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Oregon Small Claims Questions & Answers
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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