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?

Related Topics:
1 Lawyer Answer
Gregory L Abbott
Gregory L Abbott
Answered
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.