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Oregon Civil Litigation Questions & Answers
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Q: lease renewal letter to accept by end of month then rescinded before that..put on month to month.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 Today he received a letter saying that that has been rescinded and it is now going to be month to month.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 But if he rescinded before your boyfriend accepted the renewed term lease, your boyfriend in now likely going to be on a month to month.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

1 Answer | Asked in Civil Litigation, Contracts and Small Claims for Oregon on
Q: CAN I GET A COPY OF A RECORDED CONVERSATION FROM UNITED SERVICE PROTECTION IF I SIGNED A CONTRACT WITH THEM?

I SIGNED A CONTRACT AND PURCHASED AN EXTENDED WARRANTY FOR MY VEHICLE UNDER THE INPRESSION THE INJECTORS WERE COVERED. I SPECIFICALLY ASKED MULTIPLE TIMES ABOUT INJECTORS AND WAS TOLD YES. THEY DID NOT COVER THE INJECTORS, THE SALESMAN IS NO LONGER EMPLOYED AND THEY WILL NOT GIVE ME ANY RECORDINGS... Read more »

Gregory L Abbott
Gregory L Abbott answered on Nov 4, 2020

They do not have to provide you with any of their records unless and until you file a lawsuit against them in court and then issue a request for production. At that point, if they admit having the records, they would be obligated to either provide the requested material or to legally deny their... Read more »

1 Answer | Asked in Civil Litigation and Libel & Slander for Oregon on
Q: Opposing counsel claims that I am a public figure. There has not been discovery .

I have filed many objections and the objections are ignored. The opposing attorney has pushed this false assertion of me being a public figure, all the way up through the appellate courts. Therefore this entire case is being handled as if I'm a public figure, when I am not a public figure. He... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 25, 2020

An Oregon attorney could advise best, but your post remains open for two weeks. You did not ask a question, but from your post it looks like you brought a defamation action against someone for something they said about you. I think that your adversary is arguing that you are a public figure in... Read more »

1 Answer | Asked in Civil Litigation for Oregon on
Q: Can The lawyer add things into a settlement agreement after the settlement agreement has been signed by both parties
Tim Akpinar
Tim Akpinar answered on Aug 14, 2020

An Oregon attorney could best advise, but your question remains open for three weeks. As a general rule, the answer is usually no. Once they're signed by both sides, it's generally not acceptable for one side in the matter to take it upon themselves to change things in settlement... Read more »

1 Answer | Asked in Banking, Business Formation, Business Law and Civil Litigation for Oregon on
Q: I had a business associate who was going to be a partner rip me off for a lot of money and inventory. We started

I had a business associate who was going to be a partner rip me off for a lot of money and inventory. We started a new joint bank account together at banner bank. What I did not know was he was friends with the assistant manager of the bank. So the next day she cancelled our joint banking account... Read more »

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jul 8, 2020

If you opened a personal joint bank account, it is usually opened "A or B",not "A and B", which makes a huge difference. If the account was opened as "A or B" or "A,B", the meaning is the same. The Terms and Conditions agreement you would have been given by... Read more »

1 Answer | Asked in Civil Litigation for Oregon on
Q: A bolt washer inside Ruffles Double Crunch Zesty Cheddar chips

I bought a bag of Ruffles Double Crunch Zesty Cheddar and I bit into something hard. Come to find out there was a washer inside the chip bag that I almost swallowed. This could of been very life threatening and would like compensated and them to be held accountable for this.

Tim Akpinar
Tim Akpinar answered on Jun 28, 2020

An Oregon attorney could best advise here, but your post remains open for a week. I'm sorry for your ordeal, but these types of cases tend to be based on actual damages, generally supported by medical records. You're correct in that it could have been life threatening, but it is difficult... Read more »

1 Answer | Asked in Civil Litigation, Consumer Law, Personal Injury and Products Liability for Oregon on
Q: In 1974 I was a victim of a flammable pajamas incident. Skin grafting involves. They should be held accountable !!
Tim Akpinar
Tim Akpinar answered on Jun 7, 2020

This is something on which an Oregon attorney could advise best, but you await a response for a week. I'm sorry for your ordeal and the serious injuries you must have suffered to necessitate skin grafting. Unfortunately, it might be difficult to pursue legal remedies at this point in time. You... Read more »

1 Answer | Asked in Civil Litigation for Oregon on
Q: I live in a HOA where the BOD is using the COVID-19 Emergency to have "emergency" closed meeting via the phone. Legal?

They say they are "Grandfathered" in and the rules do not pertain to them as the attorney has told them. I want to contact the Attorney General, but was told that there is a clause in which we have to have mediation first. How do you mediate breaking the law?

Gabriel A Watson
Gabriel A Watson answered on May 13, 2020

The answer to this question will depend heavily on what allowances exist in the HOA bylaws and whether the Board of Directors is following them.

If the bylaws allow emergency meetings under conditions such as those that exist relating to COVID, it is possible the Board of Directors is...
Read more »

1 Answer | Asked in Business Formation, Civil Litigation, Communications Law and Landlord - Tenant for Oregon on
Q: Does 1 have to be late w/rent directly due to Coronavirus to be exempt from eviction for the next 6 mos in Mult. Co?

The moratorium said those who dont have the virus but are late will not be at risk of eviction but I've just paid my rent 8 hours late and my landlord is still attempting to follow thru on the 72hr notice. It also seems to me this prop mgmt company is predatory. I fell down the steep crooked... Read more »

Gregory L Abbott
Gregory L Abbott answered on Mar 19, 2020

A landlord does not have to accept rent paid after a 72 hr deadline and normally can proceed to evict if they wish. Currently however no court in Oregon is processing or enforcing residential landlord-tenant cases so the landlord can do little at the moment to enforce rent payments. If they DO... Read more »

1 Answer | Asked in Civil Litigation, Contracts, Real Estate Law and Tax Law for Oregon on
Q: Is a cash for keys buyout of my lease taxable income? If so is it regular income or capital gains income?

We lived in the same apartment in Los Angeles for ten years. The landlord let the building degrade over that time refusing to fix basic things like the roof leaking into the bedroom every winter from the start of the lease, not fixing broken security gates & doors, leaving the front gate of the... Read more »

Andrew M Steiger
Andrew M Steiger answered on Jan 31, 2020

It’s hard to say without seeing the lease and buyout agreements. In some cases, taxpayers can argue that a payment like that is actually a reduction in the monthly lease payments based on not receiving the value that you initially bargained for. In other words, an adjustment to the purchase... Read more »

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Civil Rights for Oregon on
Q: Are CPS workers allowed to refuse to give a parent a UA if they ask for one?

My son was in the care of someone else while I was at home packing our belongings to flee from a bad situation that I did not want him around. While he was with the other individual he ingested narcotics and almost died. I met him and the person providing care for him at the hospital and the next... Read more »

Joanne Reisman
Joanne Reisman answered on Nov 3, 2019

This is too complicated to figure out based on your brief synopsis. You need to contact an Attorney who can both review your details of what happened and review the court records. A reunification plan is only when there is a juvenile court proceeding and in a juvenile court proceeding you would... Read more »

3 Answers | Asked in Civil Litigation, Personal Injury and Car Accidents for Oregon on
Q: We received a summons to file a motion and don't think we are a fault. How do we proceed on a limited income?

A 14-yr.-old was struck by a car on the corner by our property in 9/17. We learned of this in August 2019, when we received a letter from a lawyer saying we are partially liable because our hedge was overgrown, and our homeowners insurance should pay. The hedge was overgrown/very tall when we... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Oct 17, 2019

Do what the attorney had said, turn this over to your homeowners insurance. They will then hire an attorney and defend you.

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