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Oregon Small Claims Questions & Answers
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... 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.... 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...
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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... 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... 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... 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... Read more »

2 Answers | Asked in Personal Injury, Landlord - Tenant and Small Claims for Oregon on
Q: Can someone that I was living with, rent-free, for ninety-four nights, put all my belongings outside on her front porch?

(I had keys to the house and the porch is open and visible, so you can see right into it.) I had to leave on very short notice, this past Saturday. I do not own a car and I can only carry so many things with me. We agreed that I would come back today to get the rest of my things. I texted her... Read more »

Peter N. Munsing
Peter N. Munsing answered on Mar 5, 2018

Go get the stuff.Ask friends, family for help. Legally you have an argument to make but your stuff get's taken you don't want to be tied up making arguments--spend the time getting a ride. A cab if you have some money. Free rent that long means she's going to get the sympathy.

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1 Answer | Asked in Contracts and Small Claims for Oregon on
Q: I got screwed out of some money by a "friend.". For me, it's a lot. I sure could use it returned.

This is what happened.

On February 19, 2014, I loaned $2,500 to a friend of mine living and going to college in

Portland. His name is DW. He was born on August 3, 1984. He asked for

the financial help and promised to pay me back and stay in touch with me. I knew him... Read more »

Gregory L Abbott
Gregory L Abbott answered on Feb 21, 2018

First and foremost, do you have this loan in a signed writing? You likely have a few issues to consider. If you are local, you can simply sue him in small claims court - fast, comparatively cheap, and a Judgment is just as enforceable as one from regular circuit court. If you don't, you... Read more »

1 Answer | Asked in Small Claims for Oregon on
Q: My sister in law is purchasing a vehicle with my wife as a cosigner, if she stops making payments can i take the car?

She is moving out of state and has a bad habit of pushing anything on everyone else that she possibly can. And i want to know how i can protect myself and my wife from this happening.

Gregory L Abbott
Gregory L Abbott answered on Feb 16, 2018

If your wife co-signs a loan - for a car or anything else - she can end up having to pay the entire loan, interest, fees, etc. herself. If she is not prepared to pay everything herself, she should not co-sign. If she also is a co-owner and is listed as such on the Title, she would have the legal... Read more »

1 Answer | Asked in Small Claims and Health Care Law for Oregon on
Q: My wife is on my insurance through work, and we are both being sued for her medical bills. It's that legal?

They have only ever contacted me, even when I told them that those were her bills and not mine. I'm obviously going to pay them, but can they really call me every day while I'm at work and sue me for my wife's bills?

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

Spouses are generally legally liable for necessary medical bills even if they did not sign the agreement at the doctor's office. So yes, it is likely that they can come after you for payment. Calling you at work everyday is a different matter. Depending upon the exact details, that may or... Read more »

1 Answer | Asked in Small Claims and Landlord - Tenant for Oregon on
Q: If I am a home owner renting a room in my house with no lease agreement, does Oregon law apply to the 30 day notice?
Gregory L Abbott
Gregory L Abbott answered on Feb 9, 2018

Absolutely - all Oregon Landlord-Tenant laws apply to you and your tenant. If you are in the city limits of Portland, you may have additional obligations and time/notice requirements. For example, you don't say what sort of 30 day notice you are referring to but if it is a 30 No Cause... Read more »

2 Answers | Asked in Landlord - Tenant, Real Estate Law and Small Claims for Oregon on
Q: I need help with a landlord debt plus he is dying in hospice care

We rented a property for $22,000 total gave him $11,000 up front with the remainder agreed we would pay the day we where to move in.

We had a lease he emailed me to be signed the day we arrived also. The day my husband was leaving to go there he texted saying he didn't want us to... Read more »

Joanne Reisman
Joanne Reisman answered on Feb 8, 2018

This isn't something that can be figured out on line. You will need to talk to an attorney and your action will either be against this landlord if he survives or his estate. It is probably going to be very messy. If he dies you will have to make a claim against his estate and get in line... Read more »

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2 Answers | Asked in Contracts and Small Claims for Oregon on
Q: Can I sue a business for a personal loan they refuse to pay back?

About a year ago I loaned a local business 15k to get started, now they will not respond to emails or phone calls. Do I have a chance to sue and get any money back? We signed an agreement we drafted but lawyers were not involved.

Gregory L Abbott
Gregory L Abbott answered on Feb 2, 2018

Nobody can give you a meaningful answer without carefully reviewing the written agreement. Nothing you have posted says you couldn't sue and win but then again, nothing says you will win either. Consider taking it to an attorney for review and advice on how to best proceed now. Good luck.

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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 Small Claims and Landlord - Tenant for Oregon on
Q: How do I go about taking court action for being locked out of the double wide me and my girlfriend rented a room in.

The guy we rented from did not get park approval and so got a thirty day eviction notice. We had him sign a rental agreement but he won't return our deposit and he never said anything about us moving out we started packing anyways but upon asking him about us getting our deposit back when we... Read more »

Gregory L Abbott
Gregory L Abbott answered on Jan 7, 2018

It does sound as if you may have a variety of claims against your ex-landlord. You may wish to review everything with a local landlord-tenant attorney to determine exactly how much and how to best go about filing suit. Even if you get a Judgment against him though, you may still have a problem... Read more »

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