What are the Statutes of Limitations, in OR. and WA. regarding the age of a debt that Collection Agencies can attemt to collect?Thank you, ****
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What are the Statutes of Limitations, in OR. and WA. regarding the age of a debt that Collection Agencies can attemt to collect?Thank you, ****
I have two Collection Agencies calling me with 4 to 6 year old debt that has been written off on my Credit Report. I also have a collection Agency attemting to collect a debt that was never mine.
Asked on May 17, 2009 under Bankruptcy Law, Oregon
Answers:
J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
The SOL for written contracts is 6-7 years. The SOL does not being to run untill the date of the default (i.e. your failure to pay). If there is a lawsuit filed within that time, the SOL is a non-issue. Based on the circumstances, you should have a lawyer get involved to determine if the debt is valid and if there are any ways to settle or get the creditor to go away. You should not keep avoiding this as it could become a real problem (i.e. the agency courld file suit and get a judgment without you knowing and take money from your bank account or lien your home). Is there a lawsuit pending? In any event, you should try calling the agencies and explain why one of the debts is not yours. get all the facts and see what you can do to negotiate. If you do negotiate a deal, be awar that the agreement could affect your credit in the future. This is why is suggest calling a lawyer to discuss and have them talk to the agency to resolve it. In most cases, the original creditor has sold the debt to another company and they are monitoring the SOL, so it is likely that the SOL has not run as the agency would be in LOTS of trouble with their client. This is why is suggest you call a lawyer.
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