Lawyers, Answer Questions  & Get Points Log In

Oregon Collections Questions & Answers

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 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,... Read more »

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 »

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... Read more »

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

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... Read 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... Read more »

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

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... Read more »

View More Answers

1 Answer | Asked in Collections and Probate for Oregon on

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

She & her husband borrowed the $ for a house from my mom& stepdad. The verbal agreement was to fix it up, since her husband was a general contractor, and sell it, then pay them back. They never fixed it up & sold it, she bought a new house and lives there. My mom got divorced and she said that my... Read more »

Gregory L Abbott answered on Mar 8, 2018

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... Read more »

1 Answer | Asked in Family Law, Child Custody, Child Support and Collections for Oregon on

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

above to be credited to be credited and satisfied in full. All sums due have been paid or otherwise satisfied in full and the judgement debtor does not owe any further sums to the state of oregon in connection with the money award for parentage cost". what does this mean

Joanne Reisman answered on Dec 31, 2017

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... Read more »

1 Answer | Asked in Contracts, Collections, Landlord - Tenant and Small Claims for Oregon on

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

the lease so that they didn't have to pay a deposit.

ABC discussed it with DE and agreed that since there was some damages left and items left that when DE moved out they would pay back 1200 of the initial 1400 lease deposit to ABC.

DE finally moved out and got 1000 back.... Read more »

Gregory L Abbott answered on Sep 28, 2017

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... Read more »

2 Answers | Asked in Bankruptcy, Consumer Law and Collections for Oregon on

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

What do I do once I receive the summons? Do I need a lawyer? I want to take care of this debt and pay the balance that I owe. But I do not want my wages garnished. What can I do?

Joanne Reisman answered on May 4, 2017

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... Read more »

View More Answers

1 Answer | Asked in Employment Law and Collections for Oregon on

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

Filed because they said I was overpayed

Mr. Michael O. Stevens answered on Feb 24, 2017

Not sure, but it sounds like you were overpaid for unemployment, and they are attempting to recover the over payment.

1 Answer | Asked in Elder Law, Collections and Estate Planning for Oregon on

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

constant calls from banks. I don't answer because I'm afraid. The will won't be probated because there are no assets. What should I do?

Vincent J. Bernabei answered on Jan 23, 2017

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... Read more »

1 Answer | Asked in Collections for Oregon on

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

An attorneys office told my son that his License has been suspended and that they require $150.00 to restart the payment arrangement and the 150 would include his Reinstatement fee for the DMV, as they have the power to have it suspended for non-payment.

My son had a payment agreement with... Read more »

Mr. Michael O. Stevens answered on Dec 8, 2016

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... Read more »

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.