Oregon Debt Collection Laws

In America today, over half of the population has some form of debt. Because of the high frequency of debt, new, innovative, and sometimes unfair methods for collection are created by creditors. In order to maintain fair processes for debt collection, settlements, lawsuits and harassment, the federal government designed The Fair Debt Collection Practices Act and the Fair Credit Reporting Act. These acts protect all debtors, individuals, or businesses from any collectors. Many states have created addition related laws.

Debt Collection in Oregon

Debt laws in Oregon are organized by the Oregon Fair Debt Collection Practices Act. This act is nearly the same as the Federal Fair Debt Collection Practices Act, and is designed for all the same purposes of hindering debt collectors from improper collection practices and harassment. Oregon law also includes the same wage protection of at least 75%. The maximum interest rate on loans in Oregon is 9%, and any rate of 12% or more on loans under $50,000 is considered violation of Oregon usury law.

Oregon Statute of Limitations

A statute of limitations outlines the range of time charges can be raised for a given law violation. The statute of limitations for debts starts on the date of the first missed payment, not the final completed payment. These laws apply to all contracts arranged in Oregon, even if one party changes residence. The limits in Oregon are:

  • 6 years: Oral Agreements
  • 6 years: Open Accounts (credit cards)
  • 6 years: Written Contracts
  • 6 years: Promissory Notes
  • 1 year: Cases involving injury

Collections Practices and Rules for Oregon

In Oregon, there is an additional option for wage protection, differing from the federal regulation, of 40 times the current federal minimum wage. However, in general, it is acceptable to follow the federal regulations of The Fair Debt Collection Practices Act without violating Oregon law. These regulations stipulate numerous legal and illegal actions throughout the debt collection process. One major difference in Oregon law is an increased maximum violation fee to $25,000 per violation, from the federal $1,000 limit.

Legal

  • Collecting debt after a violation to any regulations of the Fair Debt Collection Practices Act
  • Calling a debtor at their place of employment, but only after an unsuccessful attempt to contact them at their home between 6:00PM and 9:00PM
  • Sending discreet letters to a debtor at their place of employment, if no home address is available

Illegal

  • Any use of obscene or abusive language towards a debtor or their family
  • Contacting a debtor's employer regarding the debt
  • For phone communication, refusing to disclose one's identity to the debtor, or calling between the hours of 10:00PM and 6:00AM.

Laws for Debt Harassment in Oregon

The Oregon Fair Debt Collection Practices Act describes all illegal actions of debt collectors. Violations can receive up to a $25,000 penalty in Oregon when proven in court, in addition to court and legal representation fees. Any injury sustained by debt collection violations warrants a minimum of $200 in damages to the prevailing party, and possible court fee payments. Debt harassment does not erase one's debt.

Oregon Debt Negotiation and Settlement Rules

The opportunity to remove debt quickly thought debt negotiation or settlement is desirable for many. With a debt settlement or renegotiation, one organizes a new payment plan with the creditor, and often with a third party lawyer. This process is regulated by associated debt laws, with no regulations specific to Pennsylvania. These plans will generally include a lump sum payment, sometimes accompanied by further payments at a highly reduced rate. This intriguing option is sometimes dangerous because of illegal or improper debt settlement practices, but there are many benefits when properly done.

  • The stress of pending debts is reduced or removed
  • Can help to coordinate debts to a debtor's specific financial outlook
  • Removing continued payments can help those consolidating debts

Help from an Oregon Debt Collection Attorney

There are often many complications involved with outstanding debts. Interest rates are can be charged inappropriately without the knowledge of the debtor, and is often very difficult to detect because of complexities in contracts or debt law and contract construction. Collection practices can be a nuisance and are easily misinterpreted. When a debt settlement lawyer is utilized, communications from the creditor can no longer be aimed directly to the debtor. The Oregon Debt Settlement lawyer acts as a mediator that can effectively distinguish any illegal actions, creating an environment for settling a debt fairly and properly.

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