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How did we answer that? Contract Law

We got an email asking for assistance with contract law, specifically breach of contract. The email specified a dollar amount, which was greater than can be claimed in Small Claims Court, so we limited our response to resources in Civil Court.

Our first suggestion was to start with Nolo press self-help book. We recommended Contracts: The Essential Business Desk Reference and Represent Yourself in Court: Prepare and Try a Winning Case.  We suggested these titles for different reasons. The first because it was about Contracts and might have substantive information on breach of contract. The second because it has valuable information about the court process and what someone is going to need to know if they represent themselves. Nolo books can be found at many public libraries, online via the State of Oregon Law Library, as well as many Law Libraries.

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How did we answer that? Service of process

A patron came in needing to serve someone with a civil lawsuit. However, they didn’t know the address or any other contact information. What other options did they have?

First, “service” or “service of process” is the legal term for delivering legal filings or documents to someone. The requirements for service are designed to make sure the person knows they are involved in the case and what is expected of them.

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Do you have an Employee Assistance Program (EAP) at work? Then you might have access to free legal help that you didn’t even know about!

Many employers offer their employees an EAP as an extra benefit. Many EAPs offer some legal help as part of the package. It could be as simple as articles on legal topics to free legal consultations to discounts on attorney fees.

Some EAPs offer articles on various subjects such as criminal law, immigration, and consumer law. They may also offer forms for specific states and might include various Power of Attorney forms and Wills.

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How did we answer that? Identity Theft and Freezing Credit

We had a librarian reach out to us for guidance in helping their patron with a question. Their patron asked for assistance with freezing credit and the librarian was unsure where to direct them.

As we were working with the librarian and not the patron directly, we were unable to ask follow-up questions. However, from what the librarian sent us, there were two questions/directions for information and resources that we wanted to share. The first being how to find information about if there had been a breach/identity theft and the second being information on freezing credit.

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The recent wildfires in Oregon, and tragic fire in Maui, are salient reminders that such disasters can affect any of us. They also have legal implications after the fact. Here are some resources in Oregon for those affected by natural disasters, and for those who want to prepare for such possibilities.

Preparation for Disasters

Preparedness Resources, Oregon Disaster Legal Services

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The Washington County Circuit Court has posted informational videos about court procedures for evictions. These are short videos available in English and Spanish that contain general information about evictions and things both landlords and tenants need to know about how evictions are handled in court. The information in the videos is not specific to the Washington County Circuit court, so if your matter is in another county, they are still good resources for information.

For evictions, also see last week’s blog “So you’ve been served with eviction papers. Now What?!” with a video from our Now What?! legal information series.

Oregon Law Help, maintained by the Oregon Law Center, recently posted a Renter’s Handbook on Rent Increases. This short document, available in English and Spanish gives information about the different types of tenancies and how a landlord may deliver a notice of a rent increase. It also provides resources you can look at if you are a low-income renter.

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If you need a copy of a file in your case, you can contact the records department of your local court. If you just want to see the docket and list of events or documents, you can use the courts’ online Records and Calendar Search.

Some law libraries have access to the courts’ Oregon eCourt Case Information Network (OECI). That would allow you to browse documents. If you need a copy, you would need to then go to the court records department.

If you want to search for cases without knowing a party or case number, then you need to use a different tool. OECI does not offer a broad search function. Databases like LexisNexis or Westlaw do allow docket searching. This allows you to search through the dockets for key terms. However, you might not be able to view the documents. You would need to get the case number or party name and pull up the case on OECI. Your local law library can help you with this process.

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The Washington County (OR) Law Library now offers remote access to select titles from the LexisNexis Digital Library. LexisNexis eBooks are a convenient way to do legal research from home or on the go from any internet connected device.

Some of the titles that are in our collection include the ABA Spanish Legal Phrasebook, Employment in Oregon, Federal Rules of Civil Procedure, Oregon Rules of Civil Procedure Annotated and Trial: A Guide from Start to Finish.

Books check out for a period of three days and you can make notes and add highlights to a book that will be available the next time you check it out.

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How did we answer that? Guardianship of a Minor

I had a patron come in looking for information about becoming the legal guardian of their grandchildren. The parents were no longer available and the grandmother was looking to get legal guardianship of the children, to be able to make legal and medical decisions, and to enroll them into the local school.

In Oregon, the Oregon Judicial Department puts out some forms. The OJD forms are accepted at any circuit (county) court. Additional forms may be available depending on the county/local court. For Guardianship, the state has extremely limited form options. Every county has the option of providing additional forms, guidance, or instructions. As we are in Washington County, our circuit court’s guardianship (called probate guardianship) options are pretty much the same as the state.

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