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Exemptions from Debt Collector (Oregon) SSDI Creditor Won Judgment in Court

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tarmour

Junior Member
What is the name of your state (only U.S. law)? OREGON

I am 47 years old, I'm on permanent disability since 1997. Raising 2 young boys on SSDI.

My story:

I was informed of a debt I had while doing a random credit check. The debt was for Probation Fees owed to a County in Oregon. I was under the impression the fees were waived due to my low income. And they would of been had the correct paperwork been turned in. I could not prove I turned it in. So while trying to figure out a way to pay the creditor I offered them 1/2 of the debt in cash there was 3 years of interest. We couldn't come to a agreement so I told them I wouldn't pay them then. While trying to figure out a agreement. They ran DMV reports and found out that I have a brand new motorcycle. Gifted to me from family worth approx. 15k. The debt is 4k. They took me to court knowing full well that I am on SSDI and they could not garnish my wages. So I assume they are going to try to take my only vehicle my motorcycle. Why else would they try to take me to court?

Can they take my bike? Do I have any rights? I am a disabled Vet. I have no assets, I own no home. The only thing of value I have is this motorcycle. They knew this too. I should also mention they had a sheriff deliver me a notice to pay or go to court. I chose court to try to convince the judge of the waiver form. Which I had evidence from the probation department that I received the form but they said I never turned it in. Frustrating.

I received a letter shortly after court. Saying they automatically put a lien against property. My motorcycle was not listed as property. I called the court house and asked about this letter They said this is a automatic letter they send to people that lose a judgment for over 3k. But the court person insisted this was only for Property such as home's. The creditor's never go after cars, and motorcycles. Too much trouble not worth it.

Ive read they can put a lien against your property that only affects you when you want to sell the car/bike/house. You cannot sell it until the debt is paid in full. The problem is if they put a lien against my bike, eventually the interest will exceed the value and they can take possession of my pride and joy.

What can I do? Can anyone help me? I cannot afford a attorney. Am I overly worried? Is the court lady right, just do not worry about a vehicle. They will not bother. But they knew that was all I had when they paid to have a sheriff deliver this letter to me.

I have since emailed the president of this collection agency and offered him the principal interest of 1800. + 600 for them(1800 cash, 6 months of 100 dollars a month payments). That was the original deal they offered me. Before court. I have sent them 2 emails. The last email was to pay them $2,400 cash. They have never responded to me.

What kind of collection agency would not take that much money from a person on SSDI. It makes not sense to me. Hence me worring about my bike.

Original debt 1690, in collection went up to 2400. Its now almost 4k total.

HELP
 


tarmour

Junior Member
I'm still curious to what my rights were. If they could of taken my bike. I borrowed money from Family to pay them 2,700 in cash today to clear this debt. I did not want to worry about my bike. Now I have to work the entire summer to repay my family. Life SUCKS sometimes. I am fortunate to have family to help me. I can't be sure if they really would of took my bike. But they did know it was my only asset. Their only reason for attempting to collect a debt for this much from a person they cannot garnish. Even the judge said I would never be able to pay them unless I hit the lottery. He had no clue I had a motorcycle worth over 15k. I dunno.
 

single317dad

Senior Member
Your personal vehicle is exempt from seizure up to a value of $3,000. I'm not sure how the court would work around the fact that you have only one vehicle and its value exceeds the threshold, but a wild guess is you'd have to sell it and buy something else, using the leftover proceeds to pay the debt. This is all hypothetical at this point anyway, as you've apparently settled the debt now.

http://www.oregonlaws.org/ors/18.345
 

Zigner

Senior Member, Non-Attorney
The OP could still sell the bike to pay off his relatives. I'm sure other motorcycles can be had for far less than $15k...

ETA: Whoa here - OP is raising two "young" boys and his only means of transportation is a motorcycle? Really?
 

single317dad

Senior Member
The OP could still sell the bike to pay off his relatives. I'm sure other motorcycles can be had for far less than $15k...

ETA: Whoa here - OP is raising two "young" boys and his only means of transportation is a motorcycle? Really?
I actually misspoke; OP did not say the motorcycle was the only form of transportation, just "the only asset".

In that light, if there is another personal vehicle, the judge would most likely have order the superfluous vehicle sold to pay the debt. People who owe money don't get to ride around on fancy motorcycles while ignoring their debts.
 

tarmour

Junior Member
I actually misspoke; OP did not say the motorcycle was the only form of transportation, just "the only asset".

In that light, if there is another personal vehicle, the judge would most likely have order the superfluous vehicle sold to pay the debt. People who owe money don't get to ride around on fancy motorcycles while ignoring their debts.
Remember this: This DEBT was a BULL**** debt that should of been waived in the first place. Probation fees. Being on SSDI with kids alone would of been enough to waive the fees. I still to this day believe I turned in that waiver form. But I don't know I might of been high(seriously). I simply cannot remember. Had I not owned this FANCY motorcycle I would of never paid the *******s a penny. My motorcycle was given to me as a gift from a family member(my brother) for being sober for 10 years. I became an addict dealing with **** I seen in Iraq. I do pay my debts. Always have until this.

My alternative could of been very different. And believe me I strongly considered this. I could of tore the bike apart in 6 hours time(down to the frame). Parted it out in my garage, built another bike with my current parts on a older frame registered an older bike with brand new parts(for the exempt amount 3k).. And just handed the collection agency the bike frame, and the title with a middle finger for their trouble.

I am not a dead beat that does not pay their debts. This is not a loan I took out, or something I borrowed, or a car I couldn't pay off, or house. This is for PROBATION FEES that would of 100% been full waived had the application form been turned in. I THOUGHT IT WAS. AND STILL DO!!!!

Now I have to work the entire summer to pay my family back for the 2,700. And yes I do have a small family car for the kids. 7-9 year old boys.

Note:

Had I not been able to come up with this money to pay them. I would of definitely stripped the bike. Whether its a criminal offense or not!!! Collection AGENCIES ARE SHARKS and scandalous. The original debt was 1690 dollars. I offered them 1,800cash after they had the debt for a few years. and new they couldn't collect with me on SSDI. I showed them everything. They wouldn't take less than $2,400. Thats why we went to court. People like myself low income with no home, or assets besides a motorcycle. They should of jumped at the 1800 but they got greedy once they ran DMV records and seen this new bike my brother bought me. I even produced a letter from my brother and the dealership proving he bought it.

I went to them after 2 years and offered them 1,800. Had I not offered to pay them anything. They would of never ran DMV records. They had already done this 2 years ago and I had nothing of value. But when I tried to clear my credit and offer them some money they re ran dmv and found the bike.

phew thats a lot of typing but Im kinda pissed at that not paying debts and riding around on a fancy motorcycle comment like Im a dead beat. FAR FROM MY FRIEND
 
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