Legal Question in Legal Malpractice in Oregon

Re: Clerical error regarding bail money

Sounds like you might have a claim against whatever agency that clerk worked for. If it was the Multnomah County Sheriff's office -- most likely, since they operate the jail downtown -- then you should immediately contact their "Risk Management" office, and provide them with that documentation. Be aware that there is "Tort Claim Notice" required for a claim against any government body in Oregon, and it must be delivered to specified persons in a specified way, not later than 180 days from the date of the occurrence, or in some cases, from the date of reasonable discovery of the negligence. The matter is governed in the ORS, chapter 30. However, if you just write to the Risk Management dept of Multnomah County, get THEM to admit, IN WRITING, that they've received sufficient notice to satisfy tort claim notice requirements, you should be okay.

Another issue: Be sure it was in fact the county. It could be some other agency, including the city of Portland.

The 180-day timeline for Tort Claim Notice does not require that you sue them within that time; BUT, if you haven't given proper NOTICE within that time, you may be barred from bringing a claim later. The statute of limitations for this type of case is most PROBABLY 2 years from date of occurrence. That means if you haven't settled or sued by the 2-year anniversary, then it may be too late afterwards.

Good luck to you!! They SHOULD just pay you, if you have sufficient proof. If you run into trouble, get a civil litigating attorney to help out.