At the outset we need to distinguish between “civil” lawsuits and “criminal” lawsuits. This information pertains to civil lawsuits only and, since we are lawyers who help with debt problems, this is really designed to aid people being sued by a creditor for money. If you are being charged with a crime (I.e. “State v. […]
Michael O’Brien’s Blog
What if the garnishment is improper?
It is highly unlikely – but not impossible – that you can challenge the garnishment as improper. Except in very rare circumstances, a garnishment cannot be issued until a creditor obtains a “Judgment” against you. A judgment is simply a paper signed by a Judge that confirms you owe Creditor an amount of money. In […]
What can I do to stop an Oregon Wage Garnishment?
The first step is to pick up the phone. Every garnishment issued in Oregon will have the name of the creditor and a phone number to call. Call them up and talk. Before telling them the garnishment is improper read: What if the garnishment is improper?. The better approach is to ask to set up […]
Is there a difference between an Oregon Wage Garnishment and an Oregon Bank Garnishment?
Yes. On Oregon wage garnishment can last for up to 90 days and while active your employer is required to take a portion of your earnings and send it to your garnishing creditor. If you have not done so yet, click here to access our Oregon Wage Garnishment Estimator. When a creditor issues a garnishment […]
Why wasn’t I notified of this garnishment?
Under Oregon law, a creditor garnishing your wages must provide you a copy of the garnishment but not in advance of delivering the garnishment to your employer or payroll service. Usually a garnishment is hand delivered to an employer and then mailed to you. In other words, by the time you find out about an […]
