responsibility for husband's death in Oregon without access to documents?

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

Theressa Hollis
Theressa Hollis
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

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1 Answer | Asked in Real Estate Law, Civil Litigation, Contracts and Personal Injury for Oregon on
Q: What can I do to retrieve belongings from escrowed property?

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

Brad  Holbrook
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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

1 Answer | Asked in Criminal Law, Civil Litigation and Elder Law for Oregon on
Q: What steps to take? Friend using vehicle &won't return, demands money for unauthorized repairs. I am 71 & in wheelchair

Of course, there's more details just don't know where to begin. Guy may have accessed personal records including vehicle title, won't return my calls.

Theressa Hollis
Theressa Hollis
answered on Sep 30, 2024

If you have clearly communicated to your friend that you want your vehicle returned then I would call the non-emergency number for your local police to report it stolen. The issue of the repairs will have to be dealt with separately. It's possible that your friend could sue you in small... View More

1 Answer | Asked in Estate Planning and Civil Litigation for Oregon on
Q: What does a person do when you suspect a trustee is actually fabricating attorney invoices, and fake checks.

I believe the trustee of my mother's trust is committing fraud. I suspect he has fabricated an invoice from an attorneys office, says he retained the attorney for an appeal. ( There was no appeal after probate hearings) there's a check made out to attorney for $4000.00 that looks fake. If... View More

Theressa Hollis
Theressa Hollis
answered on Apr 23, 2024

You could certainly inform the attorney of your suspicions. However, he will probably not be able to tell you if he has been retained by the Trustee due to attorney/client privilege rules. You can ask the Trustee for a copy of the front and back of the check that has been processed by the bank.... View More

1 Answer | Asked in Civil Litigation for Oregon on
Q: What time frame can I give someone to remove all of their belongings from my home, storage, and truck?

Someone who has not lived with me for over a year but was allowed to store their stuff at my storage unit and home and allowed to use my vehicle. Will not give me back any of my keys due to the fact that their stuff is still at the two places and is also in my vehicle. How long can I give them to... View More

James L. Arrasmith
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answered on Apr 10, 2024

In the state of Oregon, the specific time frame for someone to remove their belongings from your property may depend on the nature of your relationship and any prior agreements. However, here are some general guidelines:

1. Provide written notice: Give the person a written notice requesting...
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1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Health Care Law for Oregon on
Q: State hospital said my son was on life support and had to come down and make arrangements and say goodbye to him wasn't.

Him. Hospital escorted me and family out of there a d to the parking lot with a sorry. My family and I are have struggled since. What came we do I feel violated and scared I cry and any thought of a child hurt I burst into tears

James L. Arrasmith
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answered on Mar 15, 2024

This is a deeply traumatic experience, and it's understandable that you feel violated and scared. First, consider speaking with a counselor or therapist who can provide emotional support and help you and your family navigate through this difficult time. Coping with such a severe mistake can... View More

1 Answer | Asked in Real Estate Law, Civil Litigation and Civil Rights for Oregon on
Q: Can someone trespassing on your property record you even when you have told them they may not?

The area where the person was recording was NOT visible from anywhere in view or even by air (think thick grove of trees). The person being filmed was clear about not being recorded. No crime of any kind was being committed by the landowner. The person filming was trespassing after being told not... View More

James L. Arrasmith
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answered on Feb 24, 2024

In Oregon, recording someone without their consent in a private place where they have a reasonable expectation of privacy is generally illegal. If you explicitly told the person not to record you on your property and they proceeded to do so anyway, their actions may constitute a violation of your... View More

1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Constitutional Law for Oregon on
Q: I'm in a Oxford house in Portland, Oregon and I feel harassed, attacked verbally and slandered by this transgender.

This woman's house was supposed to be a safe place yet icant stay here with the daily verbal assults. Can I sue the Oxford house for discrimination and any other thing you could think of as iam leaving with no where to go because I don't feel mentally stable. I can't take this abuse... View More

James L. Arrasmith
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answered on Jan 8, 2024

In Oregon, if you're experiencing harassment, verbal attacks, and slander at an Oxford House, you may have legal grounds to take action. First, it's important to document all instances of such behavior. Keep a record of dates, times, and details of these incidents as this documentation... View More

1 Answer | Asked in Civil Litigation for Oregon on
Q: If i have my stuff at someone's house but someone else there throws it all away/damages it can i sue them?
James L. Arrasmith
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answered on Jan 6, 2024

If your belongings were thrown away or damaged by someone else while at another person's house, you may have grounds to sue for damages. The key factor in such a case is proving that the person who disposed of or damaged your property did so intentionally or negligently, and that their actions... View More

1 Answer | Asked in Banking, Civil Litigation and Contracts for Oregon on
Q: Registration extension to reinstate license and replace the damaged items in full succession. How to make it happen. ??

1946 through 2026 already paid for.

James L. Arrasmith
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answered on Dec 30, 2023

To reinstate a license and replace damaged items, the first step is to understand the specific requirements set by the relevant licensing authority or agency. Each type of license has its own set of rules and processes for reinstatement.

If you've already paid for the period from 1946...
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1 Answer | Asked in Civil Litigation, Civil Rights and Personal Injury for Oregon on
Q: If you mention mental illness to an officer should they refuse to help you and you suffer for it. Is that discrimination

I have been physically violated, 10 cats killed, all my possessions stole, strangled,beat and to much to mention here. Mountains of suffering, and it continues today. But they say I'm emotionally disturbed and refuse to assist me in any way. Yet they won't speak to my Dr. Either. They are... View More

James L. Arrasmith
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answered on Nov 18, 2023

If you have reported crimes to law enforcement and they have refused to assist you based on your mental illness, this may constitute discrimination under the Americans with Disabilities Act (ADA). Law enforcement officers are required to provide equal protection and service to all individuals,... View More

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Oregon on
Q: Title stolen and person forged my signature to chang3 to there name

Ex step son stole my title and gave it and truck to a friend who forged my signature on title and back dated. I have proof but police won't Doba report told me to let it go . It's about 200k in property that was taken. And dmv said they would get the title changed back but need a police... View More

T. Augustus Claus
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answered on Nov 15, 2023

In Oregon, theft and forgery are both felonies. This means that they are serious crimes that can result in significant penalties, including prison time. If you can prove that your ex-step son stole your truck and forged your signature on the title, you may be able to get him arrested and charged... View More

1 Answer | Asked in Civil Litigation and Medical Malpractice for Oregon on
Q: How can a court reopen discovery without a motion in Oregon?

In a case concerning delay in treatment with allegations of aiding and abetting in the practice of medicine, discovery was reopened by the court without a motion from either party. The defendants responded to my motion by stating that discovery needed to be reopened and that outside assistance... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Oregon, a court has the discretion to reopen discovery even without a formal motion from either party, especially if it believes that fairness and justice require it. The court might act on its own initiative if it feels that crucial evidence has not been adequately examined or if new... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Family Law for Oregon on
Q: Lifetime order discrepancy after verbal denial, transcript type needed. Steps to correct without blaming judge?

I was involved in a court case where an individual sought a stalking no-contact order against me. The judge verbally denied the order as there was no evidence, instead telling us both not to contact each other for 90 days. Recently, I obtained court documents showing a lifetime order signed against... View More

James L. Arrasmith
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answered on Apr 13, 2025

To correct the discrepancy between the judge's verbal denial and the lifetime order in the court documents, you first need to obtain an accurate record of the court hearing. You should request a **certified transcript** or **FTR (For The Record) audio copy** of the hearing, as these will... View More

1 Answer | Asked in Divorce, Domestic Violence and Civil Litigation for Oregon on
Q: Can I modify a divorce decree due to threats from ex-spouse?

I got divorced in Oregon in August 2024, and a stipulation in the decree requires me to provide my address to my ex-spouse for life. Since then, she has escalated to making threats, including saying she will "get on a plane and hunt me down" if I don't provide information about my... View More

James L. Arrasmith
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answered on Apr 13, 2025

You can file a motion to modify the divorce decree based on the threats and unsafe behavior you've described. In your motion, explain the situation in detail, including the threats and the discovery of the tracker, which clearly demonstrates a violation of your safety. You should request that... View More

1 Answer | Asked in Real Estate Law and Civil Litigation for Oregon on
Q: What are our options if neighbors don't fix drainage causing flooding?

I live in a house in Eugene, OR, and we've had flooding twice over the last three months, though we've lived here for two years without prior issues. After the first flood, we installed new French drains in our backyard. Recently, we noticed water from the property above draining into our... View More

James L. Arrasmith
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answered on Apr 12, 2025

It sounds like you're dealing with a frustrating situation, especially after making your own efforts to manage the drainage problem. Since your neighbors acknowledge the issue but have not taken action, you may want to document your communications with them and any efforts you've made to... View More

1 Answer | Asked in Landlord - Tenant, Civil Litigation, Civil Rights and Personal Injury for Oregon on
Q: Legal steps against violent neighbors and unresponsive landlord.

I have been experiencing extreme noise and violent behavior from my downstairs neighbors for the past six months. The disturbances include loud fights, a knife incident in the shared stairwell, and a death threat if I or my son stomp on the floor to ask them to quiet down. I've emailed... View More

James L. Arrasmith
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answered on Mar 24, 2025

Your situation sounds truly frightening, and you have every right to feel safe in your home. Since both your landlord and police haven't adequately addressed these serious threats, it's time to escalate your actions through several legal channels.

You might consider filing for a...
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