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Oregon Collections Questions & Answers
1 Answer | Asked in Civil Rights, Collections and Libel & Slander for Oregon on
Q: I paid all fines & fees to leave state then got bill $2000. 2 years later so I paid. Now 24 years later

I

James L. Arrasmith
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answered on Feb 28, 2024

If you received a bill for $2000 two years after paying all fines and fees to leave the state, it's important to understand the reason behind this unexpected charge. Consider reaching out to the relevant authorities or agencies to request clarification on the bill and inquire about any... View More

1 Answer | Asked in Consumer Law, Contracts and Collections for Oregon on
Q: As the defendant can I file for motion to dismiss after I have submitted an answer to the court in Oregon Circuit Court?
Gregory L Abbott
Gregory L Abbott
answered on Feb 21, 2024

Likely yes, assuming you have adequate grounds and didn't waive your right under Rule 21 when answering.

1 Answer | Asked in Civil Rights, Criminal Law and Collections for Oregon on
Q: How can I dispute a 7,000 overpayment with oregon dept of human svcs from 4/1/1995 - 1/31/1998.

I was charged with a theft one I pled guilty in 1999 but I was backed into a corner by my attorney who didnt help me. I changed attorneys 1 time but the judge wouldn't let me change attorneys again and he stated i could take it up on appeal. I was mentally tired but I wanted to go to trial... View More

James L. Arrasmith
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answered on Feb 24, 2024

To dispute the overpayment with the Oregon Department of Human Services (DHS), you may need to gather evidence and documentation to support your case. Start by requesting detailed records from the DHS regarding the overpayment, including any documents or information that show how the amount was... View More

1 Answer | Asked in Collections for Oregon on
Q: Is there motion for installment payments option in Oregon garnishment?

Walla walla collection in Washington filed wage garnishment against me in circuit Court of Washington country oregon for a 10 year old medical debt that has a judgement and they filed for it to be extended. They filed garnishment 2 years ago but got them to drop it as I've been back in Oregon... View More

TeAnna Rice
TeAnna Rice
answered on Nov 9, 2023

While you can certainly try to reach some form of installment agreement with them, there is no legal requirement that they have to agree to installment plans. The best approach would be to demonstrate to them that it would be better they agree to an installment plan as it means you are paying them... View More

1 Answer | Asked in Consumer Law and Collections for Oregon on
Q: Why would a debt collector garnish my wages for a certain amount of time and then stop before the debt is paid in full,

only to start again two years later for the same debt on the same case number?

Gregory L Abbott
Gregory L Abbott
answered on Nov 6, 2023

A Writ of Garnishment for wages expires after 90 days and a new one must be served if the creditor wishes to continue garnishing thereafter. The creditor may garnish (or re-garnish) anytime during the time the Judgment is valid. Interest continues to accrue on the debt of course until the earlier... View More

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Collections for Oregon on
Q: Rent a center threats

Rent a center is harassing me threating me with jail and being arrested I paid on time every time I recently went on fmla 4weeks ago and can't pay at the time they won't accept what I can pay I just wanna know my legal rights I live in oregon the rent a center is in washington state can... View More

Jim Boness
Jim Boness pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 19, 2023

As far as your question, if you rented from a Rent-A-Center in Washington, the contract probably will be governed under Washington law. Check your contract to see if that is the case. If so, you will need to speak with a Washington licensed attorney.

As far as any rights to keep the...
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1 Answer | Asked in Bankruptcy, Consumer Law, Civil Litigation and Collections for Oregon on
Q: I have a lot of negative equity debt from an old repossessed car loan. I have no income or assets, what can help w/ this

In Oregon, I had an old car that broke down but somehow skirted around my comprehensive, gap, and insurance coverage. I was in a desperate situation and the car it was replaced with was overly expensive and I ended up with $12k of negative equity on top that I wouldn't have been able to... View More

Timothy Denison
Timothy Denison
answered on Jun 7, 2023

Consult a competent bankruptcy professional to assess your current financial situation. Give n your status, Chapter 7 might be just right for you.

2 Answers | Asked in Civil Litigation, Civil Rights and Collections for Oregon on
Q: What kind of attorney would I need to get compensation for being wrongfully charged, locked up and losing a successful

I won the case against me but not without spending a lot of money and sitting on house arrest for 2.5 years ruined me and any hopes of fixing my construction business

Gregory L Abbott
Gregory L Abbott
answered on Apr 20, 2023

Normally one needs considerably more information before being able to tell you anything. But assuming you are referring to a criminal prosecution, who is it you think you can successfully sue? It sounds as if you were prosecuted for some crime, went to trial and won. If essentially accurate, that... View More

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1 Answer | Asked in Divorce and Collections for Oregon on
Q: My husband's ex wife from 15 years ago had a medical bill while they were married they are coming after him to pay

In their divorce it said that she would have to pay her own medical bills and he would have to pay his but now after all this time the creditors are coming after him it's been so long and he didn't know she didn't pay and now the bill went from 6,000 to 16,000 what can we do this doesn't seem fair

Gregory L Abbott
Gregory L Abbott
answered on Jan 25, 2023

It all depends upon the exact details. IF the creditor sued your husband and won in court, they would have gotten a Judgement against him. All Oregon Judgments are valid for 10 years and can be renewed once for an additional 10 years. So it is possible it is a collectable debt. If, however, they... View More

1 Answer | Asked in Consumer Law, Bankruptcy, Banking and Collections for Oregon on
Q: If my money is stuck in a merchant gift card, can I charge back on my credit card to get my original funds back?

I pre-ordered products from a merchant and place the charges on my credit card. The timeframe was taking too long so instead of receiving any product, the merchant cashed me out at a higher price then I originally paid, but paid me with his store gift card. The merchant has since been shut down by... View More

Timothy Denison
Timothy Denison
answered on Dec 14, 2022

You can try, yes.

2 Answers | Asked in Divorce and Collections for Oregon on
Q: How to collect a money judgment where all property has been put in a trust

I have a judgment ( money from a divorce); my ex-husband has transferred all property into a irrevocable trust.

Gregory L Abbott
Gregory L Abbott
answered on Nov 15, 2022

Depending upon many factors, including when he transferred his assets and the terms of the Trust, you may be able to collect. Review everything in detail with a local collections attorney or possibly your divorce attorney if that is where the Judgment originated.

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3 Answers | Asked in Consumer Law and Collections for Oregon on
Q: How can I collect on a bad check? I sent a demand letter 30 days ago but haven't heard back.

The amount is $2,000.00. It is for agreed-on reimbursements for concrete work that was not performed. The check came back as 'fictitious' . The bank wouldn't give me anymore information. Do I take it to small claims court or somewhere else? I did send a demand letter 30 days ago with no success.

Gregory L Abbott
Gregory L Abbott
answered on Oct 31, 2022

The question really is whether you can actually collect a Judgment from the guy and if so, is it cost effective to try. If not, suing and trying to forcibly collect is a waste of time and money. If worth it, small claims court hha

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1 Answer | Asked in Family Law and Collections for Oregon on
Q: What does a certificate of extension involve for an OR circuit court attorney fee judgement expiring 10/31/22
Gregory L Abbott
Gregory L Abbott
answered on Oct 20, 2022

There is a statutory list of information that must be included in the document; it must be paid for and filed with the court. Most any attorney can handle the matter for you if you wish.

1 Answer | Asked in Collections for Oregon on
Q: Can a circuit court in Oregon sell real property such as a primary residence and put the occupants homeless

In order to pay a judgement of the court can a primary resadence be sold and the occupants made homeless

Gregory L Abbott
Gregory L Abbott
answered on Jul 25, 2022

A court normally reviews the matter before ordering a property sold but as long as the statutory niceties are complied with, absolutely a residence can be sold to pay a debt. I am unclear why you would think a house would be exempt from sale or why a debtor could avoid paying their debt by using... View More

1 Answer | Asked in Collections for Oregon on
Q: What happens when your only income is wages during Garnishment.

So my wages are currently being garnished, can't afford bankruptcy. However I do not make enough money for them to garnish most weeks. My state (Oregon) has a minimum of $255 that cannot be garnished if you make less than that. So most weeks, no money is taken from my paycheck. What would... View More

Gregory L Abbott
Gregory L Abbott
answered on Mar 7, 2022

As long as the ONLY funds in the bank account are directly traceable (keep your deposit records) to exempt sources, the bank account is likely to be considered exempt as well. Understand they can still garnish the account, and you will be out the money immediately, but you can file the included... View More

1 Answer | Asked in Consumer Law, Contracts and Collections for Oregon on
Q: Have there been any cases upholding the current version of Oregon Revised Statutes: 73.0311?

Is a check marked "paid in full", and negotiated still a valid "accord and satisfaction" in Oregon, in a disputed matter?

Gregory L Abbott
Gregory L Abbott
answered on Sep 7, 2021

If you are asking if you write "Paid in Full" on a check's memo line and submit it for less than the full amount of the bill, and it is cashed, are you off the hook for the balance of the bill, the answer is NO. If you have a written agreement specifying the creditor is settling for... View More

1 Answer | Asked in Collections for Oregon on
Q: Can a collector after 5 years of not hearing from them cause they got your address wrong charge u interest of 3000.

I have the letter I let them know of address change. 5 years later they call me at work and say I ow interest. And they had my address wrong. I payed them 50.00 before I moved and sent them a letter for the Ballance and never hurd back. I thought they were a scam.

Gregory L Abbott
Gregory L Abbott
answered on Aug 30, 2021

You don't say what they are trying to collect - just a bill or a court Judgment? Either way, if the underlying bill is valid, then interest on that bill is likely to be valid as well. But if it is not a Judgment, then the Statute of Limitations may still be in effect. IF you have made no... View More

1 Answer | Asked in Consumer Law, Small Claims and Collections for Oregon on
Q: Statute of limitations for 10-year debt?

Hello,

I received a collection notice from a debt collector (from old phone company) for a 10-year debt. Are they within the SoL to collect? I wrote and confirmed the balance owed from 2011, but had never received a bill for this balance until last week. I haven't received any other... View More

Gregory L Abbott
Gregory L Abbott
answered on Apr 27, 2021

Whether it is past the statute of limitations depends on a few things. First, exactly what is trying to be collecting upon? The original debt or a court judgment against you arising out of that debt? IF it ever was reduced to a court Judgment, Judgments in Oregon are good for 10 years and maybe... View More

1 Answer | Asked in Collections and Probate for Oregon on
Q: Who takes possession of a deceased's unregistered car with no probate, no heirs, and lots of debt?

My estranged father passed away with no will and no other heirs. He had a mountain of debt, and his only possession of value is a vehicle which he recently purchased but had not yet registered. I want no part of the probate process. I'm assuming the vehicle then belongs to the state, who has... View More

Theressa Hollis
Theressa Hollis
answered on Mar 29, 2021

If you were not adopted by another family then you might be your father's only heir. However, that does not mean that you are required to handle his estate. If the car was never registered in your father's name then it should still be in the seller's name. I would contact one of... View More

1 Answer | Asked in Banking and Collections for Oregon on
Q: Can a collection agency collect a medical debt from 2006 in oregon?

Oregon? My Bank account was completely drained.

Gregory L Abbott
Gregory L Abbott
answered on Mar 26, 2021

The question is not when the debt dates from but rather when they obtained a court Judgment against you for that debt. Judgments in Oregon are good for 10 years and may be renewed once for another 10 years from the renewal date. IF there is still a valid Judgment in Oregon, then the creditor is... View More

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