Hillsboro, OR asked in Small Claims for Oregon

Q: Can a creditor refuse a payment or any other info we have given

My evil ex landlord is refusing any payments and is not allowing email contact for any info we are to give her. The judge said as long as we send her what we were supposed to then we wont be in contempt of court, but she isnt communicating with us and is saying we "have" to send it through 1st class mail. What do we do?

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1 Lawyer Answer
Gregory L Abbott
Gregory L Abbott
  • Portland, OR
  • Licensed in Oregon

A: Far more information is needed here or far more is going on. It is true that a creditor does not have to accept anything less than payment in full - but why wouldn't they if there are no strings attached? It sounds as if the landlord has a Money Judgment against you. If so, contempt of court is not normally a remedy available to the creditor if you do not voluntarily pay - garnishment, sheriff's levy, judgment debtor exam or its written equivalent, post-judgment interrogatories are. I am not clear what info you are supposed to be sending unless perhaps you ARE supposed to be responding to post-judgment interrogatories. IF you do not properly respond to those, then contempt of court is possible and it would make sense that they would need to be submitted by mail since they usually require a notarized signature submitted under Oath. Regardless, whatever is going on, what is the problem with sending things by mail as long as you keep a copy? Email may be informal, convenient and fast but it rarely satisfies legal requirements. You really need to just review everything with a collections or consumer law attorney if you want to know your options and potential consequences. A single visit is likely to answer your questions and let you decide how you want to proceed from there.

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