Hello, I have a debtor examination that is in Lane County, Oregon. It is over 100 miles from where I live.

Asked over 1 year ago - Portland, OR

I live in Portland Oregon. How can I get it moved to the county in which I live? I do not have dependable transportation to get to Lane County. Can I file a continuance or some motion on my own?
Thank you

Attorney answers (2)

  1. Kevin Elliott Parks

    Contributor Level 14

    2

    Lawyers agree

    Answered . If the judgment was entered against you in Lane County, or has otherwise been registered there, the court has the power to compel you to appear there for a debtor's exam. If you fail to do so, an Order of Contempt can be entered against you.

    If the adverse party is likewise located elsewhere, and/or the adverse party's attorney is (say, if both the Creditor and the Creditor's law firm was in Portland) you might be able to confer with the opposing attorney and have the exam re-scheduled to Portland, likely at the opposing attorney's office.

    Courts can allow debtor's exams to take place outside the county courthouse, but often only do so upon the agreement of both parties.

    At this point it appears that your case has already been decided and judgment entered against you. You may well consider hiring an attorney to represent you, as depending on the amount at issue, the facts and circumstances of the underlying case, and also your financial situation, you may be able to negotiate and settle the debt without having to proceed to an exam.

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  2. Troy Austin Pickard

    Contributor Level 17

    Answered . ORS 18.265 (5) says: If the judgment debtor resides more than 100 miles from the place of examination, the judgment debtor shall be required to appear and shall be paid mileage at the time of the hearing as provided for witnesses in ORS 44.415.

    Judgment debtors can also file a motion with the court asking the court to move the examination to a different location, although there is no guarantee that the judge will say yes.

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