Legal Question in Credit and Debt Law in Oregon
can i be sued for closed credit card if i'm making small payments?
1 Answer from Attorneys
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
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