Lawyers, Answer Questions  & Get Points Log In
Oregon Collections Questions & Answers
2 Answers | Asked in Estate Planning, Collections and Probate for Oregon on
Q: Mother in-law deceased 4.18.2020. All known debts paid. 8 months after Medicare trying to collect debt.can they?
Theressa Hollis
Theressa Hollis
answered on Mar 17, 2021

It's likely that you have been contacted by Medicaid (not Medicare) because your mother-in-law was receiving public benefits to pay for her long-term care. I recommend you schedule an appointment with an experienced probate attorney to review the claim and advise you.

View More Answers

2 Answers | Asked in Collections, Traffic Tickets, Car Accidents and Insurance Defense for Oregon on
Q: I was in a fender bender where I rear ended someone, now I’m being sent to collections and they say my license will be

Suspended if I don’t make a Minimum payment if 1000 down and 100 a month. When I got in the accident I had just bought a car the night before from a personal buyer and had not had a chance to put insurance on it in the less the lab 24 hours after having it. I bought the car on 4/20/20 at 7pm, and... View More

Virgil Royer
Virgil Royer
answered on Jun 5, 2020

First, the collection agency is collecting a debt. They are not the Department of Motor Vehicles (DMV) and have no power to suspend your driving privilege. Second, you mentioned "grace" period. Did your insurance company deny coverage for this accident even though you just bought the car?... View More

View More Answers

1 Answer | Asked in Collections, Traffic Tickets, Car Accidents and Insurance Defense for Oregon on
Q: I was in a fender bender where I rear ended someone, now I’m being sent to collections and they say my license can be

Suspended if I don’t make a Minimum payment if 1000 down and 100 a month. When I got in the accident I had just bought a car the night before from a personal buyer and had not had a chance to put insurance on it in the less the lab 24 hours after having it. I bought the car on 4/20/20 at 7pm, and... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 5, 2020

you asked this twice. Check the answer I and others gave. This looks like an identical post.

1 Answer | Asked in Collections for Oregon on
Q: I’m being sent to collections for a house I moved out of 2.5 years ago. Can I be responsible for that?

My Ex and I rented a house. In 2017 I moved out and asked him to remove me from the lease. He said he would. we’ve had multiple conversations with him and the landlord for about a year and a half of removing my name from the lease which he reassured that would happen. (I have emails about all... View More

Gregory L Abbott
Gregory L Abbott
answered on Mar 2, 2020

It was your obligation to be sure your name was removed from the lease if that was an option. Alternately, you likely should not have been liable for anything after the expiration of whatever lease you were on. That in turn may depend upon exactly what notice was provided to who, when. All this... View More

1 Answer | Asked in Estate Planning, Collections and Probate for Oregon on
Q: What is the legal process to gain legal authority to act on deceased behalf when there is no will and no estate?

My sister was struck and killed by a car in November 2019 in Portland OR. She was married and has no children. She died without a will and what we believe is an insolvent estate as we came to find out that she was secretly in a mountain of debt. Many collections agencies will not release... View More

Theressa Hollis
Theressa Hollis
answered on Jan 22, 2020

I am so sorry for your loss. Unfortunately, there is no legal way to obtain the information you need about your sister's debt without filing a probate. Since your sister passed without a Will her spouse will inherit her estate through Oregon's intestate laws. I recommend he hire an... View More

1 Answer | Asked in Collections for Oregon on
Q: I have received a WRITTEN INTERROGATORIES PURSUANT TO ORS 18.270 If I do not answers or ignore this what happens
Gregory L Abbott
Gregory L Abbott
answered on Nov 25, 2019

IF you are getting interoggatories in Oregon, then you have already lost a court case and your opponent is trying to collect. IF you fail to timely respond, or do not respond fully, or are not completely honest in your responses, you can be subject to contempt of court. That provides potential... View More

1 Answer | Asked in Collections for Oregon on
Q: I have a judgement against me via American Express. It was sold to Midland. Can they collect it?
Gregory L Abbott
Gregory L Abbott
answered on Oct 1, 2019

Likely yes - it is, after all, what a collection agency does. It would have to have been legally assigned or otherwise lawfully transferred from American Express to Midland but if so, Midland would have the same rights as American Express.

3 Answers | Asked in Bankruptcy, Foreclosure and Collections for Oregon on
Q: Will filing bankruptcy take my 81 yr old grandma's house off the auction block for 6/20/19?

I just learned that my grandma's house is in foreclosure and scheduled for auction in about a week and a half on 6/20/19 due to an unpaid loan. If she were to file for bankruptcy, would it take the house off the auction block?

Mr. Michael A. Shurtleff
Mr. Michael A. Shurtleff
answered on Jun 9, 2019

Yes. Call a BK attorney in the morning

View More Answers

1 Answer | Asked in Collections and Small Claims for Oregon on
Q: When notifying a client of a bad check, does a Certified Mail letter serve as proof, even if failed delivery attempt?

I need advice on collecting on a bad check. A client of my pet care business wrote me a bounced check for $420. I have alerted her via email (no replies), phone (disconnected numbers), and Certified Mail (failed delivery attempt). I understand that I likely need to take this to Small Claims Court,... View More

Joanne Reisman
Joanne Reisman
answered on May 9, 2019

Do you have the original check back in your possession? I used to just take the check back to the bank it was written on (her bank) and ask the bank if they had sufficient funds so I could cash the check. Sometimes I would get lucky and the bank would pay me. You could try to cash it around the... View More

1 Answer | Asked in Collections for Oregon on
Q: can a joint and several be dismissed?

I was convicted in 2006 for forgery, when convicted the amount awed was joint and several with the other party. I am the only one in the past 13 years that has made any payments and has been garnished over this. Is it possible to get this dismissed to where the other party needs to be liable? Or... View More

Gregory L Abbott
Gregory L Abbott
answered on Apr 24, 2019

You can always try but it is HIGHLY unlikely that you will extinguish your liability before 100% has been paid. It is, after all, the whole point of joint and several liability - both (all) parties owe the entire amount to the creditor, and the creditor is free to collect any or all of it from any... View More

1 Answer | Asked in Consumer Law and Collections for Oregon on
Q: Is there a statute of limitations in Oregon for an attorney to collect unpaid attorney fees from a previous client?

We thought we had settled up, left on good terms. No contact in over 6 years, only recently began submitting old bills to unmanned email address. Now in collections.

Gregory L Abbott
Gregory L Abbott
answered on Feb 18, 2019

Assuming there is no Judgment against you that is trying to be collected upon, you may well have a 6 year statute of limitations, running from your last partial payment or last legitimate charge on your bill. IF it truly is past the statute of limitations, and you are being harassed by a... View More

1 Answer | Asked in Civil Litigation, Contracts, Collections and Small Claims for Oregon on
Q: Does the use of a unenforceable contract in small claims court rob the court of Subject Mater Jurisdiction?

Plaintiff took me to small claims court, using a lease agreement that violated public policy and included terms that would require illegality to perform, as the basis of claim. Would the plaintiff have standing? If not, could the default judgement be attacked due to the fact that it is void?

Daniel DiCicco
PREMIUM
Daniel DiCicco
answered on Dec 22, 2018

If you defaulted on the claim then your options are very limited. You will need to try and set aside the judgment but this is done somewhat rarely. You will not be able to do it without an attorney, and then you are facing a situation where it would very likely cost more to set aside the judgment... View More

2 Answers | Asked in Civil Litigation and Collections for Oregon on
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
M. Nicole Clooten
M. Nicole Clooten
answered on Nov 13, 2018

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... View More

View More Answers

1 Answer | Asked in Collections, Landlord - Tenant and Small Claims for Oregon on
Q: Filing a claim against a co-signer who ran away without my knowledge. Not living in the same place.

I'm trying to settle a dispute between a person I co-signed an apartment with. Well, it's more like I signed myself with her, so she can have a place to stay by herself since she has bad credit. I offered to pay the initial monthly rent plus fees, so she can move in as soon as possible.... View More

Gregory L Abbott
Gregory L Abbott
answered on Oct 26, 2018

The burden of proof will be on you to show that she owes you the money but yes, either small claims or regular court are you options. If you start in small claims court, she will then have the choice to remove it to regular circuit court or to let it stay in small claims court. If you start in... View More

2 Answers | Asked in Collections for Oregon on
Q: Steps to vacate a default judgement in Multnomah County Oregon if the plaintiff used void contract as basis of claim?

I received a notice of assignment of debt from a debt collector in Utah, represented locally. I recall the original complaint, and I also recall filing an answer. I never got a notice of hearing or notice of default or notice of garnishment. When they reached out they had already gotten the order... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Oct 8, 2018

As a general proposition, you have six months to vacate a default judgment.

View More Answers

1 Answer | Asked in Collections for Oregon on
Q: I had a few items that went to collections.these cases are over 20years old. And there asking an outrageous amount $$$

Supposably there claiming interest for the past 20 years.

I thought after seven years they are void

Can you help

Gregory L Abbott
Gregory L Abbott
answered on Sep 21, 2018

It depends upon what you mean. IF they went to court and they got a Judgment against you, a Judgment in Oregon is good for 10 years and may be renewed once for another 10 years from when renewed. After that it is gone permanently and anyone trying to collect on it may be guilty of an unfair debt... View More

1 Answer | Asked in Estate Planning, Collections and Elder Law for Oregon on
Q: Can money be garnished from my trust fund inheritance check when I cash it? If I owe student loan money?
Joanne Reisman
Joanne Reisman
answered on Jun 29, 2018

To do a garnishment a creditor first has to have a judgment from the court. Then they have to serve garnishment papers on someone who has your property or money. So if you go somewhere to cash a check it is unlikely that your creditor would be aware of you doing this in time to serve garnishment... View More

1 Answer | Asked in Collections for Oregon on
Q: I got a summons for small claims court. The paper didnt come to my address it went to my moms.

They said they have tried numerous times to contact me and I have only talked to them once. And haven't been able to get in touch with anyone since. Now I'm being sent to court.

Gregory L Abbott
Gregory L Abbott
answered on May 22, 2018

There does not seem to be a question here but if you do not file an appearance with the small claims court within the specified 14 days, you will be subject to having a Judgment entered against you for the full amount being sought. If you think you may have a viable defense, you may wish to review... View More

1 Answer | Asked in Consumer Law and Collections for Oregon on
Q: I got notice in the mail that I am going to be garnished, I never got served papers but they claim I did, what can I do?

How do I dispute this? I never got served papers, but when I called them they said someone answered the door and said they were me, I work during the day so I know for a fact I didn't receive any papers. So the person who "served papers" lied, cause I never got them. Do I have a legal case?

Gregory L Abbott
Gregory L Abbott
answered on May 10, 2018

Likely not - if you have some adequate grounds to dispute the validity of the Writ or the amounts being garnished, then you have a time frame to oppose it in court. If you haven't filed within that time frame and the Judge believes you were not timely served with the Writ, he/she might extend... View More

2 Answers | Asked in Collections and Landlord - Tenant for Oregon on
Q: Should I let my long ago failure-to-pay-rent debt run its 7.5 year course?

Father owned the lease. I co-signed(I think, I remember signing paperwork, trying to figure out now if it was a co-sign or what) He paid the rent, I did not. Debt was first opened April 1st 2012. I have never been contacted about this debt. I have had the same phone number since 2006, and changed... View More

Gregory L Abbott
Gregory L Abbott
answered on Mar 16, 2018

IF this debt arises in Oregon and out of a residential landlord-tenant situation, and neither you nor your father have paid ANYTHING on it for at least a year, the statute of limitations has past and they no longer have a right to forcibly collect on it. You should demand that it be removed from... View More

View More Answers

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.