Willard H Chi’s Answers

Willard H Chi

Lake Oswego Business Attorney.

Contributor Level 7
  1. What happens if I don't respond to a summons from a credit card company?

    Answered over 5 years ago.

    1. Willard H Chi
    1 lawyer answer

    Just to add a few more details to the previous answer, you have 30 days from the date of being served these papers to file an appearance or an answer. You can also notify, in writing, the attorney for the credit card company that you plan to file an answer, which requires the credit card company's attorney to give you 10-days written notice before taking the default. They're probably seeking all the costs and attorney fees related to bringing this lawsuit, so if you have any beliefs that...

    2 people marked this answer as helpful

  2. I broke the lease and did not pay on my move out day what kind of rights does landlord has to charge me?

    Answered over 5 years ago.

    1. Willard H Chi
    1 lawyer answer

    It sounds like you have a fixed term lease and if it was a form lease that your landlord had you sign, it probably obligates you to keep paying rent until the landlord finds another tenant to take your place. But the landlord does have the duty to make reasonable efforts to find a replacement tenant. While I would need to see the lease agreement, I find it questionable that it would require you to pay a lump sum amount upon moving out early. Keep in mind other costs that your landlord...

    1 person marked this answer as helpful

  3. An easement (driveway) passes through our property. Can the user of the easement widen the drive without our permission?

    Answered over 5 years ago.

    1. Willard H Chi
    1 lawyer answer

    It depends on the contents of any easement agreement, and whether it was recorded properly. It should state whether someone can expand the driveway, and whether permission is required from the other party. A well-written easement agreement will state the exact location and size of the easement, maintenance responsibilities for the easement, and the duration and revocability of the easement. If your easement user is in violation of any easement agreement, you may have the option of...

    1 person marked this answer as helpful

  4. What can we do about restitution never paid over 17 years ago? Person moved to Utah.

    Answered over 3 years ago.

    1. Willard H Chi
    2. Dorothy G Bunce
    2 lawyer answers

    I agree, highly unlikely unless you renewed your judgment within the time allowed for renewal (currently 10 years). You can present the judgment and ask that she honor the debt, but you would not be able to enforce the judgment unless it had been renewed. It's unlikely are a professional debt collector, but you also don't want to run afoul of the Fair Debt Collection Practices Act any any state/local consumer protection laws. If you wanted to send me the judgment, I could look it up and see...

  5. My ex-husband owes me nearly $300,000 in back alimony and the remainder of thesettlement he agreed upon. What can i do?

    Answered over 3 years ago.

    1. Willard H Chi
    2. Robert Daniel Kelly
    2 lawyer answers

    If your divorce decree contained a money award for your spousal support (which it should), each missed payment is recorded as a lien against your ex-husband's real property in the county where the divorce was recorded. The same would apply for any money award of a lump-sum payment that wasn't made, so I would make sure those are properly recorded and see if he has any equity in his real property. If you were represented by an attorney for your divorce, it would make the most sense to...

  6. If I pay for last month of lease, can I leave early and be released from obligations of lease by walk thru insp & turn in keys

    Answered almost 4 years ago.

    1. Willard H Chi
    1 lawyer answer

    If you signed a standard lease form agreement, you are often obligated to inform the landlord if you will be gone from your apartment for more than 7 days. Oregon law doesn't require this, but it's found in virtually all lease agreements. This is reasonable, as an occupied apartment is less likely to be damaged by weather or break-ins than an unoccupied apartment. Separately, you may be required to conduct a walk-through after you move out so that both landlord and tenant see the same...

  7. If a contract is filled out by the agreeing party but has no space for a signature, is it still legally binding?

    Answered over 5 years ago.

    1. Willard H Chi
    1 lawyer answer

    A contract need not be written down and signed in order to be binding on the parties, but there must be agreement as to the terms. There are certain circumstances where a written contract is required, but this situation does not seem to be an exception. It can be argued that a parent who has filled out your form has agreed to the contract terms. Changes to the contract can also be agreed upon without a writing. There are also non-contractual arguments you can make, like quasi-contract or...

  8. Isn't there a statute of limittions on bill colectors collecting?

    Answered over 5 years ago.

    1. Willard H Chi
    1 lawyer answer

    There are statutes of limitations that apply for debts, or debts stated, and it's generally 6 years from the last activity (either use of credit or payment by you in the case of a credit card). There are also Fair Debt Collections laws, state and federal, that apply in how they go about collecting the debt, so it's definitely worth reviewing and considering fighting. If you think they've violated Fair Debt Collections laws, you generally only have a 1-year statute of limitations to file, so...