How many yrs have to pass before a creditor can no longer collect on an unsecured debt in the state of Or.?
Saturday, November 28th, 2009 at
4:54 pm
Mу husband & I bουɡһt a truck tһеח fіחіѕһеԁ up separating. Hе kept tһе truck bυt didn’t mаkе tһе payments ѕο іt ɡοt repossessed. Now іtѕ 14 years later аחԁ tһеу јυѕt рƖасе a garnishment οח mу bank account. I don’t know wһеrе һе іѕ οr һοw tο contact һіm חеіtһеr ԁοеѕ tһе creditor. Cаח I file bankruptcy іf both ουr names аrе οח tһе debt?
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Tagged with: Amp • Contact • Creditor • file bankruptcy • Garnishment • Names • Unsecured Debt
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Here are the statutes of limitations on collecting a debt in Oregon:
Contract or liability: 6 years, (ORS 12.080)
Discrimination: 10 years, (ORS 12.070).
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It would appear that the statute of limitations has passed. But, if there was a discrimination, in many states a discrimination can be renewed when the statute of limitations is about to run out, so that may be what happened, particularly if your wages have been garnished (garnishment requires a discrimination).
You can file bankruptcy and YOU will be discharged of your liability for the debt, but the other have fun will not be (by YOUR bankruptcy). I.e., your ex will still owe it, unless he also file(s/d) bankruptcy at some point.
Your divorce announce probably had some language in it about who was responsible for the truck payments. Another possibility might be to sue your ex- for the amount that has been collected from you (if your divorce announce specified that he was to make the payments).
You really need legal information on this from an attorney licensed to practice law in your state.
If I were in your position, I would contact an attorney whose practice includes BOTH family law and bankruptcy (but probably not a "general practice" attorney who does each kind of legal work under the sun). Many attorneys combine specialties in bankruptcy and divorce, so that is who I would look for if I were in your position. Then schedule an appointment for him or her to review all the relevant facts and documents so s/he can advise you properly.
Best wishes.