Coos Bay, OR asked in Civil Litigation and Collections for Oregon

Q: I loaned an ex boyfriend 18k during the time we were together. He now has a good job, can I have his wages garnished

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2 Lawyer Answers
M. Nicole Clooten
M. Nicole Clooten
Answered
  • Pendleton, OR
  • Licensed in Oregon

A: Unless you had some sort of contract, preferably in writing, you would have a difficult time getting a judgment against, which is required in order to get a writ of garnishment. I would contact an attorney that specializes in contract law if you think that the intent of both of was to pay you back, and you have some sort of proof of that.

Jessica Larsen and Gregory L Abbott agree with this answer

Gregory L Abbott
Gregory L Abbott
Answered
  • Collections Lawyer
  • Portland, OR
  • Licensed in Oregon

A: The key word in your posting is "loaned". If you can prove it was a loan, not a gift, and that he has breached the terms of the loan, then you need to sue him for it in court. IF you win in court and obtain a Judgment against him, then and only then can you proceed to garnish his wages, or his bank account, or have the Sheriff seize his property (such as a car, etc.) and sell it to help pay you. But it all starts with your having to get a Judgment against him in court - until then the most you can do is ask and/or turn it over to a collection agency to harass him. But they to cannot do more without obtain a court Judgment against him.

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