Statute of Limitations on Debt in Oregon
George Simons | December 02, 2022
Summary: Is a creditor threatening you over an old debt in Oregon? Find out how the statute of limitations protects you.
It is important to understand the statute of limitations on debt in Oregon if you have been sued over a particular debt in this state. In Oregon, debt collectors are required by law to register with the Oregon Department of Consumer and Business Services and also comply with state and federal fair debt collection laws.
What is the statute of limitations on debt in Oregon?
In Oregon, debtors have up to six years to file a debt collection lawsuit against you. Once the debt passes its statute of limitations, debt collectors cannot sue you for the debt; it will be considered time-barred or simply null and void.
However, it is also important to note that this statute of limitations only covers certain debts. Examples include:
- Credit card debt
- Medical debt
- Mortgage debt
- Contract debts
On the other hand, state tax debts do not have a statute of limitation.
Oregon Statute of Limitations
Deadline in Years
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How to deal with debt collectors in Oregon
If you have been sued over a debt that you supposedly owe in Oregon, the state's laws protect you against the actions of the credit card company or debt collection agency. The Fair Debt Collection Practices Act offers these protections to regulate how debt collectors conduct themselves when collecting a debt in the United States.
Under these laws, Oregon debt collectors cannot:
- refuse to identify themselves during the phone call or initial contact with you.
- lie about who they are or the agency they work for.
- lie about the amount you supposedly owe or any legal action they can take against you.
- use profane language or threaten you or your loved ones with violence in an attempt to recover the amount owed.
- contact you at work if you inform them that your employer does permit phone calls while you're on shift.
- call more than once a week.
- contact you earlier than 8 a.m. or later than 9 p.m.
Disputing a debt in Oregon
Suppose you have been sued for a debt you do not owe or an incorrect amount. In that case, you do not have to process the payment; you can dispute the debt instead.
In Oregon, the law requires the debt collector to send you a written notice within five days of the initial contact. This notice should include the following:
- the amount you owe;
- the agency or company you owe the debt to;
- the amount of time you have to dispute the debt.
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What happens if you don't dispute a debt in Oregon?
Not disputing a debt will not magically make it disappear. Instead, it could prove that you owe the stated amount. If you have any valid reason to dispute the debt, Oregon debt collection laws require that you file the dispute within 30 days of the date you first received the notice.
You may also request the debt collector, in writing, to verify the debt. Their response of verification should include:
- proof that you owe the stated debt amount;
- name and address of the original creditor (this applies only if the debt was sold to a debt collection agency).
Oregon laws also allow you to stop the debt collector from contacting you. To do this, you'll need to send them a letter in writing requesting them to stop contacting you.
In that case, the debt collector can only contact you to state either of the following:
- potential legal action taken against you to recover the debt.
- their willingness to stop attempting to collect the debt.
If the debt collector keeps contacting you even after you have requested them, in writing, to stop, you can file a complaint against them.
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How to respond to a debt collections summons in Oregon
If you would like to dispute a debt collection lawsuit in Oregon, you will need to file your answer to the collections summons and complaint.
This is the document served to you stating the legal action taken against you regarding the debt. In some states, such as Texas, a debt collection summons is also known as Citation and Petition.
Here's how to respond the right way:
1. Respond to each claim
This document usually consists of between 10 to 30 numbered paragraphs stating the details of the lawsuit. It is advisable to respond to each paragraph by either admitting, denying, or simply claiming that you 'do not know'.
By admitting, it means you agree with everything stated in that particular paragraph. By denying, it means the opposite. But, on the other hand, stating “I don't know” means you don't understand that specific paragraph or don't have the information required to respond to it.
2. Assert your affirmative defense
An 'affirmative defense' is a term that explains why the individual filing the lawsuit against you does not have a valid case. However, it is important to note that affirmative defense is a once-in-a-lifetime opportunity. If you do not take advantage of such an opportunity, the court will not allow you to use it later.
This explains why it is very important to let an attorney review your answer document and evaluate your options. For instance, when you file your answer via SoloSuit, the answer document is reviewed by a qualified attorney and then delivered to the court and debt collector.
Here are some examples of affirmative defenses to use in your answer document.
- The Oregon statute of limitations on debt has expired.
- The debt account does not belong to you.
- The contract was terminated; thus, you do not owe the debt collector anything.
- You were a co-signer but were not informed of your rights as a co-signer.
- The debt has been partially paid.
- The debt has been forgiven or paid in full.
Whichever defense you choose, you should be ready to submit evidence backing your claims.
3. File the answer
You are required to file the answer with the court handling the debt collection lawsuit and then send a copy to the plaintiff (debt collector). Given that the process of responding to a debt collection summons in Oregon is complicated, you can use artificial intelligence web applications like SoloSuit to create an attorney-approved answer in three easy steps before submitting it to the court and plaintiff.
What is SoloSuit?
SoloSuit makes it easy to respond to a debt collection lawsuit.
How it works: SoloSuit is a step-by-step web-app that asks you all the necessary questions to complete your answer. Upon completion, you can either print the completed forms and mail in the hard copies to the courts or you can pay SoloSuit to file it for you and to have an attorney review the document.
Respond with SoloSuit
"First time getting sued by a debt collector and I was searching all over YouTube and ran across SoloSuit, so I decided to buy their services with their attorney reviewed documentation which cost extra but it was well worth it! SoloSuit sent the documentation to the parties and to the court which saved me time from having to go to court and in a few weeks the case got dismissed!" – James
>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate
>>Read the NPR story on SoloSuit: A Student Solution To Give Utah Debtors A Fighting Chance
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