When can you bring an action in small claims court?

UPDATED: Nov 13, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

When can you bring an action in small claims court?

I have a written agreement that a loan is to be repaid within 2 years. There are still 9 months left but the person has stopped paying for months. Do I have to wait until the 2 years are up or can I take them to small claims court now?

Asked on November 13, 2011 under Bankruptcy Law, Oregon


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If the person who owes you money is supposed to make monthly payment to you and the monthly payments have stopped, you need to send a written demand letter to him or her with a payment date.

If the payment date comes and goes, then you can deem that a breach of the agreement has happened and can bring an action in small claims court if you desire.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption