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  1. #1
    Join Date
    Aug 2012
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    1

    Default Garnished Over an Eight Year Old Judgment from Medical Debt

    My question involves collection proceedings in the State of: oregon
    I recently started being garnished for an ambulance ride and medical bills from 8 years ago for my then minor disabled daughter. I called the collection company and they said they filed an extension in 2005. I also told them that het absent father is actually legally reaponsible for them and she aaid it didnt matter. Is there anything I can do?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Garnished Over an Eight Year Old Judgment from Medical Debt

    if they are garnishing your wages, it would strongly suggest they have a judgment against you. It may also be against the father as well but as long as you are also listed, there really is nothing you can do about this.

    a judgment in Oregon is good for 10 years so they wouldn't have had to renew anything.

    If your divorce or child support order states the father is liable for this, you can sue him for whatever you end up paying.

  3. #3
    Join Date
    May 2011
    Posts
    638

    Default Re: Garnished Over an Eight Year Old Judgment from Medical Debt

    If there's a divorce decree or child support decree which states that the father alone is liable for these things, wouldn't the creditors be in error? Those decrees are usually public record.

    First a judgment. Next a court order decreeing that the father alone is liable.

    You had a really good thought there, and I'd be reading those decrees. It's a long shot, but I'd sure check.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Garnished Over an Eight Year Old Judgment from Medical Debt

    cmre3456;641863]If there's a divorce decree or child support decree which states that the father alone is liable for these things, wouldn't the creditors be in error? Those decrees are usually public record.
    No. A divorce order only affects those that are a party to the suit. Since the creditor was not a party to the divorce, the orders emanating from the divorce cannot control the rights or actions of the creditor. It becomes an issue between the two parties of the divorce proceeding.

    Basically, the courts cannot issue orders that affect a party that is not in front of them. It kind of has something to do with that due process clause in the US Constitution.



    You had a really good thought there, and I'd be reading those decrees. It's a long shot, but I'd sure check.
    it's a shot and a miss.

  5. #5
    Join Date
    May 2011
    Posts
    638

    Default Re: Garnished Over an Eight Year Old Judgment from Medical Debt

    Quote Quoting jk
    View Post
    No. A divorce order only affects those that are a party to the suit. Since the creditor was not a party to the divorce, the orders emanating from the divorce cannot control the rights or actions of the creditor. It becomes an issue between the two parties of the divorce proceeding.

    Basically, the courts cannot issue orders that affect a party that is not in front of them. It kind of has something to do with that due process clause in the US Constitution.



    it's a shot and a miss.
    OK, Good points. I wasn't thinking.

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