Simmonds & Narita, LLP

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Oregon Supreme Court holds that Account Stated is proper cause of action to recover unpaid credit card obligation and that Oregon’s 6-Year statute of limitations applies, not shorter limitations period of state where original creditor located

In a long-awaited decision, the Oregon Supreme Court agreed with Simmonds & Narita’s debt buyer client that account stated is a permissible cause of action to recover an unpaid credit card debt, rejecting the debtor’s argument that the only proper cause of action was for breach of contract.  In addition, the Court also held that Oregon’s six-year statute of limitations applied to the account stated claim, not the shorter statute of limitations of the state where the original creditor was located (Virginia).  As to the latter issue, the Court construed ORS 15.360 and clarified how Oregon’s choice-of-law principles apply when resolving competing limitation periods when the substantive law of the two states is the same. 



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