Oregon Collections Questions & Answers

Q: Is there a statute of limitations in Oregon for an attorney to collect unpaid attorney fees from a previous client?

1 Answer | Asked in Consumer Law and Collections for Oregon on
Answered on Feb 18, 2019
Gregory L Abbott's answer
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 collection agency, you may have claims for unlawful debt collection practices. The only real way to know much is to simply gather everything and review it all with a local collections or consumer law attorney.

Q: Does the use of a unenforceable contract in small claims court rob the court of Subject Mater Jurisdiction?

1 Answer | Asked in Civil Litigation, Contracts, Collections and Small Claims for Oregon on
Answered on Dec 22, 2018
Daniel DiCicco's answer
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 than to just pay it. You could try to do it pro se. You'd have to have a fairly compelling reason to set aside the default judgment.

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

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

Q: Filing a claim against a co-signer who ran away without my knowledge. Not living in the same place.

1 Answer | Asked in Collections, Landlord - Tenant and Small Claims for Oregon on
Answered on Oct 26, 2018
Gregory L Abbott's answer
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 circuit court, it stays there - she has no choice. The real question is whether you can collect from her even if you win in court and get a Judgment against her. If you think yes, then it may be worth...

Q: Steps to vacate a default judgement in Multnomah County Oregon if the plaintiff used void contract as basis of claim?

2 Answers | Asked in Collections for Oregon on
Answered on Oct 8, 2018
Mr. Michael O. Stevens' answer
As a general proposition, you have six months to vacate a default judgment.

Q: I had a few items that went to collections.these cases are over 20years old. And there asking an outrageous amount $$$

1 Answer | Asked in Collections for Oregon on
Answered on Sep 21, 2018
Gregory L Abbott's answer
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 collection practice. If you mean that it is trying to be collected on by a collection agency or creditor still, but it never went to court and there is no Judgment, then you are correct that a...

Q: Can money be garnished from my trust fund inheritance check when I cash it? If I owe student loan money?

1 Answer | Asked in Estate Planning, Collections and Elder Law for Oregon on
Answered on Jun 29, 2018
Joanne Reisman's answer
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 papers on the person who is cashing your check.

The fact that you owe student loans means you have a debt and the debt has special characteristics being that it is a student loan. Whoever is...

Q: I got a summons for small claims court. The paper didnt come to my address it went to my moms.

1 Answer | Asked in Collections for Oregon on
Answered on May 22, 2018
Gregory L Abbott's answer
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 everything with an attorney before filing that appearance but you would need to do so before that 14 day period is up to protect yourself. The attorney could not represent you in small claims court...

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?

1 Answer | Asked in Consumer Law and Collections for Oregon on
Answered on May 10, 2018
Gregory L Abbott's answer
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 your time frame to object to it. But I don't see what claims you might have otherwise. They simply give you another set of the paperwork and how are you damaged? Besides, I don't know what you mean...

Q: Should I let my long ago failure-to-pay-rent debt run its 7.5 year course?

2 Answers | Asked in Collections and Landlord - Tenant for Oregon on
Answered on Mar 16, 2018
Gregory L Abbott's answer
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 your credit record as as actively due debt. If the collection agency has actively been trying to collect on it, you m

Q: My sister borrowed money years ago from my mom, never paid it back. Mom passed, she's executor. Doesn't she still owe?

1 Answer | Asked in Collections and Probate for Oregon on
Answered on Mar 8, 2018
Gregory L Abbott's answer
Being the executor does not change or affect whether your sister owes the money or not. The real question is whether the "loan" is legally enforceable and how long it has gone on. It sounds as if there is nothing in writing, not even an IOU, and, as noted, how long it has been since she was supposed to repay it and hasn't. Review it all with a local collections attorney if you really want to know. If it does appear to be enforceable, then you need to be sure the probate court is made aware...

Q: I received a letter and I don't understand it. the end says " I herby authorize the parentage test money award indicated

1 Answer | Asked in Family Law, Child Custody, Child Support and Collections for Oregon on
Answered on Dec 31, 2017
Joanne Reisman's answer
Heck if I know. Please don't quote a single sentence out of a letter with no explanation of the full situation and expect some attorney to risk malpractice by giving an anonymous stranger legal advice on the internet. It getting good legal advice is important to you, you need to contact an attorney directly and make an appointment. Yes you will probably have to pay for the consultation but you can go to see an attorney for as little as $35 if you use the Lawyer referral program at the Oregon...

Q: A,B,C moved into an apartment and equally paid 1400 in deposit. They moved out 1yr later and allowed D,E to sign onto

1 Answer | Asked in Contracts, Collections, Landlord - Tenant and Small Claims for Oregon on
Answered on Sep 28, 2017
Gregory L Abbott's answer
It is unclear exactly what has happened or the relationship between the parties. It also is unclear what you mean by ABC allowed DE to sign onto the lease so they didn't have to pay a deposit. Are you saying all 5 were on the same lease, secured by the original security deposit? Or did DE replace ABC? Regardless, this is all screwed up enough that only a careful and full understanding of ALL the exact details can allow a reasonable answer as to who should get how much. In the end, anyone...

Q: I have received a summons for a debt that I am responsible for. I am not sure what I need to do?

2 Answers | Asked in Bankruptcy, Consumer Law and Collections for Oregon on
Answered on May 4, 2017
Joanne Reisman's answer
I would contact a lawyer, preferably one that deals with bankruptcy and debt issues. I know you want to take care of this debt but before you do pay it, you might want to know if bankruptcy is a better option which it might be if you have a lot of other debts. I see people struggle to pay one debt only to finally file bankruptcy when other creditors later show up. All they money the paid for the first debt is just gone and they still file bankruptcy. Economically you usually come out ahead...

Q: What is a distant warrant and writ to execute filed by Oregon employment dept. mean?

1 Answer | Asked in Employment Law and Collections for Oregon on
Answered on Feb 24, 2017
Mr. Michael O. Stevens' answer
Not sure, but it sounds like you were overpaid for unemployment, and they are attempting to recover the over payment.

Q: My dh died 12/23/16. He told me to mark any bills directed soley to him "deceased" and return. Now I am getting

1 Answer | Asked in Elder Law, Collections and Estate Planning for Oregon on
Answered on Jan 23, 2017
Vincent J. Bernabei's answer
If the bills are in the deceased's name alone, and are not liens on any property (for example, a mortgage) you are not obligated to pay the bills. The deceased's creditors can start a probate of his estate, but if there are no assets, the creditors won't bother. You should tell the callers to stop calling you.

Q: Can an attorneys office, collecting a debt, LIE to you and give false information like your license being suspended?

1 Answer | Asked in Collections for Oregon on
Answered on Dec 8, 2016
Mr. Michael O. Stevens' answer
The Oregon Rules of Professional Conduct would prohibit a material misstatement. Most states have similar rules, but no idea as to if this was a legitimate law firm or even an attorney. Even if it was a staff person at a firm, the attorney could get in trouble. I would suggest contacting the state bar.

Q: I need to know where to start and what to do as an individual trying to gain repayment of a friend to friend loan.

1 Answer | Asked in Collections for Oregon on
Answered on Mar 3, 2016
Mr. Michael O. Stevens' answer
I would suggest waiting to get things in writing, as at the moment it would be hard for you to prove what the repayment terms were. As in, when does she have to start repaying you.

Q: If money was leant to someone with no set repayment terms, do I have the right to ask for the person to repay the money?

1 Answer | Asked in Collections and Contracts for Oregon on
Answered on Feb 29, 2016
Mr. Michael O. Stevens' answer
Yes, you do have a right to ask, but the problem becomes what are the terms? As in, when is repayment due? You might send an ORS 20.082 letter and inform them that you will hire an attorney to deal with this if they do not come to terms with some sort of plan. Then set up a plan and have them sign off on it so you have later recourse to collect.

Q: Should I have to pay attorney fees from a case that was dismissed, from a crime I was falsely accused of out of spite?

2 Answers | Asked in Collections and Criminal Law for Oregon on
Answered on Nov 7, 2015
Robert Jason De Groot's answer
If the people who lied are not judgment proof, perhaps you could file a malicious prosecution action against them, if such a cause is available in your jurisdiction. The problem with that is that you will probably have to pay an attorney to do this.

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