The Fair Debt Collection Practices Act (FDCPA) prohibits harassment or abuse in collecting a debt such as threatening violence, use of obscene or profane language, publishing lists of debtors who refuse to pay debts, or even harassing a debtor by repeatedly calling the debtor on the phone. This Act also sets out strict rules regarding communicating with the debtor. The FDCPA applies only to those who regularly engage in the business of collecting debts for others -- primarily to collection agencies. The Act does not apply when a creditor attempts to collect debts owed to it by directly contacting the debtors. It applies only to the collection of consumer debts and does not apply to the collection of commercial debts. Consumer debts are debts for personal, home, or family purposes.
The collector is restricted in the type of contact he can make with the debtor. He can't contact the debtor before 8:00 a.m. or after 9:00 p.m. He can contact the debtor at home, but cannot contact the debtor at the debtor's club or church or at a school meeting of some sort. The debtor cannot be contacted at work if his employer objects.
Oregon Answer of Defendants to Complaint by Debtor For Harassment in Attempting to Collect a Debt, Using Harassing and Malicious Information, and Violating the Federal Fair Debt Collection Practices Act In the state of Oregon, when a debtor files a complaint against a creditor, alleging harassment, the defendants, who are the parties being sued, have the right to file an answer providing their side of the story. The Oregon Answer of Defendants to Complaint by Debtor is a legal document that allows defendants to present their defense and respond to the allegations made in the complaint. Keywords: Oregon answer, defendants, complaint, debtor, harassment, collect a debt, harassing information, malicious information, violating, Federal Fair Debt Collection Practices Act. The Oregon Answer of Defendants may consist of different types depending on the specific allegations brought forward by the debtor. Here are a few possible types: 1. Denial of Allegations: Defendants may deny any wrongdoing or allegations of harassment, stating that they have not violated any laws or engaged in any misconduct. 2. Affirmative Defenses: Defendants may raise affirmative defenses, which are legal arguments asserting that even if the allegations were true, they have a valid reason or justification for their actions. Some common affirmative defenses could include: a. Consent: Defendants may argue that the debtor consented to the actions that are being alleged as harassment, thereby waiving any claims against the defendants. b. Statute of Limitations: Defendants may argue that the debtor's claim is barred by the statute of limitations, meaning that too much time has passed since the alleged harassment for the debtor to bring a legal action. c. Good Faith Error: Defendants may argue that any actions taken were based on a good faith error, such as incorrect identification of the debtor or a mistake in the debt collection process. 3. Counterclaims: Defendants may file counterclaims against the debtor, asserting that the debtor's actions have harmed them in some way. These counterclaims can seek damages or other relief from the debtor. 4. Request for Dismissal: Defendants may request the dismissal of the debtor's complaint, arguing that there is insufficient evidence or lack of legal merit to support the claims made against them. It is important to note that the specific content and approach of an Oregon Answer of Defendants can vary based on the unique circumstances of each case. Defendants should consult with an attorney who is knowledgeable about debt collection laws in Oregon to ensure their answer is comprehensive and properly addresses the allegations while preserving their rights and interests under the law.
