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One of the most common calls we receive at Baxter & Baxter, LLP, is consumers who have received debt collector threats either in the form of harassing collection calls or threatening collection letters. This can often be a very frightening prospect for a consumer who is threatened or harassed by a debt collector with garnishment, liens, or threats of criminal prosecution. This website is intended to provide information about consumers' rights and how to deal with debt collector threats.
Welcome to our mini-site! This site gives useful information about consumer law in Oregon. To find out more about consumer law and bankrutpcy in Oregon, please visit our main website at www.baxterlaw.com.
This information is provided by the Oregon consumer rights advocates of the Consumer Litigation Group of Baxter & Baxter, LLP, a Portland, Oregon consumer litigation law firm, specializing in false credit reporting and unlawful debt collection cases.
I've Been Sued by a Debt Collector!
Can a debt collector garnish my bank account or my wages?
If you don’t pay a debt, a creditor or its debt collector generally can sue you to collect. If they win, the court will enter a judgment against you. The judgment states the amount of money you owe, and allows the creditor or collector to get a garnishment order against you, directing a third party, like your bank, to turn over funds from your account to pay the debt.
Wage garnishment happens when your employer withholds part of your compensation to pay your debts. Your wages usually can be garnished only as the result of a court order. Don’t ignore a lawsuit summons. If you do, you lose the opportunity to fight a wage garnishment.
Can federal benefits be garnished?
Many federal benefits are exempt from garnishment, including:
Social Security Benefits
Supplemental Security Income (SSI) Benefits
Veterans’ Benefits
Civil Service and Federal Retirement and Disability Benefits
Service Members’ Pay
Military Annuities and Survivors’ Benefits
Student Assistance
Railroad Retirement Benefits
Merchant Seamen Wages
Longshoremen’s and Harbor Workers’ Death and Disability Benefits
Foreign Service Retirement and Disability Benefits
Compensation for Injury, Death, or Detention of Employees of U.S. Contractors Outside the U.S.
Federal Emergency Management Agency Federal Disaster Assistance
But federal benefits may be garnished under certain circumstances, including to pay delinquent taxes, alimony, child support, or student loans.
Do I have any recourse if I think a debt collector has violated the law?
You have the right to sue a collector in a state or federal court within one year from the date the law was violated. If you win, the judge can require the collector to pay you for any damages you can prove you suffered because of the illegal collection practices, like lost wages and medical bills. The judge can require the debt collector to pay you up to $1,000, even if you can’t prove that you suffered actual damages. You also can be reimbursed for your attorney’s fees and court costs. A group of people also may sue a debt collector as part of a class action lawsuit and recover money for damages up to $500,000, or one percent of the collector’s net worth, whichever amount is lower. Even if a debt collector violates the FDCPA in trying to collect a debt, the debt does not go away if you owe it.
To speak to a Vancouver WA bankruptcy attorney, visit www.baxterlaw.com.
If you require legal representation or advice about debt collector threats, debt collector harassment, and unlawful debt collection practices
, please contact the Oregon consumer lawyers of Baxter & Baxter, LLP.
Consumer Protection Websites in Oregon
Credit Reporting Problem Websites
Debt Collection Abuse and Harassment Websites
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Contact Us
Baxter & Baxter, LLP
Consumer Litigation Group
8835 S.W. Canyon Ln., Ste. 130
Portland, Oregon 97225
Telephone (503) 297-9031
Facsimile (503) 297-9031
www.baxterlaw.com
This is an informational website
about debt collector threats in Oregon, presented by the consumer lawyers of Baxter & Baxter, LLP.*
The consumer attorneys of Baxter & Baxter, LLP, are frequently contacted by media outlets seeking comment or background on breaking news stories involving identity theft, credit reporting, unlawful debt collection, and other consumer issues. Media inquiries can be directed to Justin Baxter at (503) 297-9031.
* The information provided on this website is intended as general information for the public and for advertising purposes. It is not intended as legal advice. If you believe you need legal representation or advice, please contact the Oregon consumer attorneys of Baxter & Baxter, LLP.
Information about Debt Collector Threats
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