When can you bring an action in small claims court?

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When can you bring an action in small claims court?

I have a written agreement that a loan is to be repaid within 2 years. There are still 9 months left but the person has stopped paying for months. Do I have to wait until the 2 years are up or can I take them to small claims court now?

Asked on November 13, 2011 under Bankruptcy Law, Oregon

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the person who owes you money is supposed to make monthly payment to you and the monthly payments have stopped, you need to send a written demand letter to him or her with a payment date.

If the payment date comes and goes, then you can deem that a breach of the agreement has happened and can bring an action in small claims court if you desire.


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