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Oregon Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation, Construction Law, Business Formation and Business Law for Oregon on
Q: I need help in regards to filing a lien on a construction project or write up a demand of payment letter

I was hired by a contractor to install siding and painting.The project is coming to a close and im still owed 54 thousand dollars plus 51 thousand dollars of change orders.I still have to pay out 95 thousand dollars to my subcontractors.I am told by other people that the general contractor said... Read more »

Daniel DiCicco
Daniel DiCicco answered on Jan 29, 2019

Sounds like you will need to sue them. I doubt a letter alone is going to dislodge $100k from someone. You need a real threat. Give me a ring and I can look at it with you.

1 Answer | Asked in Civil Litigation, Immigration Law and Medical Malpractice for Oregon on
Q: officer performed a sternum rub on me at a hospital while I was sleeping ,can I do something about it?(a lot more to it)

he kept going even after I got up from my bed as he kept saying " come on man up" mind I was in ICU, also there was a nurse/dr watching while he did this, this officer left this out of the police report but put everything else in it. theres more that I can discuss if there is something,... Read more »

Kelli Y. Allen
Kelli Y. Allen answered on Jan 22, 2019

I'm sorry to hear of your experience, but this is not an immigration issue. I suggest speaking with a civil attorney and also contacting the police department to request that the report be modified to include all relevant information.

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Oregon on
Q: The OSB agrees that I was a victim of the unauthorized practice of law, can I sue the landlord of the guilty party?

The OSB agrees that I was a victim of the unauthorized practice of law and is going after the guilty party for injunction relief and costs, the person had advertised themselves as a paralegal but did work and gave advice beyond what they were allowed, can I sue the landlord of the place where... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Jan 21, 2019

Only if the landlord was somehow involved. But, if I am reading you right, the person just lived there, and in that case, no. You also cannot sue the state because he made money and paid taxes.

1 Answer | Asked in Civil Litigation, Contracts, Collections and Small Claims for Oregon on
Q: Does the use of a unenforceable contract in small claims court rob the court of Subject Mater Jurisdiction?

Plaintiff took me to small claims court, using a lease agreement that violated public policy and included terms that would require illegality to perform, as the basis of claim. Would the plaintiff have standing? If not, could the default judgement be attacked due to the fact that it is void?

Daniel DiCicco
Daniel DiCicco answered on Dec 22, 2018

If you defaulted on the claim then your options are very limited. You will need to try and set aside the judgment but this is done somewhat rarely. You will not be able to do it without an attorney, and then you are facing a situation where it would very likely cost more to set aside the judgment... Read more »

1 Answer | Asked in Criminal Law and Civil Litigation for Oregon on
Q: Can a felon own black powder guns in oregon
Daniel DiCicco
Daniel DiCicco answered on Dec 6, 2018

A black powder gun counts as a firearm. "Firearm means a weapon, by whatever name known, which is designed to expel a projectile by the action of powder and which is readily capable of use as a weapon. "

1 Answer | Asked in Civil Litigation and Contracts for Oregon on
Q: Circuit Court Contract and Torte

I recieved a summons from a debt collection lawyer for OR21.160(1)(a) Mandatory arbitration l. breach of contract 2. Account Stated 3. Quantum Merit

Can I file a motion to dismiss with prejudice including all of the questions answered? Summons said I need to file a "motion" or... Read more »

Daniel DiCicco
Daniel DiCicco answered on Dec 4, 2018

It is unlikely that a motion to dismiss would be successful at this early stage unless you have incredible facts on your side. The proper thing to do is file an "answer" and start working through the court system. Failure to file an answer (or a motion to dismiss) can cause you to lose... Read more »

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Litigation for Oregon on
Q: Can I deny court mandated visitations if I feel there's a threat of harm?

My 8 yr old daughter's father was in prison for 6 years for assault with a deadly weapon & strangulation of his pregnant (now ex) wife. He had not been in contact with my child for almost 7 years. He got out this year & came to Oregon to see her for a week. He convinced me & our... Read more »

Jessica Larsen
Jessica Larsen answered on Nov 28, 2018

You can be held in contempt if you fail to abide by the parenting time established in your judgment. I think your best course of action if you believe your child is in danger is to file an immediate danger motion which could temporarily suspend parenting time until you are able to serve the other... Read more »

1 Answer | Asked in Car Accidents, Civil Litigation and Insurance Bad Faith for Oregon on
Q: Need to take an insurance to small claims, they have agents in the county does this count as having a physical presence

An at fault party's insurance company has neglected to reimburse for car rentals, which they agreed to pay for, or provide any closure. Even with police report (which I had to provide at my own expense) and video evidence it took almost 2 months to accept liability. One month after having my... Read more »

Jeff Merrick
Jeff Merrick answered on Nov 15, 2018

If your question is whether your county has jurisdiction over the insurer, odds are it does.

If you can't find the insurer's proper address with the Secretary of State's business registry, try the State Insurance Division.

It might be worth buying an hour of a...
Read more »

2 Answers | Asked in Civil Litigation and Collections for Oregon on
Q: I loaned an ex boyfriend 18k during the time we were together. He now has a good job, can I have his wages garnished
M. Nicole Clooten
M. Nicole Clooten answered on Nov 13, 2018

Unless you had some sort of contract, preferably in writing, you would have a difficult time getting a judgment against, which is required in order to get a writ of garnishment. I would contact an attorney that specializes in contract law if you think that the intent of both of was to pay you... Read more »

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1 Answer | Asked in Civil Litigation, Contracts, Small Claims and Landlord - Tenant for Oregon on
Q: Can we recover down pyt from rent to own if we have written agreement for some of the time weve been doing this

We have all cancelled checks showing part of money is rent ,additional is toward down pyt.. we never had any document notarized and we were not happy with part of agreement byt felt pressure because we had already been paying -w/o written agreement and we had no where else to move

Gregory L Abbott
Gregory L Abbott answered on Oct 15, 2018

It largely depends upon what the written agreement says and, in the end, what the seller/landlord admits or disputes. The only way to know much is to take everything you have in documentation to an attorney for evaluation and review. Sadly, your feeling pressured and/or having no where else to go... Read more »

4 Answers | Asked in Civil Litigation, Wrongful Death, Personal Injury and Gov & Administrative Law for Oregon on
Q: Are there any personal injury attorneys licensed and familiar with practice in BOTH arizona AND oregon?

My dad was murdered in lake havasu city, AZ, I live in OR..OR doesnt really help because the crime wasnt committed here, AZ has done very little more than make me feel even more confused, alone, lost, rejected, wrong for needing help/having questions & having absolutely no idea of what i can or... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Sep 12, 2018

There probably is, but it would be time consuming to find those few who do. That said, you do not need an Oregon attorney, you need an AZ one that does wrongful death. Just do a Google search for wrongful death attorney in the closest bigger city and then make some calls.

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1 Answer | Asked in Contracts and Civil Litigation for Oregon on
Q: Ex girlfriend is on my title of a 2012 Dodge Avenger. Ex left over a year ago of her own volition, Wont sign or release

Car was bought using my Veteran Service connected disability settlement. Ex Was A Girlfriend Not A Wife

Joanne Reisman
Joanne Reisman answered on Jun 20, 2018

Unmarried couples can still have a financial relationship that needs to be untangled with the help of the court. Unlike a marriage you are not at risk for being ordered to pay spousal support. You might need to contact a family law lawyer for assistance. You can file what is called a dissolution... Read more »

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Oregon on
Q: I need to evict a housemate due to illegal drug use (meth). She is not on the lease.

Originally 3 housemates on the lease in the home, one moved 2/3 way through lease and we sublet temporarily to someone. Lease is up in 6 weeks and we are giving the house up, however the temp roomie is using meth and we would like to evict, so wondering what my options are.

Gregory L Abbott
Gregory L Abbott answered on May 17, 2018

Not enough info here to know. Is subletting allowed by your lease (most do not allow it)? Who does this person pay her share of the rent to - the landlord or one of you roommates? IF she truly is just a co-tenants, you have no right to terminate her tenancy or evict you, anymore than she has the... Read more »

2 Answers | Asked in Business Law, Civil Litigation, Contracts and Employment Law for Oregon on
Q: Can I sue a company for lost wages who recruited me and then went bankrupt 3 months later due to hidden money issues?

Company recruited me away from a 14 year career and offered me 150 k salary and 20k equity stock. Three months later the board fired the ceo and at the same time the new cfo did an analysis on the company’s finances and found 80 million dollars of debt that was not disclosed to any new employee.... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on May 11, 2018

You could certainly try, but given they are bankrupt it may be a pointless effort since they have no money.

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1 Answer | Asked in Civil Litigation for Oregon on
Q: How do I know if a civil subpoena is valid and if I am actually required to provide every item requested?

I am a bookkeeper in Oregon and received a civil subpoena requesting all bank statements, electronic books, tax returns, general ledgers, financial statements, emails, phone records, payments, receipts, etc...for 10 different entities of a former client for a 7yr period of time. How do I know if... Read more »

Benton R Patterson III
Benton R Patterson III answered on May 4, 2018

You should be able to contact the attorney responsible for sending the subpoena and the court that granted it to verify its accuracy. You should consider retaining your own attorney to help determine what document should be produced.

1 Answer | Asked in Family Law and Civil Litigation for Oregon on
Q: after 11 months I recieved a date to modify parenting time and child support. I recieved a default judgement

Judge refused a setover after 2 snow days and 2 of 3 witnesses not able to attend due to closures of school. what form do I use to vacate and set aside the default judgment?

Joanne Reisman
Joanne Reisman answered on Feb 25, 2018

You need to file a motion and order to set aside the default. I don't think there are forms for that. You can also file a new motion to modify parenting time but the Judge may dismiss it stating that the matter has already been ruled on, but the other side would have to ask for a dismissal... Read more »

1 Answer | Asked in Business Law, Civil Litigation, Criminal Law and Arbitration / Mediation Law for Oregon on
Q: Is it illegal to walk out of a nail salon without paying if you received terrible or incomplete service

Our appointment was for a full set and pedicure and waxing. We got a pedicure and waxed but the salon skipped over us for the full set and said we had to come back over an hour later if we still wanted it done. They were being very rude to us and it was embarrassing so we just stopped arguing with... Read more »

Joanne Reisman
Joanne Reisman answered on Feb 12, 2018

You got some service so you should at least offer to pay for the part of the service you got.

2 Answers | Asked in Real Estate Law, Small Claims, Civil Litigation and Legal Malpractice for Oregon on
Q: I had an appraisal done on my house & 3 years later, the value hasn't changed. Do I have a case against appraiser E&O?

This was result of dealing with a litigation with EX (not divorce) and I fought the appraiser on the value, as I'm in real estate, also had shared the value with another friend of my in real estate no one could believe the value he was giving it. I had also provided him with the $30k in... Read more »

Joanne Reisman
Joanne Reisman answered on Feb 2, 2018

I am not sure what your legal question is. The appraisal at a given point in time has nothing to do with the value at any other point it time. An appraiser is supposed to give you their professional opinion of a value of real estate on a certain date. You can always testify and give your opinion... Read more »

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1 Answer | Asked in Civil Litigation and International Law for Oregon on
Q: How do I serve someone who moved to the country of Panama for a court matter in the state of Oregon?
Joanne Reisman
Joanne Reisman answered on Jan 7, 2018

You will have to figure out what the requirements for international service are for that country. Usually you start by looking to see if that country is a member of the Hague convention and if they are, then you read the rules for service that are part of their agreement/adoption of the Hague... Read more »

1 Answer | Asked in Civil Litigation and Estate Planning for Oregon on
Q: What kind of a lawyer handle a matter regarding a dead woman estate w

The woman died and she have adult kids but the grandmother is administering her estate.

Joanne Reisman
Joanne Reisman answered on Nov 17, 2017

You need to contact a probate lawyer. A probate lawyer can help you even if the estate isn't going through a formal court probate as this type of lawyer handles all cases where someone dies and the survivors need help with the decedent's final financial affairs.

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