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Oregon Civil Litigation Questions & Answers
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.

1 Answer | Asked in Civil Litigation, Small Claims and Consumer Law for Oregon on
Q: What can I do if I have title, registration,tags and current insurance on a truck but somebody has had the truck for 3yr

And has only done 6months work on it and has been paid $5500 and my dad recently past away and this guys wont give my dads truck back. What can i do about this. The truck is not his and hes being real rude since my dad has dies and my mom had all info and stuff for that truck

Gregory L Abbott
Gregory L Abbott answered on Aug 31, 2017

If this fellow is still owed money for work he has performed on the truck, then he has a mechanic's lien on the truck and can keep it as collateral until he is paid in full. Then he has to release it, but technically only to the Personal Representative or Claiming Affiant of your... Read more »

1 Answer | Asked in Civil Litigation and Real Estate Law for Oregon on
Q: Oregon civil complaint to quiet title, when can an amended complaint be refined by plaintiffs? If filed a motion already

Chronological order of filings first is the complaint second my motion to dismiss third their response to my motion to dismiss fourth their amended complaint filed. Can they do this with no requests for leave of court to file?

Joanne Reisman
Joanne Reisman answered on Aug 13, 2017

Hire an attorney who knows the laws of civil procedure. If you are on the internet asking these type of questions you need professional help. And no, no Attorney can answer this by reading only your description. An attorney is going to want to review all the pleadings and talk to you. You... Read more »

1 Answer | Asked in Civil Litigation, Real Estate Law, Criminal Law and Landlord - Tenant for Oregon on
Q: A property owner hires a tow company but keeps this a secret from the tenants for the tow company . Is coercion ?

Secret made between company's for the purpose of monitory gain try deceit

Joanne Reisman
Joanne Reisman answered on Aug 13, 2017

Have no clue what exactly is going on here from your rather sparse description. Please go and consult with an attorney and discuss all the details in a private office conference. You might want to call the Oregon State Bar for a name on their Lawyer Referral List and you will get a short... Read more »

2 Answers | Asked in Civil Litigation, Contracts and Consumer Law for Oregon on
Q: I submitted currency to Heritage Dallas to sell for me. They did not handle my coll. as it was presented to me.Recourse?

I was told collection would be evaluated (each piece as I had over 9,000) graded, and put to auction. This was not the case. They were lazy and sold by collection by geographical area in 8 different lots. Sold for less than 4k. Was told would fetch up to 10-12k. They misrepresented the process... Read more »

Joanne Reisman
Joanne Reisman answered on Jul 15, 2017

There is probably some type of agreement you signed, either a paper agreement or an online agreement. You will need to take this agreement and copies of all documents showing what Heritage promised they would do in terms of selling your collection and go to an attorney to get your case evaluated.... Read more »

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1 Answer | Asked in Civil Litigation, Personal Injury and Workers' Compensation for Oregon on
Q: I was just informed I meet all criteria under ors 147.015 and will be compensated under ors147.005 to 147.365

What claims can I file? Can I still request my rights?

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Jul 9, 2017

You really should find a worker's comp attorney. From my understanding, is they are paid in a way that does not decrease what you get.

2 Answers | Asked in Civil Litigation, Family Law, Elder Law and Car Accidents for Oregon on
Q: My parents are 89 & 90. My Dad still drives. He should not be driving. What is my liability?

This is a broad question. Please help me understand what risk my siblings and I may have for our father driving. Is there any case law in Oregon setting precedence? In my mind's eye, we have a moral obligation to the public. My questions are: Knowing our Dad should probably not be driving... Read more »

Joanne Reisman
Joanne Reisman answered on Jul 5, 2017

If you father does not live in your house, isn't driving your car, and isn't listed on your car insurance, I don't think you have any legal ties to him such that the damages for an accident he causes will come back on you. The indirect financial problem would be that if he causes an... Read more »

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1 Answer | Asked in Civil Litigation, Contracts, Real Estate Law and Landlord - Tenant for Oregon on
Q: If I break my lease and pay the lease termination fee, when is that fee due? In Oregon.
Joanne Reisman
Joanne Reisman answered on May 23, 2017

Leases are contracts so the terms of you contract should govern what the consequences are of breaking your lease. If the contract doesn't specify you and your leasing agent should agree on something, but within 30 days would be reasonable, although not necessarily a rule. What you don't... Read more »

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