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Oregon Small Claims Questions & Answers
1 Answer | Asked in Small Claims, Civil Rights and Sexual Harassment for Oregon on
Q: What is considered evidence for pet theft.

Someone says they walked your dog and he got away. 2 months later and still no sign of dog. Flyers posted craigslist and fb postings. Checked dog shelters.

William Jaksa
William Jaksa answered on Sep 3, 2019

What could be considered evidence is something that depends on the circumstances. In your case, it seems that you would need something to prove that they had your dog, or control of your dog, after the time they say it ran away. Were they seen with the dog? Are they advertising a dog for sale? Is... Read more »

1 Answer | Asked in Child Support, Gov & Administrative Law, Small Claims and White Collar Crime for Oregon on
Q: If my employer takes money out of my check for a draw and there's no signed document giving permission can I ask 4 it b

Can I make him pay it back and can I make him pay back all money taken out of my checks this way ? If so how far back can I make him pay me? He wasn't showing draws on my check stubs for two years . He was taking hours away from my pay to pay himself back. I demanded he pay my hours and show the... Read more »

William Jaksa
William Jaksa answered on Sep 2, 2019

He could be breaking the law, BUT it sounds more like a small claims or employment matter. That being said, there are some things that you need to consider. There doesn't need to be a written and signed document for you and your employer to have an agreement, but that is always best. You could be... Read more »

1 Answer | Asked in Consumer Law and Small Claims for Oregon on
Q: Hi thank you for taking the time to read my question. I have a contractor that I have started a small home project with

I had him replace widows, which started out wrong. He measured one of the windows completely wrong and we didn't discover it until they went to put it in and it didn't fit. Custom ordered mind you. He needed to fix that problem which is still incomplete from March 2019. I then, decided to let him... Read more »

Gregory L Abbott
Gregory L Abbott answered on Jul 10, 2019

You need to review everything in detail with a local attorney. Depending upon the size/dollar amount of the job, contractors are usually required to put their bids in writing and give you written notice of your rights as a homeowner and notice that if you pay the general contractor but he fails to... Read more »

1 Answer | Asked in Landlord - Tenant and Small Claims for Oregon on
Q: I lived with a friend for 8+ months rent free with no formal agreement. He gave me 19 days to leave. Is this legal?

My friend let me stay rent-free and off-lease in the second bedroom of his apartment(s) in the city of Portland (we moved to a 2nd apt during 8+ months). On April 11th he text me that I needed to start paying $1,000/month, including the month of April, or leave by May 1st. I left to go out of town... Read more »

Gregory L Abbott
Gregory L Abbott answered on Jun 10, 2019

There is no question that you are entitled to recover your mattress and any other personal property. IF you were a tenant, then you might have claims against him for landlord-tenant violations (or perhaps not since you apparently left "voluntarily" - it depends upon the exact details). But if you... Read more »

3 Answers | Asked in Car Accidents, Civil Rights, Real Estate Law and Small Claims for Oregon on
Q: A car drove into the side of my house what can I use the driver for? It scared my grandchildren my pets and my family
Joanne Reisman
Joanne Reisman answered on Jun 8, 2019

You can sue the driver for the damage to your house. Emotional damages (pain and suffering) can only be requested by a person who was physically injured.

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1 Answer | Asked in Collections and Small Claims for Oregon on
Q: When notifying a client of a bad check, does a Certified Mail letter serve as proof, even if failed delivery attempt?

I need advice on collecting on a bad check. A client of my pet care business wrote me a bounced check for $420. I have alerted her via email (no replies), phone (disconnected numbers), and Certified Mail (failed delivery attempt). I understand that I likely need to take this to Small Claims Court,... Read more »

Joanne Reisman
Joanne Reisman answered on May 9, 2019

Do you have the original check back in your possession? I used to just take the check back to the bank it was written on (her bank) and ask the bank if they had sufficient funds so I could cash the check. Sometimes I would get lucky and the bank would pay me. You could try to cash it around the... Read more »

3 Answers | Asked in Personal Injury, Civil Litigation and Small Claims for Oregon on
Q: Can I sue my ex for my bill to college if she caused my homelessness by breaking up with me during my unemployment?

We were both living with her friends from work and we got in a fight one day going to work/school and during her day at work she broke up with me and I was immediately rendered homeless. This caused me to have to move to another state and be unable to go to the college. It was past the time limits... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Mar 29, 2019

No.

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1 Answer | Asked in Small Claims for Oregon on
Q: I gave 90-day eviction notice to my tennants. 90th day is last day of rental agreement. They're still bound 'till June1?

I have a rental agreement with my tennants 'till June 1st, but my wife,daughter and myself will be moving back in upon the end of the rental agreement and this is my sole property. I've sent (they must sign for it) a letter issuing them a 90-day no-cause eviction only because I need to make sure... Read more »

Gregory L Abbott
Gregory L Abbott answered on Mar 11, 2019

Your posting raises several potential issues, some of which require further information before being able to be answered, most notably whether you can terminate the tenant's tenancy under the new State law. Some of your questions though are quite answerable. First, the tenant owes rent for every... Read more »

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 »

2 Answers | Asked in Civil Rights, Real Estate Law and Small Claims for Oregon on
Q: Living at step mom house

Basically living in my step mom house till i close on my house on the 30th. My dog rip up the carpet im the room in staying in. Im going to replace the carpet because the carpet in this room now is 20 plus years old. Now shes saying she wants the padding and closet done to or shes going to sue me.... Read more »

Joanne Reisman
Joanne Reisman answered on Nov 28, 2018

Just humor your mother. Pay for the carpet and the padding. You got free rent. Do the right thing. Besides, it probably won't cost you any more then your first trip to talk to an Attorney. And I agree with your mom. If you are going to put in new carpeting you should also change the padding... Read more »

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1 Answer | Asked in Collections, Landlord - Tenant and Small Claims for Oregon on
Q: Filing a claim against a co-signer who ran away without my knowledge. Not living in the same place.

I'm trying to settle a dispute between a person I co-signed an apartment with. Well, it's more like I signed myself with her, so she can have a place to stay by herself since she has bad credit. I offered to pay the initial monthly rent plus fees, so she can move in as soon as possible. Fast... Read more »

Gregory L Abbott
Gregory L Abbott answered on Oct 26, 2018

The burden of proof will be on you to show that she owes you the money but yes, either small claims or regular court are you options. If you start in small claims court, she will then have the choice to remove it to regular circuit court or to let it stay in small claims court. If you start in... Read more »

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 »

1 Answer | Asked in Contracts, Business Law, Landlord - Tenant and Small Claims for Oregon on
Q: I am sub leasing a shop. Everytime i turn around something is changing and going against the contract.

I have been bullied into losing valuable room and have been harassed recently while customers are around by the sub leaser. I dont want to be in that environment and im afraid if i try to press the matter of being civil i can lose more then just the shop of my business. What can i do?

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Oct 15, 2018

Not entirely certain if you are sub leasing to them, or you are sub leasing from them. If you are sub leasing to them, you are the landlord, and you can sent notices of deficiencies or a for cause eviction if they are violating the lease.

If it is the other way around, review the lease and...
Read more »

1 Answer | Asked in Small Claims for Oregon on
Q: Can new owners change the rules of a rental agreement, such as smoking, paid cable etc?

Moved in 7/1, they refused a lease. Rental agreement only, stated smoking outside and paid cable. 1 month later: New owners with lease- no smoking at all, no cable, new fees for water/sewer/trash. Isn't this fraud? Was never told the property was in escrow when I moved in.

Gregory L Abbott
Gregory L Abbott answered on Sep 18, 2018

Since you are on a month to month tenancy, rules and other changes (except increase in rent) can be made by whomever is the current owner with 30 days advanced notice.

2 Answers | Asked in Landlord - Tenant and Small Claims for Oregon on
Q: What can I file and serve my landlord for doing illegal things to protect me from an eviction?

Landlord goes through and steals my belongings and food while I'm gone. He takes rent payments but refuses to sign receipts. He demands things be done to cook for and clean up after him. He returned mail without notifying me, causing the loss of medical benefits and food stamps because he doesn't... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Aug 23, 2018

You should contact a landlord-tenant attorney in your area to discuss potential defenses.

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1 Answer | Asked in Small Claims for Oregon on
Q: Can I put a lien on someone’s home that I got kick out of if I bought and fixed their house to be wheelchair accessible

Uncle would not take any money from us but we put our money to help fix house for him, then he kicks us out with our child cause he don’t need us here anymore. What can I do walk away or fight for payment of services rendered

Gregory L Abbott
Gregory L Abbott answered on Aug 13, 2018

It depends - what was the agreement at or before you rendered services? Was the work to be in lieu of paying rent? Was there an hourly wage agreed to or fixed price for the job? Are you licensed by the CCB? All these things may radically affect whether you are able to collect anything for your... Read more »

1 Answer | Asked in Small Claims for Oregon on
Q: I'm being sued in small claims court for a debt from 5 years ago for some traffic tickets. What do i do? I cant pay it.
Joanne Reisman
Joanne Reisman answered on Jul 25, 2018

This isn't a family law topic. Try reposting this as a debtor creditor topic. Better yet go and talk to a bankruptcy Attorney. They can advise you if you are vulnerable to the collection efforts even if you don't end up filing a bankruptcy.

1 Answer | Asked in Personal Injury, Products Liability and Small Claims for Oregon on
Q: Continuing with the liability release form is their signature enough to complete this release?

question was answered thanks

Joanne Reisman
Joanne Reisman answered on Apr 25, 2018

Since we have no idea what you are talking about there is no way to answer your question. Sorry.

1 Answer | Asked in Landlord - Tenant and Small Claims for Oregon on
Q: I was harassed by my former landlady for asking to have a guest over in my basement apartment..I was later given a 30day

Notice to evict all because I wanted a guests over and there was nothing in contract regarding guests.While moving out I was harassed by her and her boyfriend(called 911). Then served by boyfriend at my new residence. Summons was served without envelope so my new landlord could see it. I soon lost... Read more »

Gregory L Abbott
Gregory L Abbott answered on Apr 12, 2018

Perhaps but I don't see what claims you would have based just on the facts posted. You may well have a defense if she Sue's you for the rent you say you don't owe and you may or may not have claims against her regarding your security deposit but that would require a careful review with a... Read more »

1 Answer | Asked in Small Claims for Oregon on
Q: Can a creditor refuse a payment or any other info we have given

My evil ex landlord is refusing any payments and is not allowing email contact for any info we are to give her. The judge said as long as we send her what we were supposed to then we wont be in contempt of court, but she isnt communicating with us and is saying we "have" to send it through 1st... Read more »

Gregory L Abbott
Gregory L Abbott answered on Apr 8, 2018

Far more information is needed here or far more is going on. It is true that a creditor does not have to accept anything less than payment in full - but why wouldn't they if there are no strings attached? It sounds as if the landlord has a Money Judgment against you. If so, contempt of court is... Read more »

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