Oregon Civil Litigation Legal Questions

I'm not sure why you're planning to sue in Canada and not Oregon, unless it ts required by your contract; since the dispute involves a transaction where the Canadian company was going to deliver an rv to Oregon, I think the Oregon courts would probalby have jurisdiction over it.  However, if you are going to sue in Calgary, you need a lawyer admitted to practice in Calgary.... Read More

Your mom died first, so to the extent that she had separate property her will would control the disposition of that property.  To the extent that she owned property as a joint tenant with your dad (or anyone else for that matter) those assets would pass to the survivor regardless of any will.   Your dad’s property, including any property he inherited from your mom, would pass according to the laws of unrest act.  ... Read More

If you proceed with trying to reopen a civil case, you need a civil attorney.  If you want the defendant prosecuted for perjury, go to he police and local prosecuting attorney.  The government prosecutes criminal cases; private criminal attonreys defend those accused of crimes.  You can do both, but you will have a very hard time succeeding in either.... Read More

The dent you caused reduced the value of your friend's car, and you are liable to your friend for those damages whether she chooses to repair the car or not.  If the dent caused less damages than $2,035, or if hte entire car was only worth less, then you would only be liable for the lesser amount.  Yes, her insurance could pay the claim, minus the deductible, and you would then only owe your friend the amount of her deductible, but the insurance company could (it might choose not to) come after you for the amount that your negligence caused it to have to pay out. ... Read More

I'm not familiar with Oregon procedure, but in the jurisdictions in which I practice there is no need for the formalities of service of process on a party to a case which has already been commenced.  Once a case has started. service on a party of papers in that case is accomplished by merely filing the document to be served with the court's efiling system or by mail upon that party's attorney (if they are not represented by an attorney, than mail it to the party themselves).  If you do need to serve the papers they way you would serve process (e.g. a summons), you would have to serve them pursuant to whatever treaty governs service or process in tha country (most countries are party to the Hague Convention treaty relating to service or process, Canada being a notable exception).  You should find out whether you need to serve in the way you serve process by asking the clerk of the court.  If you do need to, you may be able to find out what you need to know by calling the embassy for the country in which your former spouse now resides.... Read More

Statutes of limitation vary by state, but I know of no breach of contract limitations period which is longer than 6 years from the breach.  Limitations periods can be extended in various ways, but none of them are apparent from your email.  One way a limitations period can be extended is if you acknowledge the debt.  Thus, if you acknowledge that you owe the money, that might start the limitations period over again from that point (in some states the acknowledgement has to be in writing, don't know if this is the case in Oregon.) HOWEVER, the limitations period on a judgment is generally much longer than on a breach of contract claim.  For example in NY the statute of limitations on a breach of contract is 6 years, but the statute of limitations to enforce a judgment is 20 years.  If the plaintiff already sued you and obtained a judgment, it is likely still within the limitations period to enforce it.... Read More

I'm not aware of any bills which would legalize marijuana nationwide, and any such legislation would be highly irregular.  While federal laws can, and do, criminalize the sale of certain substances nationwide, I am not aware of any federal law that has authorized the sale of a given substance nationwide; to the best of my knowledge, that has always been left to individual jurisdictions (sometimes down to the county level).  Thus, for example, while the sale of alcohol is no longer illegal under federal law, there are counties in which it is prohibited by county law.  Any federal law legalizing marijuana nationwide is sure to face a constitutional challenge on states' rights grounds.... Read More

Did your son get into an accident while driving the car home?  If not, you probably have no claim against the officer (although you do seem to have a legitimate basis to complain to his employer.)  In most cases, it is not sufficient that someone has done something wrong; in order to assert a valid claim, you must also be able to show that the wrongdoing caused you monetary damage.  For example, if someone runs a red light and hits you, you have a claim; if that same driver runs the same red light but swerves to avoid you, you have no claim, despite the same wrongdoing.... Read More

If your demand letter did not get results, you sue the debtor.  If you can't afford a lawyer, handle it yourself; the clerk of your local court will help you.  You should be aware, however, that there are attorneys who will handle a collection matter like this on a contingency basis, meaning that their only fees (attorneys' fees, not expenses like filing fees, which you are obliged to pay, win or lose) will be a percentage of what they collect.  If they collect nothing, you pay no attorneys' fees.... Read More

If the person is found guilty of forging the name of a necessary witness to the will, it seems to me that the will will not be valid.  If the witness was not necessary (i.e. I always have 3 witnesses to any wills I prepare even though only 2 are required in NY, just in case), then the will may still be valid, although the circumstances with the forged signature obviously call the whole will execution into doubt and it might be held invalid anyway (and the Court may also be other problems with the will which you don't mention).  If the person is found not guilty, however, the will may still be found invalid.  A finding of not guilty just means that the defendant has not been proved guilty beyond a reasonable doubt.  The invalidation of a will does not require such a high standard of proof.  To put it in math terms, let's say beyond a reasonable doubt means to a 98% certainty, while the standard of proof in a civil case is only 51%.  If the evidence makes it 70% likely that the signature was forged, the person would be found not guilty in a criminal case, but still found to have forged the signature in a civil case.... Read More

Generally, out of court statements, whether written or oral, are not admissible as evidence that they are true.  There are numerous exceptions, but I can think of none that would apply to the scenario that you mention.  That being said, however, the procedure in small claims court is often less formal than in other courts, and the statement from your friend might well be admitted into evidence in small claims.... Read More