Lawyers, Answer Questions  & Get Points Log In
Oregon Small Claims Questions & Answers
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.

View More Answers

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... 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... 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... Read more »

View More Answers

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...
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... 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.

View More Answers

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.

View More Answers

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 »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.