Articles Tagged with debt collection

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There are no official Oregon garnishment forms for non-government employees garnishing someone else’s wages (or defending against garnishment of one’s own wages).  But there is still a lot of useful information online and you can look at the sample forms the state uses.

These may be helpful in theory, but if you are acting on your own behalf, not representing a state or local government agency, you must look at the laws on wage garnishment in the Oregon Revised Statutes (ORS) and the Oregon Administrative Rules (OAR) before using any unofficial sample forms to draft your own documents.
Keep in mind that garnishment is only one tool to use when collecting on judgments and since each person’s situation is different and since the laws protect both creditors and debtors, you must do your research before filing any forms.
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I recently posted about the King County (Washington State) debt collection research guides and woefully neglected to link my readers to the excellent OREGON debt collection legal research guides at the Lane County Law Library. Use their Research Guide Index to find Debt Collection and many other useful guides.

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The King County (WA) Law Library has an excellent: Debt Collection Lawsuit Research Guide. The state law links are to Washington State laws, but the other information and federal law links apply to everyone. There is also a podcast with additional information on this subject.

Excerpt from the research guide: “What is a Debt Collection Lawsuit?

A debt is a sum of money owed by one person to another. A lawsuit is a legal action by one person or entity against another person or entity, which is decided in a court of law. A debt collection lawsuit is started in a court by a “cause of action” as the particular amount of money owed. The person or entity starting the lawsuit is the plaintiff. (Definition from: http://dictionary.law.com/).

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Take a look at the Lane County Law Library Index to Legal Research Guides. It’s excellent and will just get better and better. They link to useful legal research guides from Northwest law libraries:

· Adoption
· Oregon Administrative Rules
· Bankruptcy
· Obtaining Birth Certificates
· Border Crossing Guide
· How to Find Oregon Appellate Court Briefs
· Consumer Information/Protection
· Criminal Law and Procedure in Oregon
· Debt Collection–Creditor’s Rights
· Foreclosure, Repossession and Liens
· Oregon Forms
· Landlord/Tenant
· How To Find A Lawyer In Oregon
· Oregon Legal Ethics
· Researching Oregon Legislative History
· Oregon Legislative Records
· Medical Malpractice Issues: Research Sources
· Name Changes in Oregon
· Using the Oregon Revised Statutes
· Finding Public Records in Oregon
· Small Claims Court and Procedures
· Traffic Violations

And, if you’re a Northwest law librarian with a legal research guide not included in this list, let the Lane County Law Librarian know!

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We occasionally get questions from people who want to set up business as debt collectors. It’s a tough business and I recommend an apprenticeship first, but who am I to stop the dreamers who want to set up shop, in the food business, in retail, in debt collection, in private investigation, or any other small business endeavor.

Librarians like dreamers and some of our small business dreamers manage to make their dreams come true.

We also like dreamers who do their legal research. There are a lot of small business research resources all over the Internet, including the ones you’ll find at your public library and others like this Small Business Legal Clinic (and I blogged about it here).

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From the Washington County (Oregon) Law Librarian:

The flurry of debt collector news stories this past week leads me to post a few of the places to start your research if you have unpaid bills and debt collectors contacting you – and if you want to speak out to your state legislators (just in time for the beginning of the 2009 Oregon Legislative Session).

The (mostly local) stories I refer to (and surely not a comprehensive list in this economic climate) include:

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***Update: See the 4/2/12 post on recent Court of Appeals cases related to the statute of limitations for debt collection in Oregon***

We’ve been getting a run of questions from people who want to know the statute of limitations on their consumer debts, but the length of this blog post got away from me once I realized how interesting (and relevant!) this subject is in these tumultuous days of “lendor industry meltdown,” though the little guy, once again, may be getting short shrift.

If you are contacted about a debt (paid or unpaid), our recommendations:

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Please see update at the November 26, 2010, Bankruptcy post.

The Oregon State Bar (OSB) Debtor-Creditor Section has some useful links for the average person at their Consumer web page.

It includes information on their Bankruptcy Clinic. Even though the web page does not seem to have been updated since 2007, I know for a fact that they have a 2008 schedule of these clinics, so give them a call, through their Legal Aid Services of Oregon partners.