Spokane, WA asked in Small Claims for Oregon

Q: If I received a garnishment letter for debt 10 years old can they still enforce that if statute of limitations is up

I got a garnishment letter for a debt that is over 10 years old. The amount they say I owe is triple the actual amount I owed originally

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

A: Assuming you are in Oregon, IF the statute of limitations is up, then no, they can no longer forcibly collect a debt from you and may well be committing an Unfair Debt Collection Practice and/or a Fair Debt Collection Practices Act (i.e. both State and Federal potential violations). BUT if they are garnishing, they must first have a Judgment against you in court. That Judgment is valid for 10 years from date of entry and may be renewed once for an additional 10 years after the renewal date. So if they timely renewed it, even if it is past 10 years old, it may still be valid. The amount is likely to be triple or more after adding in the court costs, possibly their attorney's fees, and 9% simple annual interest - 10 years interest alone would add 90% to the Judgment amount.

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