being sued by midland funding llc
Date: Mon, 05/03/2010 - 12:15
I am being sued by midland funding llc, just wandered if you have any advice. I am being taken to small claims circuit court in oregon. I believe that the statues of limitations are past time that they can collect so therefore they are suing me. Any advice you can give me would be helpful.
Thanks
Thanks
If the statutes are past that is your defense against the suit!
If the statutes are past that is your defense against the suit! Show up and make them prove that the statutes have not passed the expiration! It would go by the date when you last made a payment or in any other way acknowledged that the debt was valid!
The Oregon statute of limitations for a written contract is 6 ye
The Oregon statute of limitations for a written contract is 6 years from the time you are late according to the contract. However, even if the statute of limitations has expired you are still obligated to pay on the debt, the creditor/collection agency cannot use the court to force a remedy.
Quote:Originally Posted by frogpatchIf the statutes are past tha
Quote:
Originally Posted by frogpatch If the statutes are past that is your defense against the suit! Show up and make them prove that the statutes have not passed the expiration! It would go by the date when you last made a payment or in any other way acknowledged that the debt was valid! |
I guess Frogpatch is right! If you are sure that the SOL has expired, show up at court and if you can prove that the SOL has indeed expired, well! then you are out of it!! Good Luck!
Quote:Originally Posted by OVLG AttorneyThe Oregon statute of li
Quote:
Originally Posted by OVLG Attorney The Oregon statute of limitations for a written contract is 6 years from the time you are late according to the contract. However, even if the statute of limitations has expired you are still obligated to pay on the debt, the creditor/collection agency cannot use the court to force a remedy. |
Yes I go with the attorney,
Oregon state laws for Statutes of limitations for contracts & 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;
(2) An action upon a liability created by statute, other than a penalty or forfeiture, excepting those mentioned in ORS 12.110;