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Thoreau (T-USA)
Thoreau (T-USA), Attorney
Category: Consumer Protection Law
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Does California Statute of Limitations preside over Oregon

Customer Question

Does California Statute of Limitations preside over Oregon for collection of a debt?
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  Thoreau (T-USA) replied 2 years ago.
Thank you for the opportunity to answer your question. I am sending this answer to you only a few minutes after you submitted your question.
Each state has its own statutes of limitations. You didn't specify the kind of debt. However, with a credit card debt (to use an example), the statute of limitations in Oregon is 6 years, while it's 4 years in California. In Oregon, the same statute of limitations applies for debts pursuant to contract, and the statute of limitations for those is 6 years as well.
Customer: replied 2 years ago.
I need to clarify. Last payment date on open ended citibank card was Sept 2006. Opened account while living in California, breached account by failure to pay while living in California. Moved to Oregon July 2010. I know SOL in CA is 4 years and in Oregon 6 years. Can debt collection sue based on current residency?
Expert:  Thoreau (T-USA) replied 2 years ago.
Thank you for your message. When an individual breaches in one state and then relocates to another state, the statute of limitations of the state in which the breach occurred would apply, even though the individual moved to a different state at a later date.
Customer: replied 2 years ago.

Can you provide legal reference? I really dont want to get sued if I play the SOL card and state that the 4 year Statute in California has expired, knowing that the Oregon six year statute is in effect until Sept 2012. Is this an interstate ruling or does it fall under the Fair Debt Collection Practice Act (I couldnt find it there).

Expert:  Thoreau (T-USA) replied 2 years ago.
While that is the status of the law, case law would govern that matter and extensive case law research is beyond the scope of this forum due to the monetary and time costs related to case law research. It's not reasonably possible to provide extensive case law research for the values of questions in this forum.
I would offer some additional information, however. A card holder should always check the agreement with the credit card company, as some agreements will specify a choice of law specifying the state in which disputes must be litigated.
Thoreau (T-USA), Attorney
Satisfied Customers: 9176
Experience: Attorney
Thoreau (T-USA) and 9 other Consumer Protection Law Specialists are ready to help you
Customer: replied 2 years ago.
For final confirmation, you are 100% that I cannot be sued due to California Statue of Limitation expiration in 2010?
Expert:  Thoreau (T-USA) replied 2 years ago.
Sir or Ma'am,

I have explained the law as it is. However, I am going to open up the question for other's to respond. Perhaps someone else will be able to perform case law research for you, though it's generally beyond the scope of what can reasonably be provided here. It's important to understand that this forum isn't a place to find legal advice and that you shouldn't base your legal decisions on information you receive here. For that, you would want to retain your own personal attorney. To quote the disclaimer on this page a listed throughout the site:
"You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe."

I'm going to opt
Customer: replied 2 years ago.

ok I understand.

Expert:  Law Educator, Esq. replied 2 years ago.
Your previous expert has opted out, but was correct about case law research and his comment that the statute of limitations used would be the statute of limitations of the state you reside in at the time of the breach action. HOWEVER, I would like to add that many of these credit card agreements have choice of law provisions in them for states like DE or VA or SD and if there is such a choice of law provision in your agreement, then it does not matter what state you live in, the statute of limitations in the choice of law state would be the one that is used.


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