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Christopher M Veley

Christopher Veley’s Answers

19 total


  • What is the statute of limitation on a small claim loan between two parties in Washington State?

    I loaned a friend money for two trips and am still trying to collect repayment of this loan. I have it in writing that the money is owed but have yet to receive any payments.

    Christopher’s Answer

    In Washington, the statute of limitations for a breach of contract based on a oral contract (i.e. nothing in writing) is 3 years from the date of the breach (i.e. the date the money was due to be paid). If its a writen contract, then the statute of limitations is 6 years from the date of breach. Depending on what you have in "writing" it could meet the minimum requirements for a written contract, or it may not, but at the very least, it could be deemed as an admission that money is owed. To be on the safe, go with the three year statute of limitations limit.

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  • A sub contractor has filed a Right to Lein, what do I need to do to legally make the contractor pay the subs?

    We are having work done by a contractor. One of his subs has filed a Right to Lien.

    Christopher’s Answer

    Good question. I assume you are talking about the Notice of Right to a Lien as required by ORS 87.021 (It should state so at the top of the Notice). This notice is required may be given at anytime, but the notice only protects the right to perfect a lien for materials, equipment and labor or services provided after a date which is eight days, not including weekends and holidays, before the notice is given to the homeowner (by personal delivery or certified mail). This notice does not mean a lien has been recorded but places you on notice that a lien could be recorded by the subcontractor within 75 days of the date the subcontractor ceases to provide labor, materials, equipment, or services on the job, or 75 days after completion of the construction, which is ever earlier.

    The previous answer given is correct with respect to obtaining lien waivers. Another way to attempt to protect yourself from a subcontractor or material supplier lien is "when paying your contractor for materials, equipment, labor or services, you may make checks payable jointly to the contractor and the firm furnishing materials, equipment, labor or services for which you have received a notice of right to a lien" (this quote is taken directly from the form Notice of Right to Lien form language under ORS 87.023.

    Another thing you may wish to do is to--per ORS 87.027--demand in writing (to any one sending your a notice of right to a lien) a list of materials or equipment or description of labor or services supplied or a statement of the contractual basis for supplying the materials, equipment, services or labor, including the percentage of the contract completed, and the charge therefor to the date of the demand. If the information is not provided withnin 15 days, the sender of the Notice of Right to Lien may still be able to file a construction lien, but will not be entitled to recover any attorney fees (which may act as a deterrent to them filing a lawsuit to foreclose the construction lien within the 120 day deadline from the date they record the lien because of the costs involved).

    You may also wish to visit the Oregon Construction Contractor's Board website at www.oregon.gov/ccb and look under the "Consumer Publications" link for a document entitled "Construction Liens". That document should provide you with additional information on construction liens in Oregon.

    The foregoing information is not legal advice nor is it intended to be, nor should it be inferred or construed to be legal advice. Additionally, the foregoing information does not create an attorney-client relationship between Martin & Veley, P.C. (or Christopher M. Veley) and any who may read this answer, including the author of the question to which this information may respond to.

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  • What reason could lawyer have for not responding to an amended complaint?

    Our lawyer did not file a response to an mended complaint? Why would he do that?

    Christopher’s Answer

    That is a question you have to ask your lawyer or seek a second opinion from another lawyer to review the actions of your current lawyer. There may be a reason why he or she hasn't filed an answer to the amended complaint but again, there is no way of knowing in light of the information you have provided.

    Please note: this answer is provided for informational purposes only and should not be relied upon without first meeting and consulting with a licensed attorney practicing in your jurisdiction and experienced in the area of law about which you are inquiring.

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  • Where can I find deffanitions for all of the terms used in the legal system?

    I need to know the definition of legal terms that I'm not familiar with.

    Christopher’s Answer

    Can't guarantee it would be ALL the terms, but Black's Law Dictionary would be a good source. Good Luck!

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  • Can i remarry in las vegas if my washington state divorce is not final? and will my marraige be valid?

    I've been living seperate from my husband for four+ years now, my current lover and I want to get married, we have three little babies together... we'd like to alope in Vegas, but my divorce is NOT finalized...Can We Still Get Married ? Will Our M...

    Christopher’s Answer

    No.

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  • Writ of garnishment for 60 days continuing lien on earnings and payments under contract (washington state)

    In 2003 I recieved a traffic ticket that I forgot about and it went to collections. I have been paying on this ticket since 02/09 and have not missed a single payment. In fact it will be paid in full in may or june. A few days ago I get some certi...

    Christopher’s Answer

    Like most posts, more facts are needed to fully evaluate your matter. Generally speaking, however, in order to "garnish" in Washington, the creditor needs to first obtain a judgment against you by filing a lawsuit first and then obtaining the judgment by winning the suit. The creditor plaintiff in the lawsuit is required to have you "served" with a copy of the summons and complaint for the lawsuit. The "writ of garnishment" will actually show the caption of the lawsuit and the case number. I suggest you contact an attorney immediately about this.

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  • Brother was killed by vehicle

    I was wondering what the law is when a vehicle kills a pedestrian and "appears the driver wasn't drinking or speeding?" It was also stated that the driver was not cited. Is this normal? I mean, the driver didn't even get a ticket for killing my...

    Christopher’s Answer

    My deepest sympathies for your loss. I recommend you contact a personal injury attorney to discuss this matter. He or she will be able to advice regarding the duties and obligations of the driver and of your brother in a pedestrian/vehicle situation, and will be able to help obtaining the police report. Keep in mind that the police report, and lack of a citation, does not control whether the driver was negligent, etc. Again, sorry for your loss.

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  • Tile installation done incorrectly. Should I give them a second chance?

    I paid about 10K to have my bathroom redone including the tile surround of my tub/shower. The tile people did the pattern wrong. In addition, they were very difficult to work with, lied about many things and denied any responsibility for doing th...

    Christopher’s Answer

    Good question. There are a variety of options here, ranging from filing a complaint with the Oregon Construction Contractor's board (1 year statute of limitations) to filing a complaint for breach of contract, and potentially other claims depending on the facts.

    I recommend you consult with an attorney to more fully explain your rights and the specific facts relating to your situation. Our firm handles construction law in Oregon and Washington. Feel free to view our website at www.LitigationNorthwest.com. You may also wish to contact the Oregon State Bar referral program for a referral to a number of attorney's in the area that practice construction law. Good luck.

    Christopher M. Veley
    Martin & Veley, P.C.

    Disclaimer: The above is provided for informational purposes only and is not legal advice, nor does it create an attorney-client relationship.

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  • I need to amend our parenting plan, alleged drug use, abuse, etc.

    I need to file to change our parenting plan due to several reasons, the major of which are: 1) My ex-husband was in a methadone maintenance program for pill addiction when we divorced. He said he's clean and has since dropped out; 2) My ex's mothe...

    Christopher’s Answer

    Good question, but more facts are necessary. I recommend you consult with a local family law attorney to discuss your options. Our firm handles family law, including child custody issues, and welcome to contact us to schedule an initial consultation. Our websites are www.DivorceNorthwest.com and www.LitigationNorthwest.com.

    Christopher Veley
    Martin & Veley, P.C.

    Disclaimer: The above is provided for informational purposes only and is not legal advice, nor does it create an attorney-client relationship.

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  • Is it possible to get joint custody if the mother doesn't want it?

    I have Sunday afternoon to Tuesday afternoon with my 3 year old daughter. I have been writing down all the extra time that I've had her. And have been trying to get her on Saturday to Tuesday once a month. I want joint custody but her mother doesn...

    Christopher’s Answer

    Good question, but it needs more facts. I recommend you consult with a family law attorney who handles child custody issues to discuss this matter. Our firm handles child custody issues and would be happy to discuss this with you further. You may visit our websites at www.DivorceNorthwest.com and www.LitigationNorthwest.com.

    Christopher M. Veley
    Martin & Veley, P.C.

    Disclaimer: The above is provided for informational purposes only and is not legal advice, nor does it create an attorney-client relationship.

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