Oregon state fair debt collection law (Oregon Revised Statutes Sections 646.639 to 646.646 and 697.005 to 687.095) is similar to the federal Fair Debt Collection Practices Act (FDCPA). Important rules include:
- Collectors cannot trick you into paying for collect calls or telegrams
- Debt collectors cannot threaten and misrepresent who they are or what their company does
- Collectors cannot send correspondence in postcard form and can only display the agency’s name and address on the envelope
- You cannot be charged additional fees from a collector for your debt
- Collectors cannot publish or post your name
- If you are being represented by an attorney, the collector or agency must work through that attorney and not you
- You can only be contacted by a collector between 8am and 9pm (unless you’ve agreed to another time)
- You have up to 30 days to dispute a debt--once the written dispute is set in motion the collector cannot contact you until it provides you with documentation
Oregon consumers can sue debt collection agencies should they violate the law. Consumers can be awarded up to $200 in damages in addition to being able to pursue legal action through the Fair Debt Collection Practices Act (FDCPA).
Oregon Statue of Limitations (SOL)
Oregon has a six-year statue of limitation (SOL) on open accounts such as credit cards, meaning that the creditor can contact you for up to six years. For written contracts creditors can also pursue you for up to six years. Consumers can consider Oregon debt settlement during the time the account remains open.
Oregon provides a higher number of exemptions from wage garnishment for public benefits than other states. Areas of non-income wage garnishment exemption include:
- Pensions: exemptions in both private and public pensions are possible in Oregon
- Public benefits/assistance-- Oregon protects public benefits and assistance including workers’ compensation, unemployment, aid to families with dependent children and crime victims’ compensation
- Insurance and annuity protection--life insurance proceeds, health and disability, annuity contracts and fraternal society benefits
Oregon Credit Card Debt Relief Act of 2010
The Credit Card Debt Relief Act of 2010 has streamlined the methods for repaying debt and regulated how collectors work with debtors. The Act has impacted debt relief collections several ways:
- The number of fraudulent or weak performing credit card companies are gone
- Reduces the chances of falling victim to fraudulent debt settlement companies due to new Federal Trade Commission (FTC) reforms
- Increased, open communication from creditors--more information is provided to help you eliminate your loans
- Debt settlement companies cannot request upfront fees from clients