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Oregon Collections Questions & Answers
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.

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 15, 2022

You may still be able to get to the property, but you'll need to review the matter with a lawyer.

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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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read more »

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.

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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... Read 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.

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... Read 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?... Read more »

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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... Read 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... Read 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... Read 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... Read 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... Read 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

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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,... Read 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... Read more »

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