Get free answers to your Small Claims legal questions from lawyers in your area.
I am the respondent in a tort matter that began as a small claims case, which I successfully transferred to Circuit Court after requesting a jury trial. The petitioner was given 20 days to file a formal complaint. While she did file the complaint within the given time, she failed to serve me... View More 
answered on Apr 18, 2025
It's not the Court's job to address service issues - it's your job to bring it to the Court to be ruled on.
If you file a motion, file your motion as a Motion to Dismiss (not the other titles stated below), and then argue for lack of service. However, service requirements are... View More
Can he do this even though the statue of limitations has expired?
answered on Apr 28, 2024
IF the Statute of Limitations has truly passed (likely but depends upon the details), then not only do they likely not have a case, but you may have unfair debt collection practices claims against them. Beware. A common tactic is to try to get you to pay something - even just a few dollars "to... View More
answered on Mar 25, 2024
An Oregon attorney could advise best, but your question remains open for three weeks. In terms of your question about who you could get, you could look into attorneys who work with property loss insurance claims. Another option, depending on your coverage, could be to look into whether your policy... View More
When the cars electrical system fried the dealership room to to the dealership and I never got it back and they went to court and I was never notified of court and now they are garnishing me for over 18 K. This was in 2014. What can I do??
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 31, 2024
You should start by reviewing any documentation you have from the car purchase, the repair attempts, and any communication with the dealership. This will help you understand your rights and obligations in this situation. If you don't have these documents, try to gather as much information as... View More
answered on Apr 2, 2024
An Oregon attorney could advise best, but your question remains open for five weeks. One option is to look into small claims court. Another option is to consult with an attorney, but attorney fees could be disproportionately large on a claim of this nature. Good luck
Judgment lien amount was 867.40 8/2018
They were issued and cashed a check for $950 1/2022.
answered on Jan 8, 2024
Sure. No lien release until they are paid in full. Why would you think anything else?
answered on Nov 8, 2023
Just as the statute says - a result is non-appealable for the plaintiff/claimant; it is appealable by a defendant.
After I pointed out that they hadn’t replaced a broken bathroom fan after a year of asking and they underpaid me for an unrelated job, my landlord sent me a rent increase letter (a month after signing a lease renewal at the same rate) and daily notices with eviction warnings. I had never received... View More
answered on Nov 6, 2023
If you already were in court - that was your time to press a retaliation claim. Depending upon the details, you may still be able to file a new lawsuit for damages but do so knowing that retaliation claims are difficult to win and if you lose, you may owe his court costs and attorney's fees.... View More
I got a garnishment letter for a debt that is over 10 years old. The amount they say I owe is triple the actual amount I owed originally
answered on Sep 19, 2023
Assuming you are in Oregon, IF the statute of limitations is up, then no, they can no longer forcibly collect a debt from you and may well be committing an Unfair Debt Collection Practice and/or a Fair Debt Collection Practices Act (i.e. both State and Federal potential violations). BUT if they... View More
My fiance lived with an ex girlfriend (they were never married) that he gave money to to cover their rent. She never made the payments and they didn't get evicted since this was during covid. Now they both have a 15k collection which has got us denied at other apartments. We saw on credit... View More
answered on Aug 13, 2023
Bankruptcy is an option. So is a civil suit against the ex to recoup the money he lost.
My fiance lived with an ex girlfriend (they were never married) that he gave money to to cover their rent. She never made the payments and they didn't get evicted since this was during covid. Now they both have a 15k collection which has got us denied at other apartments. We saw on credit... View More
answered on Aug 13, 2023
He can make a motion to hold her in contempt in their divorce case for failure to pay pursuant to the MSA.
My fiance lived with his ex during covid. During this time he would give her money to pay the rent. She ended up not paying it and got him $15000 in collection debt. On credit karma, it appears looks like the debt is getting paid? So we assume it's being garnished from her. As he hadn't... View More
answered on Aug 13, 2023
No. His debt is not your debt and it will not be shared with you or reported on your credit. Unless you sign on some debt with him in the future, you have no liability for his debt.
I sold a used truck as is(says as is on the bill of sale.) he is now saying he took it to a mechanic a few days later and it had an engine misfire and now he wants to sue for his money back. I was unaware of the problem. I don’t know what to do next. Is this something he will win?
answered on May 20, 2023
It is unclear why the buyer thinks they are entitled to a refund and lots depends on exactly what was said before the sale and\or details but As Is means As Is and anything could have happened to the vehicle in the few days between purchase and inspection. Bottom line is buyer should have had... View More
In Douglas county Oregon I moved my stuff in a storage unit in June 2021 that was owned by a friend of a friend. It was agreed I would pay $60 a month and I ended up paying for three months the day I moved everything in just because I had the extra cash at the time. we never wrote anything out and... View More
answered on Feb 15, 2023
You don't begin to provide enough information to provide any sort of answer. Plus, I don't know what you mean by a "fictacious protection order" or by its being "absolute privileged". There either is or there is not a court protection order in place - nothing... View More
I live in an apartment complex. I am looking to file a claim at the Small Claims Court against my landlord/property manager for failing to stop my neighbor's dog from barking after more than 4 months. The dog barks almost daily and over 90% of the time it barks from over 10 minutes to as long... View More
answered on Feb 2, 2023
You don't say but I am guessing that your neighbor is also a tenant of the same landlord? If so, if you have set it up properly, you can sue the landlord for breaching their duty to provide you with quiet enjoyment of your tenancy. You can also, and should, report the noise problem to... View More
I have reported this to my landlord, property manager and leasing staff via email and in person more than 30 times since September 18, 2022, the day my neighbor moved in. But over 4 months later now very little has changed. My property manager kept asking me to present 3rd party confirmation but... View More
answered on Jan 18, 2023
First, if you are in Multnomah County and the dog either barks for more than 10 minutes straight or intermittently for more than 30 minutes, gather your proof (record it?) and file a complaint with Multnomah County Animal Control. The process can take some pursuit but they do try to enforce the... View More
My first car ended up breaking down a long time ago(maybe 2015ish?) and I ended up signing it over to a scrap yard as it no longer ran. In 2018 I got a call from someone claiming to be from a collection agency stating that it had been towed in a city I never go to (years after I had gotten rid of... View More
answered on Jan 10, 2023
If you want to do anything but have a Judgement entered against you, you must respond to the Summons and Complaint. It sounds likely that you failed to notify DMV when you turned the vehicle over to the scrap yard (as you were required to do) and they then did not scrap it. Tell DMV now, gather... View More
This year I had movers and they told me the move would take 2 hours. They ended up taking roughly 8 hours after locking themselves out of my apartment complex (while having the key I provided them) several times for hours at a time. Breaking and damaging my items as well as putting dents and holes... View More
answered on Dec 7, 2022
So is there a question here? Sounds like the normal, same bottom line - either you work things out with them or you refuse. In that case they have to decide whether they want to drop the matter; send you to a collection agency (who then has the same options after harassing you and dinging your... View More
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
