Being sued in oregon
- Thread Starter kaffy
- Start date
Zigner
Well-Known Member
Generally, it does appear that 6 years would be the statute of limitations. There may be reasons why it would be extended, which would depend on the exact facts in your situation which should be reviewed by an attorney for specific advice.
Did you never incur the debt, or are you saying you did incur the debt, but it was more than 6 years ago?
Did you never incur the debt, or are you saying you did incur the debt, but it was more than 6 years ago?
Zigner
Well-Known Member
Your best starting point may be to contact the attorney to show that they are suing the wrong person.
It's a debt collector sueing me I contacted them immediately when I got the summons and informed them that they have the wrong person. And that I have never been notified of this otherwise I would have fought it 7 years ago. They weren't intrested in what I had to say. So I requested a hearing to fight it. And time-barred for the collection of the debt.
adjusterjack
Super Moderator
Of course they aren't interested in what you say. They hear it all day, every day.
You'll have the opportunity to dispute the matter in court.
Critical questions, require answers.
Date you were served the summons?
How much money are you being sued for? Dollar amount please.
Small claims court or regular court?
Did the summons require you to file a written answer?
If yes, did you?
If you did, did you raise the statute of limitations as a defense?
You'll have the opportunity to dispute the matter in court.
Critical questions, require answers.
Date you were served the summons?
How much money are you being sued for? Dollar amount please.
Small claims court or regular court?
Did the summons require you to file a written answer?
If yes, did you?
If you did, did you raise the statute of limitations as a defense?
army judge
Super Moderator
Is the debt in the spotlight a debt incurred by a close relative, as in mother, father, grandparent, grandchild, one of your children, spouse, sibling, etc???
Was the debt in question incurred by someone who lived at your address, perhaps a boyfriend or girlfriend?
Was the debt in question incurred by someone who lived at your address, perhaps a boyfriend or girlfriend?
Zigner
Well-Known Member
It's possible someone was impersonating you, but it's also possible someone else has the same name. Just sayin'
adjusterjack
Super Moderator
I hope by now you have searched the internet for information on how Oregon small claims court works. If not, here's what I learned.
Raise the statute of limitations before the plaintiff's turn and ask for a dismissal with prejudice. Make sure you cite the statute number.
www.solosuit.com
Keep in mind that the bill might be 7 years old but the statute of limitations may have begun to run at a later date.
The instructions to plaintiff may give you information about what the plaintiff has to do.
I found the following form. Since you are being sued by a debt collector it appears that the debt collector was required to file the completed form and/or serve you with a copy. If you don't have it and it hasn't been filed, bring a copy to the court and, when the plaintiff states his case, ask the questions on the form.
This is the statute that the form refers to:
oregon.public.law
If the plaintiff cannot provide the information required on that form, ask for a judgment that you don't owe the money.
I found two statutes that apply to small claims. One or both may apply to your case. Study up.
oregon.public.law
oregon.public.law
I also found this guide:
www.courts.oregon.gov
Might not be your county but has useful information.
Break a leg. (Break a Leg: Meaning and Origin of a Common Idiom)
Raise the statute of limitations before the plaintiff's turn and ask for a dismissal with prejudice. Make sure you cite the statute number.
Statute of Limitations on Debt in Oregon (Complete Guide 2024) | Solo Blog
The statute of limitations applicable for specific types of debts will be determined by the state in which you reside. For example, in some states, the statute of limitations for certain types of debt is three years; in others, the statute of limitations is six years, while other states have a...
www.solosuit.com
Keep in mind that the bill might be 7 years old but the statute of limitations may have begun to run at a later date.
The instructions to plaintiff may give you information about what the plaintiff has to do.
I found the following form. Since you are being sued by a debt collector it appears that the debt collector was required to file the completed form and/or serve you with a copy. If you don't have it and it hasn't been filed, bring a copy to the court and, when the plaintiff states his case, ask the questions on the form.
This is the statute that the form refers to:
ORS 646A.670 – Legal action to collect debt
A debt buyer that brings legal action to collect or brings legal action to attempt to collect purchased debt, or a debt…
If the plaintiff cannot provide the information required on that form, ask for a judgment that you don't owe the money.
I found two statutes that apply to small claims. One or both may apply to your case. Study up.
ORS Chap. 46 – Small Claims Dept. of Circuit Court
Oregon Revised Statutes Title 5, Small Claims Department of Circuit Court; Chapter 46, Small Claims Department of Circuit Court. Refreshed: 2023-06-16
ORS Chap. 55 – Small Claims
Oregon Revised Statutes Title 6, Justice Courts; Chapter 55, Small Claims. Refreshed: 2023-06-16
I also found this guide:
Oregon Judicial Department : Small Claims : Going to Court : State of Oregon
Small Claims
www.courts.oregon.gov
Might not be your county but has useful information.
Break a leg. (Break a Leg: Meaning and Origin of a Common Idiom)
Tax Counsel
Well-Known Member
If you are representing yourself, take a morning or afternoon some day before your hearing to sit in the courtroom to see how the cases are handled and familiarize yourself with the courtroom. That should help you get a feel for what to do and relieve some anxiety about what the experience will be like.
army judge
Super Moderator
Another highly coveted CLAPPER AWARD, outstanding!!!I hope by now you have searched the internet for information on how Oregon small claims court works. If not, here's what I learned.
Raise the statute of limitations before the plaintiff's turn and ask for a dismissal with prejudice. Make sure you cite the statute number.
Statute of Limitations on Debt in Oregon (Complete Guide 2024) | Solo Blog
The statute of limitations applicable for specific types of debts will be determined by the state in which you reside. For example, in some states, the statute of limitations for certain types of debt is three years; in others, the statute of limitations is six years, while other states have a...
Keep in mind that the bill might be 7 years old but the statute of limitations may have begun to run at a later date.
The instructions to plaintiff may give you information about what the plaintiff has to do.
I found the following form. Since you are being sued by a debt collector it appears that the debt collector was required to file the completed form and/or serve you with a copy. If you don't have it and it hasn't been filed, bring a copy to the court and, when the plaintiff states his case, ask the questions on the form.
This is the statute that the form refers to:
ORS 646A.670 – Legal action to collect debt
A debt buyer that brings legal action to collect or brings legal action to attempt to collect purchased debt, or a debt…
If the plaintiff cannot provide the information required on that form, ask for a judgment that you don't owe the money.
I found two statutes that apply to small claims. One or both may apply to your case. Study up.
ORS Chap. 46 – Small Claims Dept. of Circuit Court
Oregon Revised Statutes Title 5, Small Claims Department of Circuit Court; Chapter 46, Small Claims Department of Circuit Court. Refreshed: 2023-06-16
ORS Chap. 55 – Small Claims
Oregon Revised Statutes Title 6, Justice Courts; Chapter 55, Small Claims. Refreshed: 2023-06-16
I also found this guide:
Oregon Judicial Department : Small Claims : Going to Court : State of Oregon
Small Claims
Might not be your county but has useful information.
Break a leg. (Break a Leg: Meaning and Origin of a Common Idiom)
The people love you, chief.
adjusterjack
Super Moderator
Aw, gee.
