Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

what rcw covers "failure to pay when due". I am the creditor,

what rcw covers "failure to...
what rcw covers "failure to pay when due".
I am the creditor, I have not found the rcw that makes it against the law to not pay your bills when due.
Show More
Show Less
Ask Your Own Legal Question
Answered in 3 minutes by:
7/28/2013
Legalease
Legalease, Lawyer
Category: Legal
Satisfied Customers: 16,385
Experience: 15 years exp all aspects of general law
Verified

Hello there

-

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.

-

MARY

-

Please press the 3rd, 4th or 5th smile face below so I will be paid for my time. I am paid NOTHING unless you press a positive rating below. Pressing the 3rd, 4th or 5th smile face below will NOT cost you any additional money -- it simply acts as the trigger for Just Answer to pay me for my time assisting you today. THANK YOU

Ask Your Own Legal Question
Customer reply replied 4 years ago

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.

Tony --

-

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?

-

-

MARY

Ask Your Own Legal Question
Customer reply replied 4 years ago

A one time transaction.


District Court, Civil,


$19,500.00


... 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.

-

MARY

-

Please press the 3rd, 4th or 5th smile face below so I will be paid for my time. I am paid NOTHING unless you press a positive rating below. Pressing the 3rd, 4th or 5th smile face below will NOT cost you any additional money -- it simply acts as the trigger for Just Answer to pay me for my time assisting you today. THANK YOU

Ask Your Own Legal Question
Customer reply replied 4 years ago

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.

-

MARY

Ask Your Own Legal Question
Customer reply replied 4 years ago

Mary,


 


Thank you.


 


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.

Hello again Tony --

-

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.

-

MARY

-

Please press the 3rd, 4th or 5th smile face below so I will be paid for my time. I am paid NOTHING unless you press a positive rating below. Pressing the 3rd, 4th or 5th smile face below will NOT cost you any additional money -- it simply acts as the trigger for Just Answer to pay me for my time assisting you today. THANK YOU

Ask Your Own Legal Question

Hello again Tony -

-

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).

-

MARY

Ask Your Own Legal Question
Customer reply replied 4 years ago

Mary,


 


Thank you for your support. I was able to be strong, which lead to settlement (me getting paid) without litigation.


 


Thanks Again


Tony

Hello again Tony --

-

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.

-

If you have additional questions for me, I would be happy to answer them for you but would appreciate it if you press the THIRD, FOURTH or FIFTH SMILE FACE BELOW (underneath this answer box) so I will be paid for my time for this series of questions on this question and answer thread. THANK YOU VERY MUCH !!!

-

MARY

Pressing a positive rating below will NOT have any adverse consequences within this website -- it is just a trigger to Just Answer to pay me for my time in assisting you with all of these matters. I am paid NOTHING to assist you or any other customer in any offline consult or legal fees by or through Just Answer and am only paid when you press a positive rating below.. THANK YOU VERY MUCH !!!

 

Legalease
Legalease, Lawyer
Category: Legal
Satisfied Customers: 16,385
Experience: 15 years exp all aspects of general law
Verified
Legalease and 87 other Legal Specialists are ready to help you
Ask your own question now
Ask Legalease Your Own Question
Legalease
Legalease
Legalease, Lawyer
Category: Legal
Satisfied Customers: 16,385
16,385 Satisfied Customers
Experience: 15 years exp all aspects of general law

Legalease is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,218 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,218 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

41,455 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

287 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I received a summons for breach of contract with Lowes
I received a summons for breach of contract with Lowes credit card. My income is Social Security, I am 64. My husband is not on the contract, but is 76 years of age and is also on Social Security and … read more
John
John
Attorney
Doctoral Degree
5,765 satisfied customers
I have someone who breached their contract by breaking an
Hello, I have someone who breached their contract by breaking an NDA and I am trying to find out if the evidence I have is enough to bring charges against them. … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
886 satisfied customers
Is an oral contract and I'm assuming that because I did pay
Is an oral contract and I'm assuming that because I did pay $1000 down on $2000 marketing services arrangement, and the marketing person wrote an online profile, replete with errors, is within the sta… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Is an oral contract and I'm assuming that because I did pay
Is an oral contract and I'm assuming that because I did pay $1000 down on $2000 marketing services arrangement, and the marketing person wrote an online profile, replete with errors, is within the sta… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
886 satisfied customers
I am being sued for breach of contract by a financial
I am being sued for breach of contract by a financial advisor who has sent me an a time list of "extra services he has performed that,he claims, outside his contractual fees. He is suing me for $33,00… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,218 satisfied customers
How can I resend a deed do to breach of contract and fraud?
How can I resend a deed do to breach of contract and fraud ? … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I had a breach of contract with a venue, they did not want
I had a breach of contract with a venue, they did not want to host my event again despite having a paid in full contract with them months prior to the event date---i want to take them to small claims … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
An oral contract froth sale of real property is an example
An oral contract froth sale of real property is an example of contract that is void? … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
34,606 satisfied customers
I have a breach of contract action in progress that requires
second opinion] I have a breach of contract action in progress that requires a declaratory judgement affirming the contract's validity. Defendant claims the the contract is flawed due to drafting erro… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
41,455 satisfied customers
I have a breach of contract action in progress that requires
second opinion] I have a breach of contract action in progress that requires a declaratory judgement affirming the contract's validity. Defendant claims the the contract is flawed due to drafting erro… read more
LegalGems
LegalGems
Juris Doctorate
10,163 satisfied customers
I have a breach of contract action in progress that requires
I have a breach of contract action in progress that requires a declaratory judgement affirming the contract's validity. Defendant claims the the contract is flawed due to drafting error and has made c… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,218 satisfied customers
The attorney for the defense, in a breach of contract civil
The attorney for the defense, in a breach of contract civil suit, while talking to the pro se plaintiffs admitted that his client did in fact breach our contract. What can the pro se due with this adm… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,451 satisfied customers
What are the requirements oral contract? Idaho, no this is a
no this is a farm lease that has erxpired the tenant won't vacate the property. we meat with our laywers and started discussing a new least he wanted a 10 year lease with 10 year option I said no to the option and said only 10 years. the meeting ended with no contract. latter I saw the tenant at a grocery store and told him to vacate my property, he said he is going to sue me because we have an oral contract for 10 years. … read more
Michael Bradley
Michael Bradley
JD
1,127 satisfied customers
I need an attorney to file a Breach of Contract against
I need an attorney to file a Breach of Contract against Cigna Insurance Co. It is NOT a Medical Malpractice. … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
41,455 satisfied customers
If someone sues me for a breach of contract and they are
If someone sues me for a breach of contract and they are trying to add up debatable if not erroneous monies indirect of the contract (like pain and suffering, missed vacation etc) they want to recover… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,451 satisfied customers
I need to sue a contractor for breach of contract and fraud.
I need to sue a contractor for breach of contract and fraud. Im not sure if I should take this suit to Small claims or district court in MN … read more
FamilyAttorney
FamilyAttorney
Appellate attorney & former trial lawyer
JD
1,446 satisfied customers
I'm being sued for Breach of Contract (auto repo). Is it
I'm being sued for Breach of Contract (auto repo). Is it beneficial to hire a lawyer? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,451 satisfied customers
Are oral contracts enforceable? Nj. Had a contract with a
had a contract with a salesman to sell my group health ins. accts to. we agreed to 1 times comm at 25% yr for 4 yrs.,no d/p or int. All consultants said it was more thn fair He stoped paying after 1 yr. and 3 months… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,498 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x