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Oregon Civil Litigation Questions & Answers
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... View 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.... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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.... View 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... View 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... View 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... View More

1 Answer | Asked in Business Law, Civil Litigation, Employment Discrimination and Employment Law for Oregon on
Q: Can an employer ask for on-site random drug test in a public restroom in plain sight of the customers you service?

I am a retail pharmacist in a small Oregon town. My employer is initiating on-site quarterly random drug testing. The problem is, we only have one bathroom and it is designated public. The bathroom door is about 5 feet from where customers line up for prescription drop-off and counsels, and any... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on May 16, 2017

I am not aware of any law that would prohibit this. However, your first step should be to take your concerns to management. A well laid out argument that addresses exactly why this is a bad idea for the company (e.g. lost customers), along with a well thought out plan to address those concerns but... View More

1 Answer | Asked in Real Estate Law, Civil Litigation and Land Use & Zoning for Oregon on
Q: Oregon- When a neighbors tree falls causing substantial damage who owns the tree?

A neighbors 87 year old Myrtle tree fell in our yard causing substantial damage to out structures pulling out all services within the home. We have been in a hotel for 3 weeks. The tree lays 85 x 50 x 40 feet high across 2 of our lots. The cost to remove the canopy was $10,500 with an additional... View More

Joanne Reisman
Joanne Reisman
answered on Apr 26, 2017

Call your home owner's insurance and let them take care of it. If your neighbor sues you they will defend you. Just pay your deductible. I think your neighbor is responsible for the tree falling on your house. A property owner needs to inspect trees and make sue they are stable. (I... View More

1 Answer | Asked in Civil Litigation and Contracts for Oregon on
Q: Can you sue a veterinarian for breach of bailment for hurting your pet in Oregon?
Joanne Reisman
Joanne Reisman
answered on Mar 20, 2017

You haven't given enough facts to allow us to determine if a breach of bailment theory would be the right cause of action. It could be. Generally speaking a pet is considered personal property and if someone is negligent in how they care for your pet, you can sue them for the negligence.... View More

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Employment Law for Oregon on
Q: can I sue when business fires me for same criminal background check they approved me for when hiring?

I was hired by an employer in Portland Or, after disclosing my complete criminal background and them approving me for hire. a week later they sent me across country to North Carolina to work, so I sold my car and everything I owned here on the promise of work there with stipends, paid everything... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jan 26, 2017

You have also asked this on Avvo.com, so I would recommend waiting for responses there.

1 Answer | Asked in Business Law, Domestic Violence and Civil Litigation for Oregon on
Q: My ex finance refuses to pay money he owes and return my property. There is physical and verbal abuse what do I do?

My ex pushed a quick engagement and moved me from CA to OR. I quit my job, sold many things and moved. He stated if there was a break up he would move me back and pay for my expenses to reestablish. I worked for him part time and he refuses to pay outstanding wages and refuses to pay the... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jan 23, 2017

First, if you knew all about his past to begin with, why did you agree to date him let alone move for him? While not a legal question, it is something to ponder, as a jury will do the same if you went all the way to court on many of your above issues.

Otherwise, I would also suggest not...
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