Legal Question in Business Law in Oregon

small claim

I need consult, how long I have to file a small claim in Oregon, who/how to go about it.

May 2008 I signed contract with a man I befriended on Craigslist (sculptor/independent contractor) to help build a sunroom by November 2009 --$15000 (labor) to help him start up his metal sculptor business to project at my home. An additional $2000 to cover metal framework to support the windows. He had dozens of excuses why he could never start. November past and the job was never started. I asked for $back. What is the statutes of limitations and what is my next step to start a small claims. It will be a year in May. thankyou


Asked on 4/21/09, 10:30 am

2 Answers from Attorneys

Susan Burns Law Office of Susan Ford Burns

Re: small claim

I assume that you meant that the sunroom should have been completed in November 2008 (rather than 2009, which was the date in your question).

If you paid the man more than $7,500, (it appears that you might have paid him as much as $17,000) then your claim will be more than is allowed in small claims court, which has a $7,500 limit.

Oregon has a six year statute of limitations for breach of contract, which is what your claim appears to be. However, I recommend that action be taken well before the six year limit because as time passes it can be harder to find the defendant and specific details can be forgotten.

It is also possible that this person was trying to work as an unlicensed contractor, so there may be other claims against him, some of which are likely to have a shorter statute of limitations.

If you are out more than $7,500, it would be best to contact an attorney and have her assist you with your claims.

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Answered on 4/22/09, 12:40 pm
Daniel Meek Daniel W. Meek

Re: small claim

Much info about small claims court in Oregon is here:

http://www.osbar.org/public/pamphlets/smallclaims.html

Your claim would be for breach of contract. The statute of limitations for that is generally 6 years.

But your question is confusing. You say he was to build a sunroom by November 2009, then you say "November past and the job was never started." I assume you meant November 2008.

You do not state how much money you have actually paid him. Limit on claim in small claims court is $7,500.

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Answered on 4/22/09, 6:45 am


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