Michelle Kathleen Freed’s Answers

Michelle Kathleen Freed

Portland Chapter 7 Bankruptcy Attorney.

Contributor Level 8
  1. I received a summons from credit card company 1.5 months after the response was due...Did they already pass judgment on me?

    Answered over 1 year ago.

    1. Michelle Kathleen Freed
    2. Dorothy G Bunce
    3. Diane L Gruber
    3 lawyer answers

    The date on the summons and complaint is largely irrelevant. The date you need to pay attention to is the date that you were served. If you received the summons via your PO Box, it sounds like there may be some problems with service, though the Plaintiff may have received special permission from the court to have you served that way. I understand money being tight, but I would recommend you meet with an attorney to discuss your options. You should seek guidance on how to respond to the...

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  2. Can I sue a collection agency for them not removing my cell# after i told them on recording to stop calling? 3rd party agency.

    Answered 4 months ago.

    1. Michelle Kathleen Freed
    2. Michael R Blaskowsky
    2 lawyer answers

    If you have asked that a collection agency no longer contact you by phone, and it continues to do so, the agency has likely violated the Fair Debt Collection Practices Act. I would recommend you speak with an attorney regarding this situation. Most consumer attorneys, including our office, offer free consultations.

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  3. What can I do if a collection agency re ages a debt to extend the Statue of Limitations (SOL)?

    Answered 6 months ago.

    1. Michelle Kathleen Freed
    2. Brett D Weiss
    3. Frederick Edward Davis
    3 lawyer answers

    If you or a co-signer on the account have not made payment or used the account for the applicable statute of limitations, then you cannot be sued for it. The time frame that a delinquent account appears on your credit report may be different than the statute of limitations. If you believe that the creditor has falsified information, or that it is being inaccurately reported to the credit bureaus, I highly recommend that you contact an attorney for assistance. You should not have to pay for...

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  4. Is post judgement interest allowed in Oregon on medical debt acquired while unconscious?

    Answered about 2 months ago.

    1. Michelle Kathleen Freed
    2. L. Maxwell Taylor
    3. Michael Christopher Burr
    3 lawyer answers

    Interest is allowed in Oregon, by statute, at the rate of 9%. This can accrue from the time the bill becomes due, and continues to accrue post-judgment. If you believe that the creditor has incorrectly calculated the interest or is otherwise overcharging you, you should consult with a consumer attorney.

    4 lawyers agreed with this answer

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  5. Can I be garnished for a debt that is over 10 years old?

    Answered 6 months ago.

    1. Michelle Kathleen Freed
    2. Michael R Blaskowsky
    3. Tim L Eblen
    4. Kevin Elliott Parks
    5. Shaye Larkin
    6. ···
    7 lawyer answers

    If the creditor has a judgment against you, they can collect on the judgment for ten years. At the ten year mark, the creditor can renew the judgment for an additional ten years. Practically speaking, the creditor has twenty years from entry of judgment to collect. If the creditor has not sued you, you should speak to an attorney right away to determine if the creditor has violated any consumer protection or debt collection laws. Nearly all consumer attorneys, including our office, will...

    5 lawyers agreed with this answer

  6. Oregon garnishment question?

    Answered almost 2 years ago.

    1. Michelle Kathleen Freed
    1 lawyer answer

    A garnishment served upon the employer acts to garnish wages for 90 days. A new garnishment can be served at the end of the 90 days, so that the garnishment runs continuously. Interest can accrue on the judgment balance. Unless a contract allows for a higher rate, the creditor is likely charging 9% interest, which is the statutorily allowed interest rate in Oregon. If you are being garnished, or have other debts besides the current garnishment, you would be well-advised to meet with a...

    5 lawyers agreed with this answer

  7. Am I liable for my husband's medical debt in Oregon? Still happily married!

    Answered over 1 year ago.

    1. Michelle Kathleen Freed
    1 lawyer answer

    In Oregon, a spouse is liable for the other spouse's medical debt, even if you never signed any paperwork agreeing to be liable. Even though you filed a chapter 7 a few years ago, a chapter 13 may still be an option. Depending on your circumstances, a 13 could also help you to keep your home. I would suggest you consult with a bankruptcy attorney to determine your options. Most offices, like mine, offer free consultations.

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  8. How can I buy some time on a wage garnishment in Oregon?

    Answered over 1 year ago.

    1. Alexzander C. J. Adams
    2. Michelle Kathleen Freed
    3. Thomas A McAvity
    3 lawyer answers

    Unfortunately, there really isn't anything you can do once a writ of garnishment has been served to slow down the process. other than to file your bnakruptcy. Sometimes, though rarely, a creditor will release the writ of garnishment if you establish a payment plan. The creditor will not do this if it is aware of your intention to file a bankruptcy. If you are currently working with an attorney who is not adequately answering your questions, I encourage you to schedule a time to sit down...

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  9. What should I do to stop garnishments because my ex wife was ordered to pay the debt by a judge?

    Answered over 1 year ago.

    1. Michelle Kathleen Freed
    2. Robert Edward Tardif Jr.
    3. Jay Bodzin
    3 lawyer answers

    I agree with the answer above. Your divorce decree does not prevent the creditor from garnishing you. You should speak to an attorney about your options for dealing with the debt/creditor, or bankruptcy options. Even if you decide to pay the debt, continued garnishment will cost you more over time, so you're better off establishing a voluntary payment plan. Most debt/credit law offices, like mine, will offer a free consultation.

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  10. I owe $8,600 in credit card debt that has been assigned to a collection agency, should I file bankruptcy?

    Answered over 1 year ago.

    1. Michelle Kathleen Freed
    2. Tom Arany
    3. Jay Bodzin
    4. Thomas A McAvity
    5. Dorothy G Bunce
    5 lawyer answers

    There are many factors that need to be explored before anyone can tell you whether you should file a bankruptcy. From your brief description regarding your assets, it is possible that the creditor will not be able to collect from you, but there are more nuanced issues to look into. I would recommend you consult with a bankruptcy attorney.

    4 lawyers agreed with this answer