Results 1 to 4 of 4
  1. #1
    Join Date
    Jul 2009
    Posts
    2

    Default Oregon Small Claims Court - Requested Jury Trial

    My question involves small claims court in the state of: Oregon

    My husband's exwife served him with a small claims order several weeks ago, he responded denying the charges and requested a jury trial. She filed a formal complaint which we received a few days ago. We have 30 days to file a motion. However, one of the documents she submitted as evidence, is a forged document and we can prove this.

    They were divorced in Oct 2006. We met in 2007 and she stalked us for over a year and pleaded guilty to criminal telephonic harrassment, we received a stalking protective order and was ordered by the judge to have no contact for 5 years (2009). She was also ordered to undergo mandatory mental health evaluation and care and received probation for 5 years.

    We got married recently and four days later, after she learned about this, we were served the small claims paperwork.

    We feel confident in filing our motion that we can prove her document is fraudulent (as with the other items she is requesting compensation for) - however, we are concerned that this is a form of harrassment (will be held in the same county court system) and our specific questions include:

    1. What should we include in the motion, if at all, that this document is forged. Can we include the case number from the criminal trial to show her mental instability (she was escorted out of court by an armed sheriff for her outbursts) and subsequent unbalanced mental state of mind.

    2. What legal action might we consider pursuing to stop her from filing future frivolous lawsuits of this nature (the evidence from criminal charges documents her threats to "suck him dry with legal costs")?

    3. Will she be punished for forging this document and will the jury trial be the appropriate forum for this - or do we need to handle this issue seperately.

    4. She is claiming the money owed was from a verbal agreement made AFTER the divorce...he only received $25,000 and a couch from the settlement - while she kept the house, money, etc.....do you think the court will question the fact these charges are being brought forth 3 years after the final divorce and right after she was found guilty of telephonic harrassment and 5 years of no contact/mental health/probation. We just want this to stop.

    I appreciate any and all information you can provide. Regards, Julie

  2. #2
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Oregon Small Claims Court - Requested Jury Trial

    If it applies, you need to file an affirmative defense for the statute of limitations.

    You can NOT have a jury trial in a small claims action.

    Also, the motions that can be filed are limited, and you need to research civil procedure in your state and local district. There is NO discovery in small claims actions either.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Oregon Small Claims Court - Requested Jury Trial

    Here's an overview of Oregon small claims court procedures. When you say you were served with a small claims "order", do you mean a summons?

    Normally there's no motion practice in small claims court - you make your case at the hearing. You should be able to clarify with the court clerk if you can file a motion, or have a motion heard in advance of the hearing.

    If you want to prove a document is forged, you will want to present to the court whatever evidence you have that will establish that it's forged. If you believe the forgery was a crime, you're free to make a police report.

    How is the divorce relevant to her current case?

  4. #4
    Join Date
    Jul 2009
    Posts
    2

    Default Re: Oregon Small Claims Court - Requested Jury Trial

    We requested a jury trial in response to the original small claims order we were served. She responded and we received a summons. On this summons it cleary states that we need to "file with the court a legal document called a motion". We are having trouble decifering the correct form to use - the clerk at the courthouse referred us to a company that sells legal forms.

    The divorce, I suppose, is not relevant. However, she is claiming I signed this document - the one I believe is forged - stating I agreed to pay her money from a "private agreement"...after the divorce was final. She is mentally ill and part of probation is to seek mental health care...we were hoping this information could be included in the motion to show her lack of credibility and the fact this claim was initiated 4 days after I got remarried (she can not contact my wife per the stalking protective order).

    1. Sponsored Links
       

Similar Threads

  1. Appeals: Judgment After Trial De Novo on Appeal from Small Claims Court
    By Madam in forum Civil Procedure
    Replies: 6
    Last Post: 03-16-2011, 08:26 PM
  2. Discovery: Small Claims Court - Trial De Novo
    By ann g in forum Civil Procedure
    Replies: 1
    Last Post: 08-31-2010, 08:37 PM
  3. Replies: 1
    Last Post: 02-05-2010, 09:05 AM
  4. Discovery: Jury Trial in Small Claims Court
    By hpiguy in forum Civil Procedure
    Replies: 3
    Last Post: 08-11-2009, 10:45 PM
  5. Small Claims Court Trial For Basement Water Damage
    By soldiersgirl in forum Buying, Selling and Conveying Real Estate
    Replies: 1
    Last Post: 07-04-2007, 06:02 PM
 
 
Sponsored Links

Legal Help, Information and Resources