A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of a debt. This includes:
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When a debt collector violates the Fair Debt Collection Practices Act (FDCPA), they can be held liable for various damages. This may include paying attorney's fees, restitution, and even statutory damages, which could amount to thousands of dollars. Additionally, you can file a complaint with the Federal Trade Commission or your state's attorney general. Understanding the implications of the Oregon Notice to Debt Collector - Falsely Representing Dire Consequences for Nonpayment of a Debt can help you better navigate these legal waters.
Repeated calls. Threats of violence. Publishing information about you. Abusive or obscene language.
Under the Fair Credit Reporting Act (FCRA) (15 U.S.C. § 1681 and following), you may sue a credit reporting agency for negligent or willful noncompliance with the law within two years after you discover the harmful behavior or within five years after the harmful behavior occurs, whichever is sooner.
Write a dispute letter and send it to each credit bureau. Include information about each of the disputed itemsaccount numbers, listed amounts and creditor names. Write a similar letter to each collection agency, asking them to remove the error from your credit reports.
Debt collectors cannot harass or abuse you. They cannot swear, threaten to illegally harm you or your property, threaten you with illegal actions, or falsely threaten you with actions they do not intend to take. They also cannot make repeated calls over a short period to annoy or harass you.
Normally, collections are disputed because the debtor believes they are incorrect for some reason. For example, if you review a copy of your credit report and you see a collection account that you believe belongs to another person, has an incorrect balance or is greater than seven years old, you can file a dispute.
Write a dispute letter and send it to each credit bureau. Include information about each of the disputed itemsaccount numbers, listed amounts and creditor names. Write a similar letter to each collection agency, asking them to remove the error from your credit reports.
In Oregon, the statute of limitations for debt is six years. This means a creditor has up to six years to file a lawsuit to collect on the debt. The six-year statute of limitations applies to medical debt, credit card debt, auto loan debt, etc.
If a company or bill collector damages your credit through no fault of your own, you have the right to sue and potentially win a settlement. Many civil courts are starting to recognize good credit as a valuable asset.
You are not obliged let a debt collector into your home and they don't have the right to take goods away. It's very important to understand that a debt collector is not the same as an enforcement agent or bailiff. Debt collectors have no special legal powers.
