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Oregon Small Claims Questions & Answers
1 Answer | Asked in Small Claims for Oregon on
Q: I broke a window in a house near the park and the owner is charging me for the window repair and his labor fixing it

The owner of the home sent me the invoice of the new window cost, and then wants to charge me $25 an hour for 4 hours of his labor putting in the new window. Do I need to pay for his labor?

Gregory L Abbott
Gregory L Abbott answered on Oct 21, 2020

Of course you owe the labor cost for repairing the damage you caused. $25 per hour seems reasonable but whether 4 hours is a reasonable amount of time depends upon the exact details. It might or might not be. Do consider, however, that someone had to go to a store; get a replacement window... Read more »

1 Answer | Asked in Small Claims for Oregon on
Q: So I have a legit claim in small claims court? Or should I go a different route to recover my financial loss?

I got in a relationship with my ex girlfriend in November of last year. She was in just an absolutely terrible financial situation. She was gonna lose the house due to unpaid property taxes the city was gonna forclose on the house In 6 months or less and she was gonna lose the house. So I stepped... Read more »

Gregory L Abbott
Gregory L Abbott answered on Sep 14, 2020

Much depends upon the exact details of what the mutual understanding was at the time. At the time you paid the property taxes, was it structured as a loan? What were the re-payment terms? Interest? Or was it a gift at the time or simply not discussed? Are you seeking reimbursement for expenses... Read more »

1 Answer | Asked in Divorce, Family Law and Small Claims for Oregon on
Q: I was awarded spousal support in my divorce. My ex suddenly stopped paying it. With limited resources, what can I do?

I have tried to reach out to him but he will not respond to my calls/texts/emails but I do know he is working. I don't live in the area where he resides and where our divorce took place either, so that makes it difficult as well. What can I do to compel him to pay the support that he owes? He... Read more »

Gregory L Abbott
Gregory L Abbott answered on Jun 19, 2020

This is really a matter best taken up with your divorce lawyer since they are the most familiar with all the details of your case. You likely have options such as asking the divorce court to find him in contempt of court (that usually gets results) for failing to pay per the court order; you can... Read more »

1 Answer | Asked in Small Claims for Oregon on
Q: Do I have to file a small claims suit in the state that the business is in !!
Gregory L Abbott
Gregory L Abbott answered on May 18, 2020

If a company does business in Oregon, it is subject to being sued in Oregon. If it does not, it likely is not.

1 Answer | Asked in Small Claims for Oregon on
Q: Do I have to pay for the satisfaction of judgement paperwork to be notarized for the person who sued me?

I was involved in a small claims court case. There was a judgement filed against me. After 2 years I finally had the money to send them in full with interest. I sent them a cashiers check, along with a prestamped envelope to send back to me so I could deliver it to the court. They mailed it back to... Read more »

Gregory L Abbott
Gregory L Abbott answered on Mar 31, 2020

Really? You want to fight over the cost of a notary? The Covid-19 situation may impede the processing of the Satisfaction of Judgment but it is the creditor's obligation to file the satisfaction with the court. You should just stay out of it, beyond demanding that they file the document of... Read more »

1 Answer | Asked in Employment Law and Small Claims for Oregon on
Q: 1/2 I told the wrong info to my coworker about our work schedule(not my intention, it is an honest mistake) resulting to

(2/2) ...him not able to work on his other job at other company. Am I obligated to pay him for his lost job hours? (Again not my intention to tell him wrong info)

Gregory L Abbott
Gregory L Abbott answered on Mar 15, 2020

If you are this fellow's manager or the person who officially schedules his work hours, maybe there is some sort of potential liability. But if not, you just gave him your best knowledge. It did not come with a guarantee of accuracy and ultimately it was his responsibility to determine his... Read more »

1 Answer | Asked in Small Claims for Oregon on
Q: Do I need to pay a deposit back to someone I replaced on an apartment lease?

There was no discussion of paying a deposit back and I’ve been threatened with a small claims court case.

Gregory L Abbott
Gregory L Abbott answered on Mar 10, 2020

Unless you specifically agreed, any security deposit charges or refund is strictly between the landlord and the ex-tenant. If a new "replacement" tenant paid it to the out-going tenant, the new tenant can end up paying for any damages the landlord alleges caused by the out-going person.

1 Answer | Asked in Criminal Law and Small Claims for Oregon on
Q: I was in small claims court mediation and Plaintiff communicated she had recorded our conversations, unknown to me.

Can a Plaintiff use recorded conversation as evidence in a small claims trial, if the recorded conversation was obtained without the knowledge of the Defendants?

Gregory L Abbott
Gregory L Abbott answered on Feb 4, 2020

Anything said in court sponsored mediation is inadmissible at trial.

1 Answer | Asked in Small Claims, Civil Rights and Sexual Harassment for Oregon on
Q: What is considered evidence for pet theft.

Someone says they walked your dog and he got away. 2 months later and still no sign of dog. Flyers posted craigslist and fb postings. Checked dog shelters.

William Jaksa
William Jaksa answered on Sep 3, 2019

What could be considered evidence is something that depends on the circumstances. In your case, it seems that you would need something to prove that they had your dog, or control of your dog, after the time they say it ran away. Were they seen with the dog? Are they advertising a dog for sale? Is... Read more »

1 Answer | Asked in Child Support, Gov & Administrative Law, Small Claims and White Collar Crime for Oregon on
Q: If my employer takes money out of my check for a draw and there's no signed document giving permission can I ask 4 it b

Can I make him pay it back and can I make him pay back all money taken out of my checks this way ? If so how far back can I make him pay me? He wasn't showing draws on my check stubs for two years . He was taking hours away from my pay to pay himself back. I demanded he pay my hours and show... Read more »

William Jaksa
William Jaksa answered on Sep 2, 2019

He could be breaking the law, BUT it sounds more like a small claims or employment matter. That being said, there are some things that you need to consider. There doesn't need to be a written and signed document for you and your employer to have an agreement, but that is always best. You could... Read more »

1 Answer | Asked in Consumer Law and Small Claims for Oregon on
Q: Hi thank you for taking the time to read my question. I have a contractor that I have started a small home project with

I had him replace widows, which started out wrong. He measured one of the windows completely wrong and we didn't discover it until they went to put it in and it didn't fit. Custom ordered mind you. He needed to fix that problem which is still incomplete from March 2019. I then, decided... Read more »

Gregory L Abbott
Gregory L Abbott answered on Jul 10, 2019

You need to review everything in detail with a local attorney. Depending upon the size/dollar amount of the job, contractors are usually required to put their bids in writing and give you written notice of your rights as a homeowner and notice that if you pay the general contractor but he fails to... Read more »

1 Answer | Asked in Landlord - Tenant and Small Claims for Oregon on
Q: I lived with a friend for 8+ months rent free with no formal agreement. He gave me 19 days to leave. Is this legal?

My friend let me stay rent-free and off-lease in the second bedroom of his apartment(s) in the city of Portland (we moved to a 2nd apt during 8+ months). On April 11th he text me that I needed to start paying $1,000/month, including the month of April, or leave by May 1st. I left to go out of town... Read more »

Gregory L Abbott
Gregory L Abbott answered on Jun 10, 2019

There is no question that you are entitled to recover your mattress and any other personal property. IF you were a tenant, then you might have claims against him for landlord-tenant violations (or perhaps not since you apparently left "voluntarily" - it depends upon the exact details).... Read more »

3 Answers | Asked in Car Accidents, Civil Rights, Real Estate Law and Small Claims for Oregon on
Q: A car drove into the side of my house what can I use the driver for? It scared my grandchildren my pets and my family
Joanne Reisman
Joanne Reisman answered on Jun 8, 2019

You can sue the driver for the damage to your house. Emotional damages (pain and suffering) can only be requested by a person who was physically injured.

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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.

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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 »

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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 »

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