# Oregon Statutes of Limitations — Debt Claims and Defenses

> **NOT LEGAL ADVICE.** Verify against current ORS before
> relying.

## SOL on the underlying debt (defenses)

### ORS 12.080(1) — 6 years for written contracts

The 6-year statute of limitations applies to:

- Written contracts
- Open accounts (credit cards typically fall here)
- Liability created by statute (most ORS-based claims)

ORS 12.080(2) catches:

> An action upon a liability created by statute, other than a
> penalty or forfeiture, except where a different limitation
> is prescribed by statute.

The 6-year clock starts on the **last activity** in most
cases — last payment or charge. For an open credit-card
account, the SOL typically runs 6 years from the date of
last payment by the cardholder.

### ORS 12.230 — Tolling and revival

The SOL on a debt can be revived only by:

- **A new written promise to pay** (not just a payment)
- An acknowledgment of the debt in writing, signed by the
  debtor

A simple partial payment alone is **NOT** sufficient to revive
the SOL under Oregon law. This contrasts with some other
states (and federal practice in some contexts).

Implications for debt-buyer cases:

- Plaintiff may allege a recent partial payment "restarted"
  the SOL — defense: under ORS 12.230, only a written promise
  revives
- Plaintiff may produce a signed promise to pay (made under
  collection pressure) — defense: examine the document for
  unequivocal language

### ORS 12.110(1) — 2 years for torts

The 2-year SOL applies to:

- Personal injury (general)
- Other torts not otherwise classified

For fraud-based defenses or claims:

- ORS 12.110(1) provides 2 years from discovery
- 10-year repose maximum

### ORS 12.220 — Saving statutes / refiling

If an action is dismissed without prejudice, refiling may be
allowed within 60 days of dismissal under ORS 12.220, even if
the SOL has expired. Practical: plaintiffs sometimes voluntarily
dismiss without prejudice and try to refile if the SOL is
close to running.

## SOL on consumer-protection counterclaims

### Oregon UTPA — ORS 646.638(6)

- **1 year** from discovery of the unlawful trade practice
- **6-year repose** from the date of the violation

The discovery rule is interpreted liberally in Oregon (see
*Pearson v. Philip Morris*). The clock generally starts when
the consumer has knowledge of the facts giving rise to the
claim.

### FDCPA — 15 USC § 1692k(d)

- **1 year** from the violation

The Supreme Court in *Rotkiske v. Klemm*, 589 US ___ (2019),
clarified that § 1692k(d) is a discovery-independent 1-year
statute (no discovery rule), subject to equitable tolling.

For debt-defense counterclaims, the relevant violation date is
often the date the plaintiff filed the underlying suit (if
the suit itself is the FDCPA violation, e.g., suit on
time-barred debt). File the counterclaim within 1 year of
filing.

### Reg F — same as FDCPA

Reg F violations are FDCPA violations for limitations purposes.

### FCRA — 15 USC § 1681p

- 2 years from discovery
- 5-year repose

### TILA — 15 USC § 1640(e)

- 1 year from violation
- 3-year rescission for non-purchase-money mortgages
  (§ 1635(f))

### ORS 697 (Collection Agency) — ORS 12.080(2)

Likely the general 6-year statutory liability SOL under ORS
12.080(2). The legislature has not specified a separate SOL
for ORS 697.085 actions; the catch-all 6-year applies.

## SOL on real-property and other claims

### Real property — ORS 12.040

- 10 years for actions to recover real property or its
  possession

### Judgment renewal — ORS 18.182

- Judgment lives 10 years from entry
- Renewable once for another 10 years
- After 20 years (with renewal), the judgment expires

### Securities — ORS 12.085

- Various periods; see statute

## Common SOL analysis errors

| Error | Consequence |
|-------|-------------|
| Computing 6 years from date of charge-off rather than last activity | May understate SOL; miss the 6-year defense |
| Treating partial payment as revival (it's not under ORS 12.230) | False positive on plaintiff's argument |
| Missing the 1-year FDCPA SOL on counterclaims | Counterclaim time-barred |
| Confusing ORS 12.080 (statutory liability) with ORS 12.140 (1-year SOLs) | Wrong claim category |
| Forgetting equitable tolling for FDCPA | Lose available time |
| Missing 6-year UTPA repose for old conduct | UTPA claim time-barred |

## SOL chart — quick reference

| Claim type | SOL | Authority |
|------------|-----|-----------|
| Written contract / open account | 6 years | ORS 12.080(1) |
| Credit card debt | 6 years | ORS 12.080(1) or (2) |
| Statutory liability (UTPA, ORS 697) | 6 years repose | ORS 12.080(2) |
| Personal injury | 2 years | ORS 12.110 |
| Fraud | 2 years from discovery; 10-year repose | ORS 12.110(1) |
| Real property | 10 years | ORS 12.040 |
| Judgment | 10 years, renewable | ORS 18.182 |
| Oregon UTPA action | 1 year discovery / 6-year repose | ORS 646.638(6) |
| FDCPA action | 1 year from violation | 15 USC § 1692k(d) |
| FCRA action | 2 years from discovery; 5-year repose | 15 USC § 1681p |
| TILA action | 1 year from violation | 15 USC § 1640(e) |
| ORS 697.085 action | 6 years (statutory liability) | ORS 12.080(2) |

## Calculating SOL — example

**Account**: BofA credit card, account number ending 4567.
**Last activity**: payment of $50 on **March 15, 2019**.
**Charge-off**: by BofA on **August 1, 2019**.
**Sold to debt buyer**: **February 14, 2024**.
**Filed suit**: **May 1, 2025**.

ORS 12.080 6-year analysis:

- 6-year clock starts on last activity = March 15, 2019
- SOL expires March 15, 2025
- Suit filed May 1, 2025 → **47 days past SOL**
- **SOL defense available**

Counterclaim analysis:

- FDCPA § 1692e(5) (suit on time-barred debt) — clock starts
  when the violation occurs = suit filing date May 1, 2025
- Counterclaim must be filed within 1 year of May 1, 2025 =
  May 1, 2026
- UTPA — 1 year from discovery; defendant discovered the
  violation when served (May 1, 2025) → 1 year to file
- Reg F § 1006.26(b) — within 1 year of violation

Strategy: assert SOL defense in the answer; plead FDCPA / UTPA
/ Reg F counterclaims in the same answer (within ORCP 22
compulsory-counterclaim window).

## ORS 12.220 — Saving statute analysis

If the defendant moves to dismiss for SOL and the plaintiff
voluntarily dismisses without prejudice in response, the
plaintiff may invoke ORS 12.220 to refile within 60 days.

Counter-strategy: oppose the voluntary dismissal under ORCP
54 A; argue that the plaintiff is using dismissal to evade
SOL, and the court should impose conditions.

## Cross-references

- `or-consumer-debt` SKILL — main bundle
- `references/fact-patterns.md` — applying SOL across fact
  patterns
- `or-deadlines` SKILL — general deadline reference
- `or-law-references/references/or-ors-debt/ORS-12.md`
  (when populated) — verbatim ORS 12 text
- `or-law-references/references/online-sources.md` —
  current ORS URL