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Oregon Wage Garnishment Help Please!

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    Oregon Wage Garnishment Help Please!

    Hi there,

    I was hoping you guys could give me a little advice. I am living in the state of Oregon. I have an old credit card from around 2000 that went to collections a long time ago. The original amount was probably for around $1,200 and I made a few payments on it when I had the money. Anyway, I recently received a letter that I was being garnished (never had a court hearing, but admittedly ignored previous threats of legal action) for the original amount plus about 3 grand in attorney fees. The strange thing is, they have my old employer listed (and they didn't actually pay us anything, we were independent contractors). I am currently an unemployed student with NO income or assets (barely getting by as it is), basically living off of financial aid and money from parents/bf to get me through the summer. I don't want to file bankruptcy either. What other ways are they able to go after me if not by my wages, income, or assets? What are my rights and am I able to appeal? FYI, I will be graduating soon and have plans to leave the country to teach for a year...



    Thanks for your help!
    Broke student

    #2
    Also, I had my previous employer sign a letter stating I am no longer an employee and that we never received wages.

    I don't own a car and simply rent an apartment.

    Thanks again!

    Comment


      #3
      What else is there, besides wages, income or assets? But seriously, they can levy your bank account, so you may need to go underground until you leave for South Korea or whichever Pacific Rim country you are going to teach english ( I am just guessing that is what your plans are).

      Good Luck
      Disclaimer: I am not an actor on TV, but I play a BK Paralegal in real life. Nothing I say should be construed as legal advice, or really anything but entertainment. Please seek out professional help.

      Comment


        #4
        Yeah, BK, that's what I was wondering... what can they really do? I feel strange about doing nothing though and would like to get them off my back. My question is whether I should file an exemption or anything like that? Is cash considered exempt? Or what about if you're unemployed?

        Also, my concern is that they will start contacting my family once I leave the country and they can't locate me. Good guess, I am going to Asia .

        Thanks!

        Comment


          #5
          Go underground, right before you leave the country or right after is better, send them a notice that you are out of the country. Save your money and when you get back, call the original creditor and negotiate a cash settlement of 20 to 30 cents on the dollar, and that you want the negative marks on your credit report removed.
          Disclaimer: I am not an actor on TV, but I play a BK Paralegal in real life. Nothing I say should be construed as legal advice, or really anything but entertainment. Please seek out professional help.

          Comment


            #6
            Ok, so don't tell them I'm leaving the country until right before I leave? In the meantime do nothing? If they are going to get into my bank account do they need to get a court order or can they do it without my knowledge? Do they have the right to contact my family if they can't locate me?

            Thanks BK

            Comment


              #7
              Yes they can contact your family, FDCPA laws state they can't tell them why. And it sounds like they have a writ of garnishment from suing you and this allows them to levy your account and any account that your name is on even if it belongs to someone else.
              Disclaimer: I am not an actor on TV, but I play a BK Paralegal in real life. Nothing I say should be construed as legal advice, or really anything but entertainment. Please seek out professional help.

              Comment


                #8
                Meh, so they can get in my bank account whenever, even though it only states they are garnishing my wages? They could probably send my family letters and they could find out that way (I'd rather them not know about this).

                Comment


                  #9
                  Did you list them or anyone else as personal references when you got the credit card?
                  Disclaimer: I am not an actor on TV, but I play a BK Paralegal in real life. Nothing I say should be construed as legal advice, or really anything but entertainment. Please seek out professional help.

                  Comment


                    #10
                    Doubtful, but I'm sure they can still find them... they are listed and their address is on my credit report

                    Comment


                      #11
                      You can do 1 of 2 things, not worry about it until it comes up, if ever. or go to your parents crying and tell them that your ex-boyfriend, from 3 years ago, took your credit card and ran up the bill and never told you( I would cry a whole lot at this point). Then tell your parents you tried to get in touch with him to make him pay for it but you found out he died in a horrible Cotton gin accident( cry a lot more at this point). Case closed.

                      Good Luck
                      Disclaimer: I am not an actor on TV, but I play a BK Paralegal in real life. Nothing I say should be construed as legal advice, or really anything but entertainment. Please seek out professional help.

                      Comment


                        #12
                        I was only looking for serious advice, thanks.

                        Comment


                          #13
                          Seriously?
                          Disclaimer: I am not an actor on TV, but I play a BK Paralegal in real life. Nothing I say should be construed as legal advice, or really anything but entertainment. Please seek out professional help.

                          Comment


                            #14
                            I ran my credit and this card doesn't show up anymore. I'm thinking because it was so long ago, is it legal to pursue this after so long?

                            Comment


                              #15
                              Originally posted by tiggersmama View Post
                              I ran my credit and this card doesn't show up anymore. I'm thinking because it was so long ago, is it legal to pursue this after so long?

                              It wouldn't seem so. In California, I believe that a debt is stale (uncollectable) after 5 years of no activity on either side.

                              When was the last payment you made and when did they get the judgement?

                              Do you have the case number from the judgement? You should be able go to your local county's website and look up the case number to find the dates on any legal action that has been taken thus far.

                              ep
                              California Bankruptcy Central

                              Comment

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