Articles from Oregon Bankruptcy Lawyer | Portland, Salem, and Vancouver, Wa

Fair Debt Buyers Practices Act Passes California Assembly so What About Oregon and Washington?

The California Assembly recently passed legislation creating significant new consumer protections against unfair debt collection practices.

Judgement Debtor Examinations in Washington and Oregon

After a collector obtains a judgement against you, the collector can obtain an order that requires you to appear in court to answer questions about your income and assets in order to determine whether there a. Note: If you file bankruptcy prior to the date of the judgement debtor exam, you will not need to appear at all. If you are not filing bankruptcy prior to the judgement debtor exam, there are three things to remember:

New Better Business Bureau A+ Rating for Our Bankruptcy and FDCPA Law Firm!

Never got one of these on a report card so I am extremely pleased to report that our law firm has obtained an ‘A+’ rating from the Better Business Bureau for our Bankruptcy and Fair Debt Collection Practices Act work.

Avoid Short Term Loans

As victims across both Oregon and Washington can tell you, there are many forms of short term predatory lending. The defining characteristic is that in each instance a lender takes unfair advantage of a consumer’s financial situation by charging ridiculous interest rates and other unconscionable fees and charges.

Dealing with Identity Theft in Washington or Oregon

Identity theft is an ever-growing issue in both Oregon and Washington, causing problmes with debt collectors and on credit reports. The criminals stealing your identity often open credit cards in your name and rack up massive charges, torching your credit score and barring your from making much needed future purchases . Bad credit scores can effect your ability to obtain insurance at a reasonable rate, oInsurance companies use lower credit scores to justify higher rates. You may even be denied employment or fired from your job because of false information in your credit history.

Under both the

Under both the Fair Debt Collection Practices Act as well as the state consumer laws of Washington and Oregon, a collector may contact certain 3rd parties in connection with a consumer’s debt. A collector may contact a consumer’s attorney, the original creditor and its employees and legal counsel, the consumer’s spouse or guardian, a co-debtor and the consumer’s parent if the debtor happens to be a minor.

Collector is Contacting Me But I Hired An Attorney

Under the Fair Debt Collection Practices Act, a debt collector is specifically barred from contacting a consumer where the debt collector knows that the consumer is represented by an attorney with respect to the debt and can reasonably ascertain the attorney’s contact information unless the attorney fails to respond within a reasonable period of time to the collector. While the FDCPA is not clear as to what constitutes a reasonable period of time, at least one court rejected the argument that an attorney had to respond within fourteen days.

Consumer Debts Covered Under the Fair Debt Collection Practices Act

Courts have largely rejected a restrictive definition of the term debt allowing coverage of a broad spectrum of “consumer debts” beyond what you might normally expect including such diverse obligation as rent, student loans, utility and insurance bills,condo and attorney fees, judgements, debts already discharged in bankruptcy, car rental agreements and even campground memberships.

Consumer and Business Debts and the FDCPA

Not all debts are covered by the Fair Debt Collection Practices Act. Consumer debts are the only debts that fall within the ambit of the Act. Though a collector may violate Washington or Oregon state collections laws by engaging in collections activity that would normally violate the FDCPA, if the debt itself is commercial rather than consumer, there is no violation of the Fair Debt Collection Practices Act.

When and Where Can a Collector Contact Me?

The Fair Debt Collection Practices Act limits the places and times for a collector to contact an Oregon or Washington consumer. The Act also severely limits third-party contacts and bars a collector from contacting a consumer represented by counsel.

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