Litigation is very expensive and very intrusive
into your time and privacy. It should be undertaken only after
considering all alternatives.
It may cost more to obtain a
judgment that will be recovered. afterwards. For small cases (under
$10,000) consider small claims courts.
Cost versus Collectability.
Small Claims Courts in Oregon and Washington
What follows is a collection of recent arbitration
cases to point out some of the pitfalls.
Court cannot determine whether condition precedent
to arbitration occurred.
Business Arbitration can be exorbitant.
T-Mobile cell phone arbitration contract
provision void for
Arbitration starts when statutory procedures unless parties agree to
Attorney Fees: OR. Plaintiff is the prevailing party even though
defendant reduces award on appeal.
Fees: WA. List of some of the attorney fee award statutes in
WA. Manifestation of assent by debtor to account
OR-No constructive trust. A wrong must be proved
before imposition of constructive trust.
Punitive damages: OR. Who Is Prevailing Party When Punitive Damage
Delaware futility rule adopted in Washington - 2009.
Discovery: WA. Party must prove likely harm to obtain a
Theories of Recovery
More information on various causes of action available to
Service of Process
Service on office manager of registered agent lawful.