namtrem said:
My ex-girlfriend owes me $1500. I would like to take her to small claims court to resolve this problem. Is it true that in the state of Oregon you need to attempt collection BEFORE filing? If so, what about a restraining order keeping me from contacting her?
My response:
In most jurisdictions, it is a requirement that an attempt to collect a debt be performed prior to filing a lawsuit. However, if you have a restraining order against you, such an attempt to make contact to settle the debt prior to a lawsuit would be absolutely detrimental to your sense of Freedom - - i.e., you'd be risking jail time.
Therefore, file your lawsuit, have it served by a law enforcement authority, and when you get before the judge, you can explain why you couldn't make an attempt to collect prior to filing.
IAAL
