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Statute of Limitations

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L

Lora

Guest
Hello again,

One more question... In regards to my brother's buy/sell store in Oregon, what is the statute of limitations on collecting on a past debt..?

For example, a guy walks into the store with some items to sell. The items are purchased, and placed on police hold. (I believe they have to stay there 20 days so the police have time to check if they are stolen or not.) During those 20 days, the sheriff comes in, picks up 50% of the merchandise, and the store is out the money.

He leaves a copy of the stolen goods report for our records, and with that, we can get judgement on the seller and get restitution or go to small claims court if he doesn't pay it.

For a long time, my brother did not have enough time to follow through and get judgments on many of the items that were picked up by the police... We are trying to help hime get caught up on everything and we are wondering about the statute of limitations on these debts. Is anyone here familiar with Oregon law? (Clackamas county) We are truying to figure out which are too old to even bother with...

Another example is for a bounced check... My brother sold a car he bought through the store at a local auction. The car sold and the auction house paid him with a check...that bounced. Is there a statute of limitations on something like this? (it's now a year and a half old) If it is still a viable debt, would we just go about getting a judgment on the auction house, or is there another route we would take..??

Any help would be Greatly appreciated!! Thanks for taking the time to read this...


All my best,

Lora
 


I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Lora:
Hello again,

One more question... In regards to my brother's buy/sell store in Oregon, what is the statute of limitations on collecting on a past debt..?

For example, a guy walks into the store with some items to sell. The items are purchased, and placed on police hold. (I believe they have to stay there 20 days so the police have time to check if they are stolen or not.) During those 20 days, the sheriff comes in, picks up 50% of the merchandise, and the store is out the money.

He leaves a copy of the stolen goods report for our records, and with that, we can get judgement on the seller and get restitution or go to small claims court if he doesn't pay it.

For a long time, my brother did not have enough time to follow through and get judgments on many of the items that were picked up by the police... We are trying to help hime get caught up on everything and we are wondering about the statute of limitations on these debts. Is anyone here familiar with Oregon law? (Clackamas county) We are truying to figure out which are too old to even bother with...

Another example is for a bounced check... My brother sold a car he bought through the store at a local auction. The car sold and the auction house paid him with a check...that bounced. Is there a statute of limitations on something like this? (it's now a year and a half old) If it is still a viable debt, would we just go about getting a judgment on the auction house, or is there another route we would take..??

Any help would be Greatly appreciated!! Thanks for taking the time to read this...


All my best,

Lora
<HR></BLOCKQUOTE>


My response:

The statutes of limitations for both oral and written agreements in Oregon is 6 years for each type.

That's a lot more liberal than California, which is 2 years (Oral) and 4 years (Written).

In your first scenario, it's doubtful you'll be able to get a "walk-in" criminal to pay a judgment. But, you've got to at least try.

In your second scenario, you go after the person who signed the check, along with the name of the company at the upper left corner of the check.

Hope this helps, and go get 'em !!

IAAL


------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."



[This message has been edited by I AM ALWAYS LIABLE (edited June 03, 2000).]
 
L

Lora

Guest
Hi again IAAL,

Thanks so much for your reply. I really appreciate it! Being the S. of L. is 6 years, it looks like we will be able to go after all of them.

We've retrieved the current addresses from the DMV of some of the most recent sellers who sold us stolen merchandise, so now we will go farther back.

We may not be able to get anything from some/most of them, but it's worth a shot. :) My brother and the sheriff are on very good terms, and he told my brother that if the judgments are not paid, then we can still take action against them where, with a sheriff, we can execute some sort of legal action (after a small claims court, I think) where we can confiscate their personal property, sell it, keep as much as will pay off the judgment and hand the rest back to them...

I'm unclear on that as I heard it second hand, but here is hoping we can just recoup the losses w/o having to take anything further!

On the bounced check, my brother made a few attempts to collect in the past year and a half, and we have made one, so now I guess we go to court... :-( Too bad, but the amount is worth it.

Anyway, thanks again for your help! It was very much appreciated! I wish you good luck and success in all you do!


All my best,

Lora
 

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