Legal Question in Credit and Debt Law in Oregon
I have been served a notice for small claims due to a debt of $800 from a collection agency, I have in the past tried to see if I could make payment of $100 on the debt and have been told that they would only accept half of what I owe and the rest of it the next month. Do i have any legal recourse? I have informed them that I am not working due to long term medical and I am willing to pay $200 a month to get this taken care of and they still want half, now with filing cost, the debt has increased to $1009.
1 Answer from Attorneys
In Oregon (like most states), you are bound primarily by terms he cardholder agreement. Thus, the credit card company has no obligation to accept anything less than the minimum monthly payment. If the account is already in default, the agreement probably provides for acceleration, which means you are immediately responsible for the full balance, along with any charges and interest.
If the credit card company will accept less, then you should document that. Either have them put it in writing, or send them your own letter. Keep good records so that you can prove an agreement if you need to do so in the future.
If you are being contacted by a collection agency, its conduct is regulated by the federal Fair Debt Collection Practices Act. The credit card company is regulated by a similar law in Oregon called the Unlawful Debt Collection Practices Act.
Most people will choose not to file bankruptcy over $1000. However, if your total debt picture, including medical bills and other debts, is such that you cannot reasonably expect to pay your debts, bankruptcy may be a good option to consider.
Justin M. Baxter
Baxter & Baxter, LLP
8835 SW Canyon Lane, Suite 130
Portland, Oregon 97225
(503) 297-9031 (Telephone)
(503) 291-9172 (Facsimile)
Baxter & Baxter, LLP
5635 NE Elam Young Parkway, Suite 300
Hillsboro, Oregon 97124, USA
(503) 681-9752 (Telephone)
(503) 291-9172 (Facsimile)
Baxter & Baxter, LLP
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Vancouver, Washington 98660
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