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Oregon Small Claims Questions & Answers
2 Answers | Asked in Civil Litigation, Small Claims and Probate for Oregon on
Q: Grandson took my sons car title after he died. The agreement was to sell the car to payback funeral cost What can I do?

He has the title in his girlfriend's name (he's unable to obtain a driver's license) and they are in Washington State. I have the car and would just like this to be settled. I covered the cost of the funeral and my son's debts. I just don't know what my rights are or what... Read more »

Theressa Hollis
Theressa Hollis
answered on Aug 22, 2022

I don't have enough information to answer your specific legal question but, in general, if a car owner dies in Oregon and no probate is filed their intestate heirs can fill out an Inheritance Affidavit at the DMV and transfer their car as the intestate heirs agree. So, if your son was an... Read more »

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1 Answer | Asked in Consumer Law, Small Claims and Banking for Oregon on
Q: If you wire transfer money to someone and then realize it was fraud, how can you file a complaint to the court

if you don't know their physical address?

Gregory L Abbott
Gregory L Abbott
answered on Jun 29, 2022

You can file a complaint with your local police, with Oregon's Attorney General Consumer Fraud Division (can file online), and with the FBI who has a task force specifically aimed at this sort of fraud. All that said, the odds are extremely remote that any of them will actually do anything... Read more »

1 Answer | Asked in Animal / Dog Law, Criminal Law, Family Law and Small Claims for Oregon on
Q: I’ve filed reports with Animal Control for “Theft of an animal”, & “Possession of a Stolen Animal.” No response.

7.005.129 - Possession of a Stolen Animal.

A. A person commits the offense of possession of a stolen animal if a person has in his/her care, custody, possession or control an animal not owned by that person and not placed by the owner/caretaker of that animal, in the persons care, custody... Read more »

Jennie Lynn Clark
Jennie Lynn Clark
answered on Jun 21, 2022

Only non attorneys can appear in small claims court. If you know who has your cat and you can prove you own the cat, you could file a case in small claims court and ask for injunctive relief for the return of your cat. You could also hire an attorney on an hourly basis to file a civil suit for... Read more »

1 Answer | Asked in Personal Injury, Products Liability and Small Claims for Oregon on
Q: I used a hair product that burnt and dried out my scalp it’s still healing weeks later. Can I look into a lawsuit?

It’s a shampoo and conditioner company. I’ve looked into some of the ingredients to find out some are toxic and even cause cancer. Bedsides that I’m very upset about this product completely ruining and hurting my head. No warning on label that show possible dryness, irritant burning, or hair... Read more »

Tim Akpinar
Tim Akpinar
answered on May 3, 2022

An Oregon attorney (or a class action attorney) could probably advise best, but your question remains open for a week. You describe a product liability cause of action. That means injury from a defective product. Here, you are alleging a defect based on "failure to warn."

On an...
Read more »

1 Answer | Asked in Employment Law and Small Claims for Oregon on
Q: My jobs overpaid me, due to their own negligence. Now they want me to pay it back, do I have any legal rights not too?

The payroll accountants made a mistake and doubled my time on their books. Do I have to legally pay them back? It would be a financial hardship on my family.

John Barron
PREMIUM
John Barron
answered on Apr 1, 2022

Yes, if you receive monies that you did not earn, your company has the right to ask for it back, whether it was their clerical error, or not. Receiving monies for work that you did not perform is termed "unjust enrichment," and the law does not allow persons to be unjustly enriched.

1 Answer | Asked in Small Claims for Oregon on
Q: If I have been given a notice of restitution after an eviction, can I have the eviction expunged under current laws?

I read that I can have my eviction expunged before 3/1/22 if all monies owed has been paid. Is this still true after receiving a notice of restitution? I'm trying to find out what I can do, and hopefully find another rental sooner than 5 years after the eviction.

Katherine Goodman
Katherine Goodman
answered on Feb 4, 2022

Potentially you can have your eviction judgment removed from your record under the current landlord tenant laws. But without additional information related to the circumstances of the notice of restitution that could change. If you have not spoken with a landlord tenant attorney you should speak... Read more »

1 Answer | Asked in Contracts, Employment Law, Business Law and Small Claims for Oregon on
Q: I signed a paper in November saying I was getting a dollar raise I have not received my raise yet.

I signed a paper saying I was getting a dollar raise back in November, we are now in January and I have not received my raise on my paychecks. My pay stubs still say the same amount. I have talked to my boss more than one time about this and was told the bookkeeper was going to fix this but has not... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jan 2, 2022

Other than quitting, or bugging them, they really is not much you can do until you are no longer employed there. Once you leave, assuming they do not fix it, then you have some options that will get you the back wages and likely penalties as well.

1 Answer | Asked in Personal Injury, Products Liability and Small Claims for Oregon on
Q: So it turns out my stroke is directly linked to my use of Advil. I never knew how dangerous it was. Can you help?
Tim Akpinar
Tim Akpinar
answered on Dec 14, 2021

An Oregon attorney could probably advise best, but your question remains open for a week. In terms of your question asking for help, a likely response may be that you would need to reach out to law firms to discuss in further detail. Firms that handle cases involving medications will look at an... Read more »

1 Answer | Asked in Education Law and Small Claims for Oregon on
Q: I transferred schools without unregistering from the classes of the previous school. Though I did not receive education

I notified the school when I requested my transcripts. My attendance will show I did not attend any classes. Do I have a case for small claims court?

Gregory L Abbott
Gregory L Abbott
answered on Oct 22, 2021

You don't say what the school's policy is on refunds and/or withdrawal mid-term but it likely would govern. That said, if you didn't tell them I strongly doubt a court would give you any refund.

1 Answer | Asked in Small Claims for Oregon on
Q: Im representing myself, How do you ask for extended time to answer
Gregory L Abbott
Gregory L Abbott
answered on Oct 7, 2021

Everyone represents themselves in small claims court. You have to file an Appearance within the 14 days or face a default. You can file a motion asking for more time to answer, explaining why you need it. You best have a good reason or the Judge is not likely to grant it and you will start off... Read more »

1 Answer | Asked in Civil Litigation and Small Claims for Oregon on
Q: Is there a statue of limitations in Oregon regarding civil suit?

Specifically in Umatilla Co.

Gregory L Abbott
Gregory L Abbott
answered on Oct 6, 2021

Yes. What it is depends upon the nature of the civil suit or perhaps what claims are elected to be made - i.e. some events may give rise to more than one way of claiming damages and each may have a different statute of limitations.

1 Answer | Asked in Consumer Law, Personal Injury, Products Liability and Small Claims for Oregon on
Q: How/where do I get compensated for hair loss from a hair product with misleading/false claims?

Hi, I’ve been looking for a lawyer to take my case, but with no avail. So I’ve been trying to do it on my own, but can’t. I would greatly appreciate knowing where or how I can get help getting compensation for this, if/what letter I can send, or if I have to go to small claims, etc.. Thank... Read more »

Virgil Royer
Virgil Royer
answered on Sep 24, 2021

There are few things more frustrating that companies that make promises to their customers, who rely on the promise, then only to find out that it is a lie. "Best Burgers in Town", "World-Famous Pizza", those all make us expect their products to be good--if not the best in town.... Read more »

1 Answer | Asked in Civil Rights and Small Claims for Oregon on
Q: In oregon how can I get my belongings out of a storage unit that is only in my daughter's na

We opened the unit together but I paid it.

Gregory L Abbott
Gregory L Abbott
answered on Sep 1, 2021

When you say you opened it together, if you co-signed the rental agreement, the storage facility should have no problem allowing you access as long as your rent is paid to date. If you are not on the rental agreement, then your daughter will have to access the unit or possibly the storage facility... Read more »

1 Answer | Asked in Civil Litigation and Small Claims for Oregon on
Q: In Oregon, if I want to sue someone for defrauding me, what kind of civil suit attorney is needed
Gregory L Abbott
Gregory L Abbott
answered on Aug 10, 2021

You should very carefully review things with a local tort attorney. Fraud is often difficult to prove; you normally must prove specific damages, and the standard of proof is higher than for most other civil lawsuits (Clear and Convincing as opposed to just a preponderance). Often there may be... Read more »

1 Answer | Asked in Small Claims for Oregon on
Q: Do I need to send letter certified mail, return receipt requested, relief from debt before suing civilly

My ex has me 23,000 in debt to him by lying. If I have proof of his deceet, should I ask him to legally squash it or just file small claims or civil suit and then provide the courts with my proof?

Gregory L Abbott
Gregory L Abbott
answered on Aug 10, 2021

The small claims limit in Oregon is $10,000 so that may not be your best route. Not sure what you are thinking of filing in court. If he erroneously claims you owe him money, you simply don't pay him. His choice will ultimately be to either drop the matter or sue you for it in court - and... Read more »

1 Answer | Asked in Civil Litigation and Small Claims for Oregon on
Q: Are there any pro Bono or low cost/payments attorneys near 97801 that can help me file a civil suit against someone.

Thousands of dollars = $10,000.00+.

Gregory L Abbott
Gregory L Abbott
answered on Jul 30, 2021

If you qualify financially, contact the Oregon State Bar Association's Modest Means program for names of lower-cost attorneys in your area.

1 Answer | Asked in Consumer Law and Small Claims for Oregon on
Q: Storage business said they have 24hour video surveillance they don't we were broke into and lost big
Gregory L Abbott
Gregory L Abbott
answered on Jun 30, 2021

You may want to review your agreement with the storage company before filing a lawsuit. It may well limit their liability and/or advise (require?) you to have insurance on the storage bin contents. It may also matter how/what they promised regarding video surveillance and what happened (did it not... Read more »

1 Answer | Asked in Consumer Law, Small Claims and Collections for Oregon on
Q: Statute of limitations for 10-year debt?

Hello,

I received a collection notice from a debt collector (from old phone company) for a 10-year debt. Are they within the SoL to collect? I wrote and confirmed the balance owed from 2011, but had never received a bill for this balance until last week. I haven't received any other... Read more »

Gregory L Abbott
Gregory L Abbott
answered on Apr 27, 2021

Whether it is past the statute of limitations depends on a few things. First, exactly what is trying to be collecting upon? The original debt or a court judgment against you arising out of that debt? IF it ever was reduced to a court Judgment, Judgments in Oregon are good for 10 years and maybe... Read more »

1 Answer | Asked in Landlord - Tenant and Small Claims for Oregon on
Q: In Oregon small claims trial, phone/ video trial, what if Plaintiff misses a deadline for sending evidence to the court?

If the Plaintiff did not send documents, exhibits to the Defendant 7 days before the video/phone trial, can the Plaintiff enter any evidence on the day of the trial? Should the Defendant object to any evidence presented?

Gregory L Abbott
Gregory L Abbott
answered on Mar 22, 2021

Yes the defendant should (and likely will) object. The penalty, if any, is up to the Judge. They could go forward anyway; they could dismiss the plaintiff's case for failure to comply with the rules; the judge issue a continuance with instructions to finish the production and come back to... Read more »

1 Answer | Asked in Small Claims for Oregon on
Q: I send a woman in MO. $1,000 for a puppy that was never given to me

She took it to her vet and there was a problem with his knee which she hid from me.She was mad when I called her vet in MO. and found out .Bottom line she won’t give me my deposit back and won’t answer the phone . What can I do ?

Gregory L Abbott
Gregory L Abbott
answered on Feb 4, 2021

Assuming it is too late to stop payment or request a charge back on a debit or credit card payment, and negotiation doesn't resolve anything, your bottom line options are to sue her in court - and then try to collect. Normally, you could sue in either the location the transaction was made or... Read more »

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