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Oregon SOL - old debt, harrassment (BANKRUPTCY & CONSUMER CREDIT)

Wed, 12 Jun 2002 00:07:00 GMT

What is the name of your state? Oregon
I have been receiving telephone calls from a collection agency in Oregon.
First: I have requested that they send me a written statement reflecting the debt that they claim I owe, listing each item. They tell me that they can tell me the amounts over the phone - I've yet to see anything in writing. They called again and told me this yesturday. They again called today, I told them that I wanted to see a detail accounting before I decided anything. They again said they could provide the amounts over the phone, after argueing with the guy, I finally hung up on him.
Second: There are three debts. The first one (most recent), I agree with. The second one (1998), I have told them is not correct - there is no way I could owe that debt. The third one is for a medical bill from 1989.
Third: I called the company (my dentist) about the first two debts. I agree that I owe the most recent one. The dentist also agreed with me that I DID NOT owe the second debt (from 1998). The dentist said they would call the Collection AGency in the morning to report the error on the owed amount for 1998.
Fourth: The third amount from 1989 is from a medical procedure in 1989. I don't agree that it is still unpaid, but after 13 years, I don't have any proof that it was paid. Is this past the statute of limitations? I mentioned this to the Collection Agency and he said he didn't know if there was a statute of limitations - but he has not backed down from saying that I owe this.
My question - what should I do? I have a call into an attorney (I have pre-paid legal). Should I have them write a letter on my behalf stating the Statute of Limitation and to stop harrassing me?
Thanks so much**LAnderson

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  • Wed, 12 Jun 2002 05:58:00 GMT(1)
  • First, don't argue with these scumballs over the phone, just get a company name, contact name, address, and phone number and hang up. Send them a letter requesting validation of the debts, send it Certified, Return Reciept Requested. By law they must stop collection action and provide proof (a history list of payments is NOT enough) that you in fact owe the debts, and they must respond in 30 days.
    Second, the Statute Of Limitations in OR is SIX years, so Yes, the 1989 debt is way out of statute. Send them a Cease and Desist letter on this one, again Certified RRR, and demand that they not contact you about this debt any more because the SOL has run out. IF they try and sue, you would go to court and cite the SOL as your defense and they'll lose.
    Your attorney can do all this, but so can you. You can find sample letters at [url]www.creditinfocenter.com. There is also a really good section there on debt validation and how it works.
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