Re: Statute of limitations in Oregon
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Posted by scott (65.25.99.145) on May 28, 2003 at 01:53:03:
In Reply to: Statute of limitations in Oregon posted by Aimee on May 28, 2003 at 01:35:16:
http://community-2.webtv.net/Y-Chat/WhyChatsCredit/page38.html SIX YEARS
12.080 Action on certain contracts or liabilities.
(1) An action upon a contract or liability, express or implied, excepting those mentioned in ORS 12.070, 12.110 and 12.135 and except as otherwise provided in ORS 72.7250
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Date starts with last missed payment. It does not matter when the collection agency received the debt:
CAUSE OF ACTION
12.090 Accounts; accrual of cause of action. In an action to recover a balance due upon an account, the cause of action shall be deemed to have accrued from the time of the last charge or payment proved in the account. Interest, financing and carrying charges shall not be deemed such a charge. [Amended by 1973 c.204§1]
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you need to immediately countersue for $1000. IT is a violation of the fdcpa to sue on a time barred debt
http://www.dca.ca.gov/legal/dc_2.pdf (scroll down to page 26 and see the kimber case). print it out and bring it to court.
the violations you are actually sueing are fall under the FDCPA(fair debt collection practices act)
http://www.creditinfocenter.com/legal/FDCPA.shtml#807
FDCPA § 807. False or misleading representations [15 USC 1962e]
A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section: 2) The false representation of -- (A) the character, amount, or legal status of any debt; 4) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action. (5) The threat to take any action that cannot legally be taken or that is not intended to be taken. ----------------------------------------
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