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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 33167
Experience:  JD, BBA Over 25 years legal and business experience.
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In Oregon, Is it legal for a creditor to garnish wages to pay

Customer Question

In Oregon, Is it legal for a creditor to garnish wages to pay a bill that was originally a MEDICAL bill ?
Submitted: 3 years ago.
Category: Legal
Expert:  Tina replied 3 years ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. Before I can give you an accurate answer to your question, please provide the following additional information:

Does the creditor have a judgment against the debtor?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 3 years ago.
A collection agency is acting as the one owed, when in fact it is the hospital. The hospital has my
bill and shows the payments and updated amount due
Wouldn't the hospital in fact be the creditor and not
the collection agency?
Customer: replied 3 years ago.
A collection agency is acting as the one owed, when in fact it is the hospital. The hospital has my
bill and shows the payments and updated amount due
Wouldn't the hospital in fact be the creditor and not
the collection agency? The collection agency has
A judgement and writ and they're pushing in ways
that seem counterintuitive to the hospital receiving
the amount of money I do owe them.
Expert:  Tina replied 3 years ago.

Hello again, Sarah, and thank you for the additional information.

If the collection agency purchased the debt, then they would typically have the right to pursue a lawsuit against the debtor in their name. So I would normally request that they produce documentation to show they purchased the debt. Otherwise, they would not typically be the real party in interest, but would be acting as an agent on behalf of the hospital and the suit must be filed in the hospital's name, not the collection agency's name.

It is possible that the agency purchased the debt though and that could explain why they are suing in their name instead of the hospital's name.

They can obtain a garnishment if the court enters a judgment in their favor against you unfortunately. It is lawful for them to garnish wages or attach other assets if they do obtain a judgment. I'm sorry.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina