How to Sue Someone In Oregon

Sometimes, things don’t work out as planned. Misunderstandings, miscommunication, or sometimes outright malicious intent can get in the way of even the best laid plans. Once all efforts have been exhausted to resolve a dispute in a peaceful and fair way outside of the courtroom, then it comes time when legal action must be taken.

Yet, sometimes people will falter once things reach this point and decide that it’s either too much trouble or become intimidated by the prospect of legal action. Contrary to what many think however, filing a suit isn’t as complicated as it may seem. Once one is aware of the proper process, it simply comes down to a simple matter of filling out the paperwork and going through with the court hearing. In order to help those looking to file a lawsuit, we’ve gone ahead and compiled a handy guide which should get you on your way.

How To Sue Someone In Oregon

Small Claims, Civil Court, and Beyond

When it comes to beginning your suit, first you must decide which court it will be filed in. Depending on the nature and value of the dispute there may be a couple of options open to the plaintiff.

Any dispute worth less than $750 must be filed in Small Claims.

Disputes worth more than $750 but less than $10,000 may be filed in either Small Claims or in general civil court.

One of the main differences between Small Claims and general civil court is whether or not a lawyer can be involved. A lawyer is able to represent you in a general civil court case, but special permissions must be required in order for a lawyer to represent an individual in a small claims case. Additionally, a general civil court suit for under an amount of $750 is technically possible, but again only under special considerations.

When deciding which route to go, it’s important to keep in mind whether or the amount of the dispute is worth getting a lawyer involved. Since lawyers fees must be accounted for, sometimes it makes more sense to pursue Small Claims.

How To File A Case in Oregon

How To File

Once you have decided which kind of claim you would like to make, it is up to you to pick up and fill out the proper form. In the case of Small Claims, this form should include your filing fee, an itemized list of damages, and the names of the defendants.

Great care should be taken when filling this form out, especially when it comes to the itemization of damages. Make sure that any and all claims are reasonable and can be backed up with some sort of proof or professional estimate. If the amount you are seeking restitution for is not backed up by supporting information, there may be doubt as to the fairness of your claim. In these cases, the full amount may not be awarded.

Defendant names likewise must also be correctly documented. The names to be used and listed must be the names of the defendants when the issue occurred.

Full formal names must be used in the case of individuals.

An individual doing business as a legal entity must have both their legal entity’s name and the individual’s name listed.

A corporation must have its registered agent listed.

Where To File

The claim must be filed in one of the following places:

  • The county in which the damage or claim occurred.
  • The county where the defendant was supposed to complete an agreement as per a contract.
  • The county which one of the defendants currently lives.

For more complicated claims or claims involving much larger amounts of money, it will be necessary to seek the assistance of a lawyer. In these cases, your lawyer will work with you in order to make the process as simple and straightforward for you as possible.

0 replies

Leave a Reply

Want to join the discussion?
Feel free to contribute!

Leave a Reply

Your email address will not be published. Required fields are marked *