Legal Question in Credit and Debt Law in Oregon

can i be sued for closed credit card if i'm making small payments?


Asked on 10/12/10, 8:28 pm

1 Answer from Attorneys

Justin Baxter Baxter & Baxter, LLP

In general, you are bound by the terms of the cardholder agreement. If the card issuer made an alternate payment agreement with you, they should be bound by that agreement. However, it is your burden to prove that the agreement for the small payments was mutual. In other words, you cannot unilaterally tell the card issuer you are going to pay $20 per month, unless they agree.

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. 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

1101 Broadway Street, Suite 213

Vancouver, Washington 98660

(360) 574-5239 (Telephone)

(360) 326-1613 (Facsimile)

http://www.baxterlaw.com

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Answered on 10/18/10, 8:20 am


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