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That is because there is no Washington statute or statute in any other state that says what you are looking for explicitly. If you loaned money or extended credit to someone then any legal action that you may have against that person would be under civil case law -- which has developed over hundreds of years. If you can tell me a bit about the debt I can give you some more information on the legal background that you would use to pursue them in civil court.
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I provided Goods and Services.Purchaser has received, had opportunity to inspect, has not rejected for 2+yrs, and has acted as owner. So under RCW 62a.2-201(3)(c) I can show the the Defendant purchased the Goods and Services.He has not paid. So, In the Cause of Action section of my complaint, what RCW do I reference to get a judgement.
What you are referring to is a portion of the Uniform Commercial Code as adopted in WA and which has been adopted in all states. It does set up some standards of parties in business and for the course of business and trade. Can I ask a few more questions?
Are you a regular seller / merchant of these types of Goods/Services or was this just a one time transaction?
Are you trying to file a criminal complaint or is this a small claims court action?
How much is the value of the items purchased?
When did he promise to pay you -- when he first received the products?
A one time transaction.
District Court, Civil,
... the sooner of his resale or 6 months, (6 months expired ~2yrs ago.
I t may be quicker by phone, I have to lease in 13 miniutes, I will be back in about a half hour after that :-)
Hello again Tony --
Unfortunately, I am not able to communicate with you offline -- it has to be in this forum only (site rules). The Uniform Commercial Code statute does not apply to one time transactions between private parties -- it only applies to sales from merchants and between merchants who have a regular course of business or trade. What you have here is a classic Breach of Contract action -- Your statement of claim would be a short description of what happened with the contract. For example: "Plaintiff and Defendant entered into a written contract on XXXX date where Defendant agreed to pay Plainitf $XXXXX on XXXXX date. As of todays's date, Defendant has not made the payment as agreed and I have telephoned and contacted him regarding same, without response, therefore Defendant has Breached the Contract with the Plaintiff and now owes the sum of $XXXXX". That is all -- it is a simple contract between two parties and it was breached. If the court will accept a copy of the written contract attached to the complaint then you should attach it so it will be in the file when the court starts to review the case and set it up for hearings and the ultimate trial if the person does not pay.
I hope that helps.
I replied last night.
I studied the "Merchant" definition RCW 62A.2-104, I and my partner are clearly Merchants.
Hello again Tony -
Because I do not know exactly what you do, I have no way to analyze that. However, I have done claims under the Uniform Commercial Code and for private persons in many states and what you have here is still a straight breach of contract claim -- whether you are a merchant or not. My commenting regarding that you were not a merchant is that I simply do not want you to start spouting off statutes that might not be applicable in your filings when you do not even have to -- you have a breach of contract claim and what I told you above still stands.
I focused on one word in your reply "For example: "Plaintiff and Defendant entered into a written contract..." The word "written".
There is no written contract. Is a written contract required to sue for "breach of contract claim"? I sold, delivered to their property and finished a cabin, including requested additions and site work.
I have plenty of written evidence they ordered the goods and services, signed permits, they were present on many occasions, accepted the end product, did not object, advertised the now improved land for sale, obtained offers and finally accepted an offer without paying me as agreed.
Their position is "you do not have a written contract" here is $7,000 to now purchase the cabin. The agreed price was $19,500, county assessor is $18,000.
Pursuant to Washington law, you have 3 years to sue for an oral contract (written contracts, 6 years and oral contracts 3 years). Here is a link to one of our sister websites which explains all of this -- http://www.expertlaw.com/library/limitations_by_state/Washington.html The paperwork that you have supports the fact that an oral contract existed. So you change my language to an Oral contract and so long as the date entered into is less than 3 years before you file the lawsuit you are fine.
Do you have any further questions for me? If not, I would appreciate it if you would press the 3rd, 4th or 5th smile face below so I will be paid for my time. I have actually given you more information than I generally should for an educational website (we are not supposed to actually give you language to use in a court filing), but I wanted to help you out here. In turn, I am hoping that you will press a positive rating below because I am genuinely paid NOTHING unless you do so (we do not receive paychecks).
Thank you for your support. I was able to be strong, which lead to settlement (me getting paid) without litigation.
It is absolutely fantastic that you have been paid to settle these matters with the Defendant in these oral contract matters. While I am not sure how much you used my assessments in the end to secure the settlement agreement, I can assure you that everything was accurate & legal under Washington law and ultimately would have proven valuable in your pursuit of a settlement and then ultimately a trial before a judge or jury.
I am not sure if you are aware of this but I have still not been paid anything for my assistance in these matters? Sometimes customers will press a positive rating underneath an ANSWER box and it does not register correctly or it does not register at all (the computer system has blips and bleeps at times). Sometimes customers will forget to "take care of it", then leave the website without pressing a positive rating at all -- the expert then goes unpaid for all of the research and time put into the series of ANSWERS posted and discussions about the subject or topping being discussed with you for your case overall.
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