Hello Lawyers...Ok, I have a question about debt collection(from ccard debt) in Oregon/Multnomah County, where a judgement (in the amount of nearly $13,000) has already been handed down against a friend of mine. He has already received a writ of garnishment, the first of which happened almost a week ago where ALL of the money in his bank acct (almost $1200) was garnished. He is currently unemployed, living in a house (property deed is in his name as well as both his parents), has a car (in his mothers name) and is being supported by his parents (who do not live in the state of Oregon) by way of a monthly check sent to him then deposited in his bank acct. I guess my question is whether or not he needs to worry about this affecting his parents at all, mainly the house and the car?
It won't affect his parents, but the money he is putting into his account from his parents can be taken, along with any other money in there, unless it is from an exempt source like unemployment. The car could be exempt (depends on value) as could the house, assuming there is any equity in it. He probably needs to consult with a bankruptcy attorney.
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I believe the garnishment is proper. You also mention that the deed to the house is in his name and his parents names. I am guessing the parents added his name as an estate planning effort. The judgment is now a lien on (his interest in) the house. This is a good illustration of the reason this kind of estate planning is unwise. If the car is really his, and the creditor can prove it, the car might be subject to execution to enforce the judgment, although it is unlikely creditor would know or pursue that remedy. The parents should have no personal liability.
This comment is general in nature and is not intended as legal advice. It does not create an attorney client relationship and obviously is not confidential. You should contact an attorney in your area who can review with you all of the relevant facts and give you specific legal advice.
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