Skip to main content
Joanne Reisman

Joanne Reisman’s Answers

1,924 total


  • Is there legal recourse to not have to pay interest on my court ordered wage garnishment?

    A hospital sued me and won, theres a court ordered garnishment judgement against me. The company garnished 1 check in 2013, stated they took too much and had to recalculate. Since then (I've been working consistently but 5 1/2 months) they have ne...

    Joanne’s Answer

    They can just sit back and let the interest accrue, at probably 9%, and garnish you at any time as long as the Judgment remains viable. The Judgment lasts for 10 years but it can be renewed for 10 more, so they have 20 years to collect and they are earning 9% interest. You can of course wipe out the judgment and not ever have to pay them by filing bankruptcy. You might want to explore that option with a local bankruptcy attorney.

    See question 
  • Mediation to simplify divorce

    For brevity, this will be cryptic. Female, 73. Visually disabled. Married 33 years. High debt to income ratio. Husband is 69, semi-retired and he is drawing both a pension and social security. I only receive social security. He is currently...

    Joanne’s Answer

    You need both a divorce attorney and a bankruptcy attorney - preferably one attorney that knows both areas of the law. Get on the phone and find one in your area. You and your husband might benefit from filing a joint bankruptcy and clearing up your debt, but that really depends on what you have in terms of property and you need a bankruptcy attorney to analyze the situation. But sometimes it is better to do the bankruptcy first, then the divorce. Sometimes it works the other way around. Sometimes you don't need a bankruptcy at all, but you just need to know what creditors can and cannot do.

    See question 
  • I have an personal injury case - fall - 2 broken wrists - statue is up nov. 2015 - I have made a settlement demand on my own.

    Need ideas what to say to put pressure on?

    Joanne’s Answer

    slip and fall cases are really hard to prove and there is so much that can go wrong, and that's with an experienced attorney running the case. Running it by yourself you are only digging yourself into a deeper hole. You most likely have liens from your medical insurance provider that will have to be reimbursed unless you got no medical treatment, which is unlikely. Get an attorney and stop thinking you can handle this alone. You can't.

    See question 
  • Length of time a debt collector has to collect in oregon

    Debt collectors

    Joanne’s Answer

    Six years from the date the debt was due or the date of the last payment you made, whichever is more recent. (After Judgment - 10 years plus another 10 if they remember to renew it.) Child support and Spousal support have longer time periods. (Taxes can actually be discharged in bankruptcy after a few years if you meet certain requirements. Bankruptcy will discharge most debts. You would be wise to talk to a bankruptcy attorney as see if that is a viable option for you. )

    See question 
  • Is a Supplemental Judgement still valid if judge left date space blank, but signed it?

    Both parties signed and dated it, however.

    Joanne’s Answer

    A judgment in Oregon is officially entered when the court clerk enters it on the Judgment register of the court. The date of entry is the date that the court clerk enters it on the court register and this starts the deadline for filing a notice of appeal. Here is the Oregon Law on point: http://www.oregonlaws.org/ors/18.075. So while it would have been nice if the Judge had written the date when they signed it, it is not a fatal flaw as the official date the Judgment become effective will be based on the date of entry in the court register.

    See question 
  • Family Services has contacted me suggesting that an allegation has been made against me. It involves senior abuse. It is totally

    Family Services has contacted me suggesting that an allegation has been made against me. It involves senior abuse. It is totally false. Even the person supposedly abused cannot figure out why her son/daughter (not sure which) would accuse me of su...

    Joanne’s Answer

    Let family services talk to the senior show was supposedly abused. If nothing happened, they should be able to figure it out by talking to the supposed victim. Do not meet with family services without having your own attorney present. If that means not talking to them at all, then you don't talk to them. You may not be allowed to care for your friend until the figure out there as no abuse, but at least you won't be helping them build a case against you. Be aware the elder abuse can be physical abuse and/or financial abuse. So there are many aspects to it. Play it safe and don't talk to anyone about this without an attorney being present. This can lead to criminal charges.

    See question 
  • I write a chk to a entity they forward it to debt collector deposits it. Is this legal & does it affirm the debt on my behalf?

    No need to

    Joanne’s Answer

    I am not sure what your question about legality is. I am going to assume that you are concerned that this round about payment will restart the statute of limitations on the debt. Probably because at the end of the day you made the payment knowing it was going to your creditor. If you want to know your options to avoid paying a debt talk to a lawyer first.

    See question 
  • Hi there! Re: REVOCABLE TRUST

    I have a Revocable Trust which was done in California (includes Will, Advance Directives, etc.) I no longer own property in California, but do in Oregon (the Trust does have the old California property in it). I have the new property in Oregon l...

    Joanne’s Answer

    You should always consult with a lawyer when you move to another state to make sure you estate plans are adequate given that your new state may have different laws. Your prior documents probably specify that California law applies to the interpretation and this will cause Oregon lawyers where your estate is most likely to be handled to have to worry about applying California law which they are not likely to be familiar with. There can be other differences like tax laws. Oregon has an estate tax that kicks in with only 1 million dollars of assets so that can be a shock for people moving here from a state with a higher threshold. You may or may not have to redo your documents. But it isn't that hard to correct and republish your rvlt if that is what you choose to do.

    See question 
  • Our Dad passed away in January, 2015. His widow is saying that we have to pay the 2014 taxes.

    They kept their accounts separate except they had a JOINT ACCOUNT to pay household bills. She kept all the money in the joint account upon his death. I would think she would have to pay the $1600.00 of taxes. She is saying the taxes came from u...

    Joanne’s Answer

    The taxes are due to taking money out of an account that I would assume was a tax deferred retirement account. If your father was alive at that time, it was his money and the taxes are his tax debt. His estate would be liable to pay the taxes. Now your father may have intended that you take "a little more" to have enough money to also pay the taxes due on the money you took out. It isn't clear if that is what was intended. But the tax liability can not be viewed in a vacuum. The income reportable for this withdrawal is reportable on your father's 2014 income tax return because the money was taken out in 2014, when apparently he was still alive. His 2014 income tax return may also have other income that is reportable and other expenses, such as the medical bills from his final illness. If you used the money to pay his funeral expenses, that can be a tax deductible expense that can be taken in 2015, possibly from your dad's final 2015 tax return. You really need to talk to a CPA to figure this out and then review the situation with his widow. She may be able to use the funeral expense deduction in 2015, even though you paid it with your father's money. There may be a way to work this out once all the parties have a good understanding of the tax law.

    See question