Legal Question in Civil Litigation in Oregon

I rented a portable saw mill back to the person who sold it to me on a verbal agreement. He then sold my saw mill to someone else. How do I reclaim my saw mill and district attorney says they have no grounds to pursue legal action against the person who sold my Sawmill and all I have for proof of ownership is a hand written bill of sale. Do I just have to accept the loss or can I still get my sawmill back? I live in Oregon


Asked on 1/14/10, 5:59 am

1 Answer from Attorneys

Daniel Meek Daniel W. Meek

You would sue him for conversion of property and unjust enrichment. If the saw is worth $7,500 or less, you can do this in small claims court without an attorney. If it is worth more, you can do it in regular court and can use an attorney, if you want, but you can also handle the case yourself.

An oral agreement is still a contract. You just have to show that it happened. You can show it by financial records, as in the check you used to pay for the saw mill when you bought it. You could have an expert in saw mill values (should be lots of those in Oregon) testify that, yes, that check for $xxx to Mr. Guy is about what someone would pay for that saw mill. This is really the key piece of evidence--that you did pay him for the saw mill in the first place.

And you say you have a handwritten bill of sale. Great! Who wrote it? Who signed it? If the thief either wrote it or signed it or both, then submit it as evidence of the sale. If he disputes it is his handwriting, he will have to provide a reliable, dated sample of his handwriting (like maybe his driver's license signature) .

You might also have rental checks from the thief to you, thus showing he was renting the saw mill on a monthly basis, or whatever basis it was.

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Answered on 1/19/10, 4:18 pm


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