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Michelle Kathleen Freed

Michelle Freed’s Answers

32 total

  • Can I countersue on a frivolous Lawsuit

    I won in arbitration against a junk debt collector. They are appealing the descision and are requesting a trial de novo without jury. They can't prove the debt is mine. Fighting this is putting a huge strain on me. Can I countersue them for fi...

    Michelle’s Answer

    I agree with Mr. Abbott. You should seek the advice of a consumer or debtor's side attorney who can help you to identify whether you have a valid counterclaim, or separate cause of action, and whether you are able to bring either. You should not have to pay for this consultation.

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  • In Oregon is it legal for a collection agency to garnish the husband's wages if the wife incurred the medical bill?

    Requested proof of the debt from the collection agency and in that time instead of responding to the request collection agency started garnishing wages without responding to the request for proof of debt.

    Michelle’s Answer

    In Oregon both husband and wife are jointly liable for the cost of medical services rendered to one spouse. If your husband's wages are being garnished, then he (and perhaps you) have already been sued for this debt and a judgment entered. At this point, the creditor is under no obligation to provide proof of the debt, though most collection agencies would send you a copy of the judgment upon request.

    You should contact the collection agency again and renew your request to see a copy of the judgment. You should be able to set up a payment plan, though some collection agencies will want to wait until the current garnishment expires (90 days from when it was issued) before accepting voluntary payments.

    If you believe that the collection agency is acting unlawfully, or if you are having difficulty in establishing a voluntary payment plan, you should reach out to an attorney. Most bankruptcy and consumer attorneys, will offer a free consultation.

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  • Domestic Relations order - Judgment Can my bank account be levied even though I pay 65% of my pay towards support already.

    I recently had a child support order that was processed 2 years after the child was born. There is now a substantial arrears amount. A child support order has been sent to my employment garnishing my check every pay day. I have also received ...

    Michelle’s Answer

    • Selected as best answer

    If the only money in your bank account is clearly identifiable as wages you brought home after the income withholding, then your bank account should not be subject to garnishment. Your income withholding is at the maximum level allowed by law already, so garnishing the 35% of wages you keep in the bank would be unlawful. If by chance your bank account is garnished, you should immediately file a challenge to the garnishment.

    I respectfully disagree that a chapter 13 bankruptcy could result in a refund of some of this garnished money as a preference. The bankruptcy code specifically excludes payments made as a result of domestic support obligation from what constitutes a preference. There may be other benefits to you filing a Chapter 13 bankruptcy however, namely, you may be able to get caught up on the arrears over a longer period of time. For that reason, I agree that you should speak to a bankruptcy attorney to discuss your options.

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

    I received a summons for a medical bill. I was unconscious when admitted to hospital and “services” were rendered. Is interest allowed on medical debt that was not voluntarily acquired? How about after a judgment is made, can interest continue t...

    Michelle’s Answer

    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.

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  • Ex wife accrued medical debts in her name without my knowledge am i responsible if i was out of state/country?

    ex wife went to several different hospitals and accrued several large debts in 2008. because of privacy laws(and after the bills went to collections) the hospital would not release billing information to me because it was not under my insurance o...

    Michelle’s Answer

    If you were separated at the time, with no intention of reconciliation, then you should be able to refute that this was a family expense for which you should be held liable. If you have provided proof of your separation and the collection agency is refusing to work with you on this, you should speak with an attorney.

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

    Stellar Recovery called me about a cable bill. I advised them would be paid few weeks and asked that they not call my cell number. They assured me would remove but now they have it on an automated dialer each day they leave messages and wont stop ...

    Michelle’s Answer

    • Selected as best answer

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

    I recently received a letter from a lawyer, stating that I owe over $30,000 from a debt that was in 2004. I live in Oregon and looked up the statute of limitations, and it was 6 years. They are threatening my wages for garnishment.

    Michelle’s Answer

    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 meet with you at no charge.

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

    I have a collections account on my credit report that is past the SOL in my state to collect on and was scheduled to fall of my credit report early next year. I just checked my credit report and noticed that they have re-aged the collections acco...

    Michelle’s Answer

    • Selected as best answer

    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 this consultation as most firms, including our own, will offer free consultations for consumer matters such as this.

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  • Wage garnishment for $2864.60 served Dec 10, 2013 by Sheriff to payroll clerk.. No response forthcoming. What do we do now?

    Debtor is employee of hospital. Debtor's work dept was included on garnishment form. We received copy of garnishment form from court administrator & Sheriff's office. It has been over 30 days and we have not received anything from the debtor...

    Michelle’s Answer

    The garnishee is required to answer the writ of garnishment. Failure to do so can subject the garnishee to liability if you take the proper steps. I agree that you should speak with an attorney about options moving forward.

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  • Do I need to seek legal advice?

    I recently received an itemized letter from a collection agency stating that I have over $4000 in unpaid medical bills. During the time of the medical visits, though I was 18, I was either in High School or a full time college student and had my ...

    Michelle’s Answer

    If you have already received an itemized letter with the charges, then you've likely received the verification that the law requires be provided to you after you dispute. If you were 18 at the time services were rendered, then you are probably on the hook for the charges. Interest accrues in Oregon at the rate of 9%, so interest can add up quickly.

    If you have other debts, you may consider a bankruptcy. Most bankruptcy attorneys, like our office, offer free consultations. If a bankruptcy isn't right for you, I would still suggest you consult with an attorney. This consultation can help screen for potential errors or violations on the part of a creditor. In addition, to the extent you owe the debt, an attorney may be able to get you more favorable repayment terms.

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