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Statute of limitations in Oregon
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Posted by Aimee (67.41.87.81) on May 28, 2003 at 01:35:16:
In Jan of 1997 (6 years ago) I called to cancel my health club membership (The Downtown Athlethic Club). Apparently, I had to have it in writting according to my contract. I moved shortly thereafter and apparently was being billed every month until the balance reached $960. Now I have just received a summons that the collection agency, (Account Collections Bureau, Inc.) that got the case in Jan of 1998 is trying to sue me. I believe that it was assigned to them. I am not sure. I know when I talked to the Downtown athletic club today to ask for my payment records, she said by law she could not talk to me and refered me to A.C.B.I. I have four more days to respond. I tried negotiating with them. THey would not accept my offer and told me contractually they could not negotiate for less than the full principle amount. That was a lie because they offered me a settlement six months before. I have never made a payment on this debt since 97. They are suing me for 1400 for P+I. My question is, when does the statute of limitations start? Is it the time that I first missed my payment or is it the time that the collection agency first received my account? I can not afford a judgement against me so it is crucial that I know my rights and if I have a leg to stand on in court. I live in Oregon and that is where the debt also orriginated from. I believe that the statute is six years. But what date do I use? Where can I find the answer? Thank you.
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