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Oregon Small Claims Questions & Answers
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 »

1 Answer | Asked in Small Claims for Oregon on
Q: After I fill out the papers for the small claims judgement and money award along with the motion for default judgment

How do I go about filing and what the court do I need to take it to the courthouse or do I do it online.

Gregory L Abbott
Gregory L Abbott answered on Dec 7, 2017

You need to take the documents to the same clerks with whom you filed the original Summons and Complaint, as long as at least a full 14 days have past since the defendant(s) were served (be sure a proof of service has been filed with the court). The court clerk will likely check all the paperwork... Read more »

1 Answer | Asked in Small Claims for Oregon on
Q: Can a lawyer reduce your total debt from 15,000 to 10,000 to make it eligible for small claims?

If so, how does the judge and OSBar view this?

Gregory L Abbott
Gregory L Abbott answered on Dec 5, 2017

You wonder if someone can legally REDUCE your bill and charge you LESS? Of course they can. If you owed $15K, you certainly owed at least $10K. Once sued upon for the $10K, however, they may well have trouble trying to sue you for the additional $5K in the future. Essentially they knocked 1/3... Read more »

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Small Claims for Oregon on
Q: Can landlord keep last month's rent after a 60 day no-cause eviction if I vacate early and don't give a 30 day notice?

I am an Oregon renter, and I vacated the fifth week into a 60 day notice of a "termination of tenancy; no cause", issued to me 22 months into my tenancy. I paid the final month's rent because I did not want to be considered delinquent while I wrapped up the last few days of my move... Read more »

Gregory L Abbott
Gregory L Abbott answered on Oct 9, 2017

Yes, your landlord is correct that you would be required to provide 30 day notice if you intended to vacate prior to the 60 day notice date that he served you. He told you to be out on that specific date, NOT to be out anytime up until that date. If you wanted to be out earlier, you owed him at... Read more »

1 Answer | Asked in Small Claims for Oregon on
Q: Is it normal to get awarded contract plus court, process server cost, and collection cost in Oregon?

I have a situation where someone broke a small verbal contract that I can prove with text messages on my phone. The contract was only $500 and he has helped me in the past.

I ask that because if I can only get the contract back but still have to pay for someone to deliver papers and court... Read more »

Gregory L Abbott
Gregory L Abbott answered on Oct 6, 2017

It is at the Judge's discretion. That said, it is rare that a Judge does not award costs, including a prevailing party fee, to the winner of a case. I certainly know nothing about your case and do not intend to comment on its merit but on a purely statistical basis, it is far more likely... Read more »

1 Answer | Asked in Contracts, Collections, Landlord - Tenant and Small Claims for Oregon on
Q: A,B,C moved into an apartment and equally paid 1400 in deposit. They moved out 1yr later and allowed D,E to sign onto

the lease so that they didn't have to pay a deposit.

ABC discussed it with DE and agreed that since there was some damages left and items left that when DE moved out they would pay back 1200 of the initial 1400 lease deposit to ABC.

DE finally moved out and got 1000 back.... Read more »

Gregory L Abbott
Gregory L Abbott answered on Sep 28, 2017

It is unclear exactly what has happened or the relationship between the parties. It also is unclear what you mean by ABC allowed DE to sign onto the lease so they didn't have to pay a deposit. Are you saying all 5 were on the same lease, secured by the original security deposit? Or did DE... Read more »

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 Criminal Law, Personal Injury and Small Claims for Oregon on
Q: My mother accidentally parked in a reserved spot for about an hour and then discovered her car had been vandalized.

The perpetual was likely the owner of the spot. Are they at fault and can they be made to pay damages?

Vincent J. Bernabei
Vincent J. Bernabei answered on May 24, 2017

You need to establish who was at fault by a preponderance of the evidence. That means more likely than not. You also have to prove the decreased value of the vehicle, which usually is the cost to repair the vehicle. If you don't have a witness and there is no videotape of the incident, and... Read more »

1 Answer | Asked in Car Accidents, Consumer Law and Small Claims for Oregon on
Q: I took my vehicle to a body shop to get fixed and the shop I took it too did not fix my car.

So I took my car to another shop to have the repair work done. The first shop charged me a fee for me to take my car out of their shop. I feel this is wrong. I need to know if I have a mall claims case against the first body shop

Jennie Lynn Clark
Jennie Lynn Clark answered on May 4, 2017

I would need some follow up information in order to answer this question. Did you have a written or verbal contract with the original body shop? Was there an agreement of a time period to fix your car? Did they do any diagnostic work that was contracted for. What is the body shop's... Read more »

1 Answer | Asked in Consumer Law, Business Law, Landlord - Tenant and Small Claims for Oregon on
Q: What are my options if a storage facility failed to give me notice of intent to sell my property?

I had a storage facility that was on auto payment. When my debit card was lost and changed, the payment no longer went through without me realizing it. I did not receive any notice from the storage facility, either by mail or email, that they were selling my property. I received only one notice of... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Feb 25, 2017

I'm not in my office, so I can't look up the statutes, but there are a few on the books that should allow you to go after the storage place. If I recall correctly, there are certain procedures that need to be followed before they can sell your items. An attorney can review those and your... Read more »

1 Answer | Asked in Business Law and Small Claims for Oregon on
Q: Being sued personally in small claims court for work done by our S-Corp. Are we liable?

Customer filed with Builders board and was denied as claim was over a year old. Now have filed small claim against us personally. Do they even have a case if not filed in the Corp name? Does our corp bond play into this at all? We have 'demanded a hearing' to avoid a default judgment.... Read more »

Howard Alan Newman MBA
Howard Alan Newman MBA answered on Nov 28, 2016

Based on the facts as presented, the S-corp appears to be an improper party. Accordingly, prior to the hearing, I would demand from the plaintiff voluntary dismissal of the action. In fact, I might even attempt to move the hearing date for, inter alia, to give the plaintiff more time to consider... Read more »

1 Answer | Asked in Car Accidents, Criminal Law, Products Liability and Small Claims for Oregon on
Q: Is the garbage company responsible for damage due to a can left on driveway that snapped the car mirror while reversing?

The can was placed back inward the driveway and broke the drivers side mirror while reversing, barely clipped it. Photos indicate the can was on "personal property" says the garbage company so they won't take any responsibility and now I have $600 of damages/wage loss due to the... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jul 20, 2016

Their duty is to empty cans (I'm assuming this is municipal). They are never under a duty to place them a particular location.Bigger issue is it was a stationary object. The general rule is the vehicle in motion has the duty to look for stationary objects, vehicles even if they aren't... Read more »

1 Answer | Asked in Small Claims for Oregon on
Q: Islf someone is trying to serve my parents but gives the serving papers to my 13 year old sister is that legal?

My parents we not home and the lady serving the papers told my 13 year old sister she had to take them.

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Jul 7, 2016

No, they would have had to be 14. See http://www.oregonlaws.org/ors/419B.824

That said, fight process of service can be a losing proposition. I would suggest not ignoring it, and submit it to your insurance if applicable (auto/renters/homeowners).

1 Answer | Asked in Small Claims for Oregon on
Q: Small Claims: likelihood of motion to set aside dismissal being approved?

I was being sued by collections on damages done to an old apartment, I was fighting it because I didn't cause the damage being claimed. The collections agency failed to appear in court, they stated they were unaware of the court date. The judge dismissed the case. They have now filed a motion... Read more »

Robert Jason De Groot
Robert Jason De Groot answered on Oct 13, 2015

You mean granted. They say they did not get notice. The likelihood is high.

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