Old court ordered class debt.

[RMccann]

What is the name of your state (only U.S. law)? Oregon - Josephine county.

Hello, I was recently served with a court summons for an old DUI deferment class that I completed in 2007.
I stopped making payments on it 2/2008 when I became unemployed and hit financial trouble and basically forgot about the debt.
Now I need to answer the summon because I cannot afford a judgement. the amount is $2,294. My question is; Can I use SOL as
A defense to this debt? It is now owned by a collection company and listed as a medical debt on my credit report with no payments
starting 2/2008. Thank you for your time and attention.

 

[single317dad]

The fact that the debt is held by a collection company leads me to believe that yes, the expiration of Oregon's 6-year statute of limitations is indeed a strong defense to the non-payment complaint. Just a few questions to clear things up a bit:

- When, exactly, was the lawsuit filed?

- While the collections agency/attorneys are the ones taking you to court, who is listed as the actual creditor?

- Who did you actually owe the money to? Was this money owed the court/probation department, or to a private company who ran a treatment center?

- Did some entity provide you with proof of completion of the course required for your deferral before you had actually paid?

 

[RMccann]

The fact that the debt is held by a collection company leads me to believe that yes, the expiration of Oregon's 6-year statute of limitations is indeed a strong defense to the non-payment complaint. Just a few questions to clear things up a bit:

- When, exactly, was the lawsuit filed?

- While the collections agency/attorneys are the ones taking you to court, who is listed as the actual creditor?

- Who did you actually owe the money to? Was this money owed the court/probation department, or to a private company who ran a treatment center?

- Did some entity provide you with proof of completion of the course required for your deferral before you had actually paid?

Thank you for your time and response single317dad.

- When, exactly, was the lawsuit filed?
I was served with a summons on 10/28

- While the collections agency/attorneys are the ones taking you to court, who is listed as the actual creditor?
The company that I attended the classes with is listed as the original creditor.

- Who did you actually owe the money to? Was this money owed the court/probation department, or to a private company who ran a treatment center? I owed the money to a private company that ran the treatment center.

- Did some entity provide you with proof of completion of the course required for your deferral before you had actually paid?
I'm not sure on this part. I do know I completed the classes, but do not remember getting any proof of completion.
I am assuming that the court got something from the company at one point saying I did complete.

 

[single317dad]

Thank you for your time and response single317dad.

- When, exactly, was the lawsuit filed?
I was served with a summons on 10/28

- While the collections agency/attorneys are the ones taking you to court, who is listed as the actual creditor?
The company that I attended the classes with is listed as the original creditor.

- Who did you actually owe the money to? Was this money owed the court/probation department, or to a private company who ran a treatment center? I owed the money to a private company that ran the treatment center.

Well, I can't tell you what to do (since I'm not your attorney), but if it were me, I would certainly raise Oregon's 6-year SoL as the defense in my answer to the complaint.

- Did some entity provide you with proof of completion of the course required for your deferral before you had actually paid?
I'm not sure on this part. I do know I completed the classes, but do not remember getting any proof of completion.
I am assuming that the court got something from the company at one point saying I did complete.

This part isn't really pertinent to the debt case. If the criminal case has been dismissed or your probation is discharged, it's not an issue. I'm not sure how your state or county handles these issues, but here if you haven't paid all your fees your probation or deferment won't complete and there will eventually be a warrant for your arrest.

 

[Zigner]

Folks, this is a "debt" on an on-going criminal case. I doubt the statute of limitations is an issue here.

 

[single317dad]

Folks, this is a "debt" on an on-going criminal case. I doubt the statute of limitations is an issue here.

That's what I was trying to discern with my questions. As far as I can tell, OP is being sued by a private company in civil court over a "medical debt". If the criminal court wanted to collect unpaid fines or fees, they'd presumably hold open the criminal case where they could assess much different penalties for nonpayment. Even then, I think 6 years (and an additional unknown amount of time) is an excessively long time to dispense justice for a DUI, and probably beyond statutory limitations somehow.

 

[RMccann]

Well, I can't tell you what to do (since I'm not your attorney), but if it were me, I would certainly raise Oregon's 6-year SoL as the defense in my answer to the complaint.



This part isn't really pertinent to the debt case. If the criminal case has been dismissed or your probation is discharged, it's not an issue. I'm not sure how your state or county handles these issues, but here if you haven't paid all your fees your probation or deferment won't complete and there will eventually be a warrant for your arrest.

Again, thank you for your time and input. It is very appreciated.

I can confirm that all criminal charges against me have been dropped/expunged from my record.