Statute of Limitations on Debt Collection in Oregon
At a glance
| Governing law | ORS 12.080(1) (6yr, contract or liability, express or implied, no written/oral split); ORS 12.070 (10yr, judgments and pre-Aug.-13-1965 sealed instruments); ORS 72.7250 (4yr, sale-of-goods contracts, carved out of 12.080); ORS 12.230/12.240 (revival); ORS 12.410-12.480 (Uniform Conflict of Laws-Limitations Act, borrowing); ORS 646.639 (Unlawful Debt Collection Practices Act, bars a debt collector or debt buyer from suing on a time-barred debt) |
|---|---|
| Written contract/debt deadline | Same 6 years as an oral debt: ORS 12.080(1) draws no distinction based on a signature at all, covering 'a contract or liability, express or implied.' The real carve-outs run the other way: a debt for the sale of goods gets only 4 years under Oregon's UCC enactment, § 72.7250 (and courts apply that shorter period even to an account-stated claim if the underlying transaction was a sale of goods), and a judgment or a sealed instrument executed before August 13, 1965 gets 10 years under § 12.070 |
| Oral contract/open account deadline | The same 6 years as written debt; Oregon draws no distinction at all based on whether the agreement was ever put in writing (§ 12.080(1)) |
| When the clock starts | Date of breach/default, with no discovery rule: Oregon courts have specifically held there is no discovery rule for an ordinary breach-of-contract claim under § 12.080(1) (Romero v. Amburn, 323 Or. App. 410 (2022)), even though a companion subsection covering injury to a property interest does carry a discovery rule (Rice v. Rabb, 354 Or. 721 (2014)). For a running account, § 12.090 starts the clock 'from the time of the last charge or payment proved in the account.' A sale-of-goods claim under § 72.7250 accrues at breach/tender of delivery regardless of the buyer's knowledge, with a narrow exception for a warranty explicitly extending to future performance |
| Can a payment or promise restart the clock? | Two separate tracks. A general acknowledgment or promise needs a signed writing to take a debt out of the statute (§ 12.230). But § 12.230 expressly carves out a second, broader route with no writing requirement at all: 'this section shall not alter the effect of any payment of principal or interest', and § 12.240 spells that route out, restarting the clock from the date of any payment of principal or interest made 'after it has become due,' on any contract, note, bond, or other evidence of indebtedness. Unlike California's cap on this kind of rule, Oregon's text has no language limiting it to a still-running (not-yet-expired) clock, and Oregon's own consumer-facing guidance treats even an old, apparently time-barred debt as revivable by a later payment |
| Special rule for consumer debt | None: the same 6-year period under § 12.080(1) applies to consumer and commercial debt alike; Oregon has no separate, shorter limitations period specifically for consumer-credit-transaction debt. (The Unlawful Debt Collection Practices Act's bar on suing after the deadline, covered below, is a collection-conduct rule tied to the existing period, not a different period.) |
| Out-of-state debt | Not a simple shorter-of comparison. Oregon adopted the Uniform Conflict of Laws-Limitations Act (§§ 12.410-12.480, 1987): if a claim is substantively based on another state's law, that state's limitations period applies instead of Oregon's (§ 12.430), including that state's own tolling and accrual rules (§ 12.440), but Oregon's own period applies instead if the other state's period is 'substantially different' from Oregon's and either does not give a fair opportunity to sue or imposes an unfair burden in defending against the claim (§ 12.450) |
| What expiration actually does | Ordinarily just an ordinary affirmative defense a debtor must plead (ORCP 19 B). But Oregon's Unlawful Debt Collection Practices Act goes further for a third-party debt collector or a debt buyer specifically: § 646.639(2)(r) and (4)(a) make it an unlawful collection practice for either one to file, or attempt to file, a legal action on a debt it knows or should know is barred by the statute of limitations: a real statutory suit-ban, though narrower than California's, since it does not reach an original creditor suing on its own debt directly |
Requirements one by one
Governing law
Oregon's contract-debt deadlines live in ORS Chapter 12 ("Limitations of Actions and Suits"), principally § 12.080(1), the general 6-year period for "a contract or liability, express or implied." Judgments and pre-1965 sealed instruments get a longer 10-year period under § 12.070, and a debt for the sale of goods is carved out into its own 4-year period under § 72.7250, part of Oregon's enactment of UCC Article 2. Revival is addressed separately in §§ 12.230 and 12.240, and out-of-state debt is addressed by Oregon's adoption of the Uniform Conflict of Laws-Limitations Act, §§ 12.410 to 12.480. Oregon's Unlawful Debt Collection Practices Act, ORS § 646.639, adds a real bar on suing over a debt once it's time-barred, but only for a third-party debt collector or a debt buyer.
How long you have on a written debt
Six years, the same as an oral debt. Section 12.080(1) covers "a contract or liability, express or implied," and draws no distinction at all based on whether the agreement was ever signed or put in writing. The real exceptions run in the other direction: a debt for the sale of goods gets only 4 years under § 72.7250, and Oregon courts have applied that shorter period even to an account-stated claim when the underlying transaction was a sale of goods, rather than the general 6-year period (Moorman Mfg. Co. v. Hall, 113 Or. App. 30 (1992)). A judgment or a sealed instrument entered into before August 13, 1965 gets a longer 10 years under § 12.070.
How long you have on an oral or unwritten debt
The same 6 years as written debt. Oregon simply doesn't draw the written-versus-oral line that many other states do; § 12.080(1)'s "express or implied" language reaches an oral promise the same way it reaches a signed one.
When the clock starts
The default rule is the date of breach or default, with no discovery rule. Oregon's Court of Appeals confirmed this directly in Romero v. Amburn (2022): even though a companion part of the same statute (covering injury to a property interest) does carry a discovery rule under the Oregon Supreme Court's Rice v. Rabb (2014) decision, an ordinary breach-of-contract claim under § 12.080(1) still accrues at breach, not at discovery. For a running account, § 12.090 sets a different trigger: the clock runs "from the time of the last charge or payment proved in the account." For a sale-of-goods claim, § 72.7250(2) starts the clock at the date of breach "regardless of the aggrieved party's lack of knowledge of the breach," except for a warranty that explicitly extends to the goods' future performance.
Can a payment or promise restart the clock?
Yes, through two separate routes. Section 12.230 requires a signed writing for a general "acknowledgment or promise" to take a case out of the statute, but that same section carves out a second, broader route: "this section shall not alter the effect of any payment of principal or interest." Section 12.240 spells that route out in full: "whenever any payment of principal or interest is made after it has become due, upon an existing contract, whether it is a bill of exchange, promissory note, bond, or other evidence of indebtedness, the limitation shall commence from the time the last payment was made." Unlike California's version of this rule, Oregon's text contains no cap limiting it to a still-running, not-yet-expired clock, and Oregon's own consumer-facing legal-aid guidance treats even an old, seemingly time-barred debt as something a later payment can revive. A Washington appellate court applying Oregon law, Umpqua Bank v. Gunzel (2021), likewise described a payment under this statute as capable of "reviving" the limitations period, though that case involved a payment made while the clock was still running rather than one made after the full period had already elapsed.
Is there a special rule for consumer debt?
No. The same 6-year period under § 12.080(1) applies whether the debt is a business contract or a personal credit card balance; Oregon has no separate, shorter limitations period specifically for consumer-credit-transaction debt.
What if the debt originated in another state?
Oregon doesn't use a simple "whichever period is shorter" rule. Since 1987, Oregon has applied the Uniform Conflict of Laws-Limitations Act (§§ 12.410 to 12.480): if a claim is substantively based on another state's law, that state's own limitations period applies instead of Oregon's, along with that state's own tolling and accrual rules (§§ 12.430, 12.440), but Oregon's own period applies instead if the other state's period turns out to be "substantially different" from Oregon's and either doesn't give a fair opportunity to sue or imposes an unfair burden defending against the claim (§ 12.450).
What actually happens once the deadline passes?
It depends who's suing. If the original creditor sues directly, expiration is just an ordinary affirmative defense under Oregon Rule of Civil Procedure 19 B, a debtor has to plead it or risk losing even on a genuinely time-barred debt. But if a third-party debt collector or a debt buyer is doing the collecting, Oregon's Unlawful Debt Collection Practices Act goes further: § 646.639(2)(r) and (4)(a) make it an unlawful practice for either one to file a legal action, or even attempt to, on a debt it knows or should know is barred by the statute of limitations. That statutory suit-ban doesn't reach an original creditor (including a bank) collecting on its own debt directly.
What trips people up
People often assume a signed contract automatically buys a longer deadline than an oral one, but Oregon draws no such line at all, both get 6 years. The bigger trap is on the payment side: unlike states that cap revival to a still-running clock, Oregon's payment-after-due rule has no such limit in its text, so a small "goodwill" payment on what looks like an old, dead debt can genuinely restart the clock. And the statutory suit-ban on time-barred debt only protects against a third-party debt collector or a debt buyer, it doesn't stop the original creditor from filing suit directly, though the debtor can still raise the expired deadline as a defense in that case.
Common questions
Does my credit card debt get a different deadline because it's a written agreement? No. Oregon's 6-year period applies the same way to written and oral contract debt, so a signed credit card agreement doesn't get more time than an informal oral promise to pay.
I made a small payment on an old debt I thought was too old to be sued on, did that restart the clock? Quite possibly. Oregon's payment-after-due rule (§ 12.240) restarts the limitations period from the date of that payment, and Oregon's own consumer guidance treats this as able to revive even an apparently time-barred debt.
Can a debt collector still sue me in Oregon after the 6-year deadline passes? If it's a third-party debt collector or a debt buyer, no, Oregon law makes it unlawful for either one to file suit, or attempt to, on a debt they know or should know is already time-barred. If it's the original creditor suing directly, nothing in Oregon law stops the filing itself, but you can raise the expired deadline as a defense.
Does moving to Oregon from a state with a shorter deadline help a creditor sue me here? Not automatically. Oregon doesn't use a simple shorter-of-two-periods rule; it applies whichever state's law substantively governs the claim, with an exception that can bring Oregon's own period back into play if the other state's period is substantially different and unfair to one side.
Statutes and sources
- ORS 12.080, "An action upon a contract or liability, express or implied, ... and except as otherwise provided in ORS 72.7250 ...; shall be commenced within six years.", https://www.oregonlegislature.gov/bills_laws/ors/ors012.html (accessed 2026-07-09)
- ORS 12.070, "An action upon a judgment or decree of any court of the United States, or of any state or territory within the United States; or ... a sealed instrument entered into before August 13, 1965, shall be commenced within 10 years.", https://www.oregonlegislature.gov/bills_laws/ors/ors012.html (accessed 2026-07-09)
- ORS 72.7250, "An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. ... A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach.", https://www.oregonlegislature.gov/bills_laws/ors/ors072.html (accessed 2026-07-09)
- ORS 12.090, "In an action to recover a balance due upon an account, the cause of action shall be deemed to have accrued from the time of the last charge or payment proved in the account.", https://www.oregonlegislature.gov/bills_laws/ors/ors012.html (accessed 2026-07-09)
- ORS 12.230, "No acknowledgment or promise shall be sufficient evidence of a new or continuing contract ... unless the same is contained in some writing, signed by the party to be charged thereby; but this section shall not alter the effect of any payment of principal or interest.", https://www.oregonlegislature.gov/bills_laws/ors/ors012.html (accessed 2026-07-09)
- ORS 12.240, "Whenever any payment of principal or interest is made after it has become due, upon an existing contract, ... the limitation shall commence from the time the last payment was made.", https://www.oregonlegislature.gov/bills_laws/ors/ors012.html (accessed 2026-07-09)
- ORS 12.430, "Except as provided by ORS 12.450, if a claim is substantively based: (a) Upon the law of one other state, the limitation period of that state applies ...", https://www.oregonlegislature.gov/bills_laws/ors/ors012.html (accessed 2026-07-09)
- ORS 12.450, "If the court determines that the limitation period of another state applicable under ORS 12.430 and 12.440 is substantially different from the limitation period of this state and has not afforded a fair opportunity to sue upon, or imposes an unfair burden in defending against the claim, the limitation period of this state applies.", https://www.oregonlegislature.gov/bills_laws/ors/ors012.html (accessed 2026-07-09)
- ORS 646.639, "(2)(r) Files a legal action to collect or files a legal action to attempt to collect a debt if the debt collector knows, or after exercising reasonable diligence would know, that an applicable statute of limitations bars the collection or the collection attempt. ... (4)(a) [same bar for a debt buyer]", https://www.oregonlegislature.gov/bills_laws/ors/ors646.html (accessed 2026-07-09)
Source links
Every statute quoted above, linked, with the date we checked it.
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