Legal Question in Credit and Debt Law in Oregon
Collection or Law Agency Threatning to Sue Me
Hi,
I am being threated to be sued by a collection or law firm regarding a past debt. I purchased a computer, when it came it was totally different than what the salesman offered. Paying for 6 months I tried to fix the problem, even tried to return the computer, they computer company would not take it back, so I stopped payment. Now after 2 years I have a collection or law firm threatning to sue me, they have bought the debt or claim from someone else. I rather face the computer company, but they financed me through a 2nd party loan. What can I do? The law office called me threatning to sue, but I have not recieved anything in writing. They told me they would settle out at 1/3 the debt, if not then they will sue me. Thank you for your help.
1 Answer from Attorneys
Re: Collection or Law Agency Threatning to Sue Me
You should probably settle for 1/3 of the debt if you think that is fair or make a counter offer. Under the Oregon Unlawful Trade Practices Act it is a violation to represent that goods are of a particular standard or quatlity if they are not. [ORS 646.608(g)]. When the computer store sold you a product representing that it was something it was not they violated the UTPA. When the debt colletor or law firm attempts to collect the debt they take it subject to all claims and defenses you could bring against the assignor (the computer store). If legal action is brought to enforce the debt you will raise your UTPA counter claims along with breach of contract. If you believe that the 1/3 offer plus what you have already paid is a fair price for what you got then settle. If not offer what you think is the fair market value of what you got. If that is zero so be it. If you have not already I would write to this law firm or debt collector and make sure they are aware of your dispute with the original merchant and indicate that in the event of legal action specify what your counter claims will be.