[DJD58]

I was wondering if and how long the statue of limitations for credit card debt is in oregon??? I became unable to pay my credit card debt in 2002 and have not been able to pay even thou i am working I have a garnishment on for one of them but have not been contacted untill a month ago about the other one, now a attorneys office is calling me wanting money. due to the garnishment i can't pay them.

I was wondering if and how long the statue of limitations for credit card debt is in oregon??? I became unable to pay my credit card debt in 2002 and have not been able to pay even thou i am working I have a garnishment on for one of them but have not been contacted until a month ago about the other one, now a attorneys office is calling me wanting money. due to the garnishment i can't pay them.

According to this very website, it's 6 years for contracts. I am not an Oregon attorney so don't take my word for it. But look here: http://www.expertlaw.com/library/lim...te/Oregon.html

Also, keep in mind, in some states, and probably yours, the 6 years starts after you stop paying. So if you take out a loan on 1/1/2000, pay for 3 years then stop on 1/1/2003, the statute probably starts to run after that time.

[Betty3]

The SOL is 6 years on credit cards in Oregon.

The SOL will run from the date the last action was taken on the card (ie date of your last payment).

The SOL is 6 years on credit cards in Oregon.

The SOL will run from the date the last action was taken on the card (ie date of your last payment).

Do you know for sure? That doesn't make complete sense if so.

[Betty3]

Yes. If/when you stop paying - the SOL starts running then/starts over (from the date of your *last* payment - even if you had several starts & stops of payments).

From a law book: The SOL begins to run on the date of the last activity – in the case of credit cards, the last payment that was made; a partial payment; or *sometimes* a written promise to repay the debt can even restart the SOL. (whether written promise can is according to state) Even after the SOL has run out, paying on the card can restart the running of the limitations period all over again. If you later stop paying again before the card is paid off, the SOL will run/start over again from that date - the date of last payment/date of last activity.

I don't know, still doesn't make sense. Let's say that I have a loan and I have to pay every 1st of the month and I pay for 1 year, last payment being 12/01/07. You're saying that the SOL begins to toll immediately after I make a payment, on say, 12/2? I would think that at the earliest it would be the day I miss a payment - so 01/01/08 because that is when the breach of the agreement occurs. And I could even make an argument that it's after that that it begins to toll. But saying it starts on 12/02/07 doesn't seem logical to me. Do you have a source for this?

[Betty3]

That's not what I'm saying. I'm saying if you are paying on a credit card for example & you pay for one year & then stop - the SOL starts then, the date of last payment - the end of the one year. However; if you should start paying again (say you start again one year after you stopped) & later stop again, the SOL restarts then because that will be the date of your last payment. The date you later stopped again.

This is from a thread on a forum:
What is the statue of limitations on credit card debt in the State of Oregon? Can they sue me for a debt that was opened in 1999?

The statute of limitations for your state is 6 years.
The statute that tells you when that (SOL) starts is as follows:
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. (date of last payment) Interest, financing and carrying charges shall not be deemed such a charge. [Amended by 1973 c.204 §1]

That's not what I'm saying. I'm saying if you are paying on a credit card for example & you pay for one year & then stop - the SOL starts then, the date of last payment - the end of the one year.

But you are saying that or at least were - and the statute says it too, so thanks for providing it. But your statement above now says something different - and it's not at the end of the year, it's the date of the last payment. The date of the payment and the end of the year are two different dates if the first of the month is the date of the payment. Agreed? So if you pay the 1st of the month every month, it begins to toll on the 2nd, not at the end of the year.

[Betty3]

What I am trying to say is if you stop paying at the end of the year (you don't pay the prem. due the end of the year) - the date that you did pay last the SOL starts. (the date of last payment) When I said stopped paying at end of year & then SOL starts - I didn't mean actually end of yr. but last prem. paid before you stopped at end of yr. which would have been around end of year (was kind of hard to explain - I didn't quite say it in the best way - could have worded it a little different) (I should have used actual dates as examples.)

My post of yesterday at 11:33pm The SOL will run from the date the last action was taken on the card (ie date of your last payment) is correct & the easier to understand.
From a couple other references: The Statute of Limitations starts ticking the day you make the last payment on your account.
The SOL starts to run from the date of the last activity, which is usually the date of last payment, on the credit card account. You can get a copy of your credit reports and see when the last payment was made.

Anyway, I think we understand one another now - I hope so.

I followed. I posted too yesterday. I am very technical in my language (which can be good and bad) - but a 30 day difference can be huge sometimes so that's why I was trying to pin it down.

I am pretty sure that here in Pa the SOL starts to run on the date of the breach rather than the date of the last payment - to me that makes more sense but with the Oregon way, it's easier to prove.