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Statute of limitations and lawsuit

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Laurie
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Subject: Statute of limitations and lawsuit
 
Posted on Thu Aug 12, 2010 4:53 am  

I just received a lawsuit notice yesterday from a CA for a charged off credit card. The original amount is $5000.

Date of first delinquency is 10/2005. The SOL in Oregon is 6 yrs but luckily we've moved to WA where its 3 yrs. The notice was sent to our old OR address which automatically got forwarded to our new WA address. The lawsuit does not talk of it as an open account and it
uses Breach of Contract and Written Contract language and the SOL in both OR and WA is 6 yrs. Is that normal ?

I am not in a position to pay anything on this account. How should I go about addressing this? Should I tell OR court I am not under their jurisdiction since I live in WA since before the lawsuit was filed and ask them to refile a lawsuit in WA? Should I get a lawyer to represent me or should I attempt a DIY.

All advice will be greatly appreciated.
Aaron

Aaron

Joined: 08 Feb 2010
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Posts: 2632



48565 Magic Points

Subject: Statute of Limitations
 
Posted on Thu Aug 12, 2010 6:55 am  

Hi Laurie,

Quote:
The SOL in Oregon is 6 yrs but luckily we've moved to WA where its 3 yrs.
The Statute of limitations (SOL) on this debt will apply according to Oregon. You had been living in Oregon and the account was opened there. Thus, Oregon laws will apply even if you have moved over to Washington.

Quote:
The lawsuit does not talk of it as an open account and it uses Breach of Contract and Written Contract language and the SOL in both OR and WA is 6 yrs. Is that normal?
The SOL in Oregon for all kinds of account is 6 years, and in Washington the SOL for written contracts is 6 years. Moreover by going delinquent on your account you have committed a breach of contract. Thus, yes what the paperwork mentions is true.

You owe this debt, and thus you will have to agree to the complaints. For answering to the summons you can get help from an attorney (free advise), or request the court clerk to help you in filing the answer. It is better to get a lawyer in this case.

Quote:
I live in WA since before the lawsuit was filed and ask them to refile a lawsuit in WA?
I am not sure if you can do this. Consult an attorney.

Thanks,

Aaron
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overseas
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Subject: charge off
 
Posted on Fri Aug 13, 2010 9:20 am  

How long does a charge off stay on a credit report
Aaron

Aaron

Joined: 08 Feb 2010
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Posts: 2632



48565 Magic Points

Subject: charge off
 
Posted on Fri Aug 13, 2010 10:03 am  

Hi overseas,

A charge-off will stay on your credit report for 7 years from the date of entry on your credit report. However, you can try removing this by negotiating with your creditor a "Pay for delete" agreement before making the payments to him. This can be done only if the creditor agrees to pull back the account from collections. Whether or not the creditor can pull back the account depends on if it has been sold.

Thanks,

Aaron
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