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Welcome to our mini-website for Oregon consumer law. The attorneys of Baxter & Baxter, LLP, are dedicated advocates for consumers. Baxter & Baxter, LLP, is a Pacific Northwest consumer protection law firm with offices in Oregon and Washington. To visit our firm’s main website, visit www.baxterlaw.com.

The Oregon consumer protection lawyers of the Consumer Litigation Group represent individuals in cases with false credit reports, identity theft cases, unlawful debt collection cases, and consumer fraud cases. The Portland Oregon bankruptcy attorneys, Hillsboro, Oregon bankruptcy attorneys, Oregon City bankruptcy attorneys, and Vancouver Washington bankruptcy lawyers of the Bankruptcy Practice Group represent individuals in Chapter 7 and Chapter 13 bankruptcy. Our mission of committed and zealous consumer advocacy is unrivaled, and our track record of excellence and professionalism is recognized nationwide.

For more information about the Consumer Litigation Group, click on the links below:

“We are a debt relief agency. We help people file for relief under the Bankruptcy Code.”

Debt Collection Lawsuit Defense

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Debt Collection Lawsuit Defense

Baxter & Baxter, LLP, represents consumers who have been sued for debts that they do not owe. If you have been served with a complaint and summons, time is of the essence. Strict time limits apply to file a formal appearance with the court that you have been sued in. The appearance must be in the proper form, must contain certain required statements, and the applicable fees must be paid at the time of filing. Failure to do any of these things can result in a judgment being entered against the defendant.

Consumers often learn of a judgment entered against them that they were unaware of because they moved, or because they were not served with papers. It is more difficult to set aside a judgment when it has been entered. However, where the facts of a particular case permit a judgment debtor to vacate a judgment, and prevail on the underlying case, Baxter & Baxter, LLP will represent consumers in such cases.

Finally, in a small proportion of cases, the lawsuit has been filed outside of the applicable statute of limitations. If a case has been filed more than six years after the last payment, it is possible to avoid a judgment. Additionally, for particular credit cards, it is possible that a shorter statute of limitations applies. For example, if you are sued on behalf of Capital One, which chooses Virginia’s law in its cardholder agreement, the statute of limitations may be as little as three years.

Dealing with Identity Theft

Identity theft is on the rise. You see it on the evening news. Credit card companies advertise their products and services to prevent ID theft. Friends and family tell you to shred bank statements and bills. Baxter & Baxter, LLP, has compiled some useful information for dealing with the identity theft epidemic from a consumer’s perspective.

Determining Whether You’re a Victim

The first step is determining whether identity theft has been perpetrated against you. Often, this comes in the form of billing statements or demands for payment by bill collectors.

Consumers should also regularly check their credit report for unauthorized activity. Under the Fair and Accurate Credit Transactions Act, you are entitled to a free copy of your credit report each year.

While it is possible to access your credit report online, some credit reporting companies require consumers to give up important rights in order to access their credit report through their website. Also, it can be confusing navigating the many links advertising services that you do not necessarily need. A better way is to request it by mail.

Consumers can request their free annual credit report by writing to Annual Credit Report Request Service, P.O. Box 105281, Atlanta, GA 30348-5281. The request form is available at the annualcreditreport.com website.

Stop Ongoing ID Theft

Close accounts which you know are being used for fraudulent purposes. These accounts may have been opened by the ID thief, or they may be your legitimate accounts which have been compromised. Cooperate with creditors to ensure that the accounts are not used for further unlawful purchases.

Make a Record

File a police report in your local jurisdiction and any jurisdictions where fraudulent accounts may have been opened or used. Follow the police department’s procedure to obtain copies of the police report.

Fill out fraud affidavits, if requested. Individual creditors may require you to fill out their forms to comply with their internal policies and procedures. Carefully read the affidavits and ensure they are accurate before signing. Request a copy for your records.

Notify government agencies. You can file your fraud affidavits with the Federal Trade Commission (FTC) by visiting its website at www.ftc.gov.

This process may take some time, but stick with it. The paper trail you create now will protect you in the future.

Dispute False Collections and Credit Reports

You now have a strong record of identity theft. When you receive collection letters from bill collectors or other creditors, do not ignore them. Send a polite, professional letter disputing the validity of the accounts. Tell the companies that you are the victim of identity theft. Enclose copies of your police reports and fraud affidavits. Request verification of the bills, or in the alternative, a statement by the creditor that you are not responsible for the alleged debt. Always send your correspondence via certified mail, with a return receipt requested, and keep a copy of your signed, dated letter for your records.

Also write to the credit reporting agencies to dispute any false account information. Be specific about the nature of your dispute, and tell the credit reporting agencies that you are the victim of identity theft. In addition to police reports and fraud affidavits, send copies of any correspondence from creditors acknowledging that you do not owe the alleged debt.

The addresses for the “Big Three” credit reporting agencies are:

Equifax
PO Box 740241
Atlanta, GA 30374

Experian
PO Box 9701
Allen, TX 75013

Trans Union LLC
PO Box 1000
Chester, PA 19022