2017 ORS 12.240¹
Effect of payment after obligation becomes due

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.

Notes of Decisions

Part pay­ment on an account after accrual of last liability had the effect of tolling the statute of limita­tions. Northwest Foundry & Furnace Co. v. Willamette Mfg. & Supply Co., 268 Or 343, 521 P2d 545 (1974)

Last pay­ment acts to commence running of limita­tion period only if made prior to time limita­tion period has completely run. Culver v. Andres, 26 Or App 809, 554 P2d 541 (1976)

Recipient’s applica­tion of pay­ment to different purpose does not change nature of pay­ment “made” on contract. Keppinger v. Hanson Crushing, Inc., 161 Or App 424, 983 P2d 1084 (1999)

Chapter 12

Notes of Decisions

An ac­tion for per­sonal injuries caused by breach of implied warranty is clearly one for which “different limita­tion is prescribed by statute” under ORS 12.010 (Time of commencing actions) and thus is not governed by pro­vi­sions of this chapter. Redfield v. Mead, Johnson & Co., 266 Or 273, 512 P2d 776 (1973)

1 Legislative Counsel Committee, CHAPTER 12—Limitations of Actions and Suits, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors012.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 12, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano012.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.