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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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i was a defendant in a law suit the other party / plaintiff

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i was a defendant in a law suit the other party / plaintiff was a individual and a corporation . the matter was decided by arbitration now some 2 yrs later i find out the coporation lacked a legal stnding to transact in oregon becasue they were in violation of ors 640.007 and 648.135 becasue the coporation was dissolved 17 months prior to the arbitration and no one caught this and the plaintiff did not disclose it what can be done ?
Thank you for your question. Please permit me to assist you with your concerns.

When did you catch the error, how long ago?
Customer: replied 3 years ago.

two days ago when i search the oregon secretary of of state website it shows it was adminstartively dissolved for failure to annually register oreogn had strict laws about this under the ORSi provided

Hmmm, thank you for your follow-up.

At the time the arbitration took place they were formally dissolved. Do you know if at that time the records were updated to show their lack of standing, or you have no idea at all?
Customer: replied 3 years ago.

at the time of arbiration they were absolutley dissolved its clrealy posted on the secretary of states site as of 2-26-2010 the arbitration was 7-15-2011 the records were not updated the plaintiff and his counsel proceeded as if they were not dissolved and there is no record by way of recording nor transcript of this arbitration

Thank you for your follow-up.

That helps. I was concerned for you that if the records were updated, it would be harder to argue that you were placed on notice. As it stands, you would need to speak to an attorney and file a motion to set aside based on fraud and misrepresentation as well as lack of standing. The statute of limitations for fraud begins running when the fraud could reasonably been discovered (which is why I was concerned if this was updated at the time of arbitration), but if there was no reasonable way to know, and they had no standing to be in front of the arbitrator, you can file to set aside...and sue for both a reversal of the decision, and your direct expenses and curt costs (and attorney fees) based on your subsequent petition. But you will need a highly trained appellate specialist here--time-wise you are generally beyond the statutory limitation so you would need someone to evaluate the code and find grounds that the judge would recognize via which this case be set aside. It is possible, but it is technical, complex, and one of a few areas where an attorney would be essential.

Good luck.

Customer: replied 3 years ago.

in addtiona the party has never "cured " the lack of legal stading in 3 yrs and now the staue of limntation has ran out

The party never needed to 'cure' if nobody was aware of the defect. As for the statute of limitations, there is the argument that the SOL was 'tolled' and only began running at discovery of fraud, which is what your attorney would need to argue when filing to set aside. This is not an easy argument to make, but it is a possible claim that has a fair chance of success provided that the procedural hurdles are met.

Good luck.

Customer: replied 3 years ago.

can you look at pacific coast recovery v. johnston XXXXXXXXX A132938 and see the footnotes etc is very similars but it has all the laws right there

My apologies but what you posted appears as "XXXX" to me. Furthermore, I do apologize but the cost of using westlaw is prohibitive and would be more than the amount that you listed as value for your question. While I can provide you with general information, I cannot specifically look up a case for you. I do believe I have the case you are referring to, but I am not sure what you subsequent question would be--I cannot really create your whole outline for you as this is a situation that requires more than one case for review. Please advise.
Customer: replied 3 years ago.

i just wanted you to see how the oregon ors 648.135 and ors 648.007 applies to what ive told you

I understand and I agreed with you. I also do see this as a valid cause of action. The issue is complexity, this would require a good appellate attorney to cite this case and others that are similar in nature to have the courts agree to reverse the original decision on basis of lack of standing, and allow the courts to re-hear based on the new factors.

Good luck.

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