[OR] How do I challenge a garnishment without involving my former employer?

OR Legal (General)

Jessica B

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It sounds like you're in a tricky situation with the garnishment and considering bankruptcy as an option. Here's what you can do:

Challenge the Garnishment: Since you've received the writ of continuing garnishment and the challenge form, it's important to fill out and submit the challenge to garnishment form (OR Rev Stat § 18.658). This will officially contest the garnishment. Make sure to do this within the timeframe specified in the notice to avoid any default actions against you.
Communicate with Your Former Employer: Since your former employer hasn't received the papers, it might be helpful to keep them informed about the situation. You can explain that they might receive documents related to the garnishment and that you're handling it. If the collections law firm insists on contacting your employer, ensure you have her permission before sharing any contact details.
Consider Bankruptcy: If the debt is overwhelming, bankruptcy could be a viable option. It can halt garnishments and provide a fresh start ( 11 U.S.C. § 362). Consult with a bankruptcy attorney in Oregon to understand the implications and process. They can help determine if this is the right step for you.
Seek Legal Advice: Given the complexity of garnishments and potential bankruptcy, consulting with a local attorney can provide personalized guidance. They can help you navigate the legal system and protect your rights. Please let me know if you have further questions.

State Tax – Challenge to Garnishment form

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Can I just fill out the challenge to garnishment form, or do I have to get the former employer involved? They are referred to as the garnishee by company name. Supposedly they were sent papers that have not arrived.

Lexi, Chatbot

I understand that dealing with garnishment can be stressful. Have you already received any official documents regarding the garnishment?

I don't know.

Lexi, Chatbot

Have you attempted to contact your former employer to confirm whether they received the garnishment papers?

I have received a copy of the writ of continuing garnishment with a notice of exempt property and a challenge to garnishment form for my use.

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you? Rest assured they'll be able to help with your garnishment challenge.

I thought I had to submit the challenge to garnishment, which I think I should still do, and I'm wondering if my former employer will have a problem if she does not respond.

Jessica B

Thank you for choosing AskaLawyer! My name is Jessica and I am a licensed attorney that will be assisting you with your question. I understand you're dealing with a situation involving a challenge to garnishment and concerns about your former employer's response. Have you considered any specific actions or legal steps you might take in response to this situation?

My employer has not received the papers, and the collections law firm asked for an email to her. I said I would have to get her permission to do that. My legal step would be to consider bankruptcy.

Jessica B

It's good that you're considering your former employer's permission before sharing her email. Could you let me know where you're located? This can help me understand the legal context better.

Yes, state of Oregon.

Jessica B

Thanks for letting me know you're in Oregon. Have you had any communication with your former employer about the garnishment papers or the situation in general?

I apologized for her receiving papers about this situation, and she had not received them! She had no idea what I was talking about.

Jessica B

Got it, thanks for explaining. It sounds like your former employer is not aware of the situation yet. Could you tell me a bit more about the garnishment itself? For example, do you know what type of debt it's related to?

Oh no, I explained it to her, that I had a money owing situation that I did not take care of. Since I have not worked for her for a bit, it is a moot point as far as I'm concerned, as she will not be cutting me a check or doing direct deposit. I have had email conversation with her saying I would speak with an attorney to figure this out, and yes the debt is from 2018 for a medical credit card that I never paid off. My weird health issue has sort of derailed my whole life.

Jessica B

It sounds like you're in a tricky situation with the garnishment and considering bankruptcy as an option. Here's what you can do:

Challenge the Garnishment: Since you've received the writ of continuing garnishment and the challenge form, it's important to fill out and submit the challenge to garnishment form (OR Rev Stat § 18.658). This will officially contest the garnishment. Make sure to do this within the timeframe specified in the notice to avoid any default actions against you.
Communicate with Your Former Employer: Since your former employer hasn't received the papers, it might be helpful to keep them informed about the situation. You can explain that they might receive documents related to the garnishment and that you're handling it. If the collections law firm insists on contacting your employer, ensure you have her permission before sharing any contact details.
Consider Bankruptcy: If the debt is overwhelming, bankruptcy could be a viable option. It can halt garnishments and provide a fresh start ( 11 U.S.C. § 362). Consult with a bankruptcy attorney in Oregon to understand the implications and process. They can help determine if this is the right step for you.
Seek Legal Advice: Given the complexity of garnishments and potential bankruptcy, consulting with a local attorney can provide personalized guidance. They can help you navigate the legal system and protect your rights. Please let me know if you have further questions.

I think that will do it. Sounds like I am not obligated to get them her email, and I will certainly fill out the objection or challenge to garnishment. The rep at the collections law firm said that I did not have to do that.

Jessica B

I hope I was able to help resolve your issue! If you have any other questions, feel free to ask.

Thanks Jessica, I appreciate it!

Jessica B

Thank you.

Jessica B

32,109 satisfied customers

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