Saturday, April 25, 2009

What Is the Statute of Limitations for Collecting a Debt in Oregon?

Statutes of limitation are time limits imposed on creditors and debt collection agencies for collecting on a delinquent debt by the courts. The statutes of limitation on debts vary from one state to the next. If you live in Oregon and are being hounded by debt collectors, knowing when it's no longer legal for them to try to collect can empower you to take action against such harassment.

Maximum Years

    In Oregon, debt collectors cannot pursue you for more than six years. Oregon has a simple statute of limitations on debts, meaning that the six-year maximum applies to all debts, such as those created by written contracts, oral agreements and even promissory notes. However, federally backed educational debt is exempt from this limitation.

When the Clock Starts

    The time toward the expiration of a date typically begins on the date of last activity, such as a last payment or when the original debtor wrote off the account. This information can be found on your credit report.

What to Do

    You may inadvertently restart the clock on unpaid debts when talking to debt collectors, essentially extending the amount of time they have to collect from you. Activities that do can include admitting that you owe the debt or agreeing to send any money. Thus, when speaking to debt collectors, avoid admitting that the debt is indeed yours, according to BCS Alliance. Rather, ask them to furnish proof, via mail, that the debt truly belongs to you.

What to Expect

    During the years a company has to try to collect on a debt, it may contact you via phone or mail. However, you can legally stop collection calls or letters by writing to the collection company asking that they seize communications. Despite that, a company can take you to court to try to force you to pay the debt through a judgment. A judgment will stay on your credit report for 10 years. In Oregon, 75 percent of your earnings are protected from court-ordered wage garnishment.

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