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Trying to find Oregon laws on Account Stated and Affidavit of Debts


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Guest Happybluesky

Remember that customer agreement states Virginia and Federal law.

In Virginia, SOL for account stated is 2 years without written contract.

Oregon will borrow Virginia SOL.

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Open account just means there is no set number of payments, like a car loan has. It is defined under Regulation Z and no state court has the authority to rewrite federal law. At the same time, credit card accounts are considered written agreements in all 50 states. There is no such legal concept as an "unwritten contract." Contracts are in some form of writing. Verbal agreements are not, credit card companies do not use verbal agreements.

248 has no section 4. 246 does, it says three years. 249 section 4 covers asbestos poisoning. Come on, where do you get this stuff? No credit card company would move to a state that had a 2 year SOL.

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The Gregorich and Gelsey cases are out of Florida. They are not binding in Oregon.

The Capital One v. Fort case merely referenced a case (CACV of Colorado, LLC, v. Stevens) in which OR does allow for a choice of law in a cc agreement, but the court ruled that the SOL was based on DE's 3 year SOL.

It had nothing to do with an account stated and 2 years.

CACV OF COLORADO, LLC v. Stevens, 274 P. 3d 859 - Or: Court of Appeals 2012

Here, the credit card agreement specifies that it is governed by Delaware law.[5] Although the parties disagree over whether Delaware's or Oregon's limitation period ultimately applies to plaintiff's claim, they agree that Delaware's substantive law applies to the claim. Further, there does not appear to be any material conflict between Delaware's and Oregon's substantive law for purposes of this case. Therefore, Delaware's substantive law applies to plaintiff's claim,[6] and, accordingly, pursuant to ORS 12.430 and ORS 12.440, Delaware's limitation period—calculated using Delaware's three-year statute of limitation, Del. Code Ann. tit. 10, § 8106(a), and relevant tolling and accrual laws—applies to the claim.

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Guest Happybluesky

FL cases show how to interpret VA SOLs. Regardless of FL or OR, once state borrows VA law, the same SOLs apply.

If someone could find for us the OR trial court's order referred to in OR appellate order, that would be helpful.

Most likely the 3 year VA SOL was applied, as suggested by FL cases.

The FL cases yielded a 3 year SOL for breach of contract. It is obvious that the orders saw ambiguity in the type of contract. Obviously not a written contract. Orders evidently assumed unwritten contracts, with the 3 year SOL. But open accounts have a special accrual from last payment or purchase of goods or services - NOT the date of default; therefore, it could be argued that open accounts are not based on unwritten contracts either. That leaves the general 2 year SOL.

Also, whereas VA SOL for written contracts is 5 years, account stated with an underlying written contract is still only 3 years. That means that if dealing with a count of account stated, the worst case scenario is 3 years.

Edited by Happybluesky
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