Legal Question in Credit and Debt Law in California

Statute of limitation on a note signed in Oregon

In July 1999 I signed a promissory note in Oregon. There have been no payments to the note for various reasons. In Dec 2000 I moved to California and became a permanant resident. The statute of limitations is 6 years in Oregon and 4 years in California. I am now being sued in Oregon, but I live in California. Which statute of limitations applies? Where I signed the note or where I live? The Statute for Oregon runs out in July and the statute in California has run out. If they don't serve me do I beat the statute in Oregon. Because I live and reside in California and have not moved back to Oregon, can I exert the defense that the statute has run if I get served. I have not been served but there is a chance if I visit relatives in Oregon, they can serve me if they can find me. Please let me know where I stand. I am not a deadbeat and did not pay the note for very good reasons. I would prefer to let the note die than to go to Oregon and fight it. I do have a very good countersuit but prefer for it to just go away....Thank you very much


Asked on 4/04/05, 1:41 pm

1 Answer from Attorneys
Scott Jarvis Jarvis & Associates

Re: Statute of limitation on a note signed in Oregon

Often these jurisdictional issues are resolved in the contracts themselves. If there is aconflict in the state's law look to your contract. If your contract does not answer the question my firm will need to get additional information from you to further assist you.

Scott Jarvis

Attorney at Law

(562) 597-7070

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Answered on 4/05/05, 2:34 pm


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