Oregon Garnishment Fees

[joesomebody]

What is the name of your state (only U.S. law)? [SUP]Oregon[/SUP]

Hi, I have some medical debt that went to collections and they won a court case against me by default (I didn't respond.) That was about 6 months ago. The judgment was for about $600, and since then they have added on about $1000 in fees. Do I have any legal recourse to fight these fees?
I was given a form with the last writ of garnishment that I could file with the court but it says I will be charged if I file it in bad faith. Would it be considered in bad faith if I challenge the writ saying that the owed debt is the amount of the original court order? I'm in Oregon, assuming that might make a difference.
Also, it's been almost 90 days now since they filed their last writ. I don't really want to fight the original court ruling, it just sounds outrageous for them to add so much in fees for an (originally) $400 debt.
Thanks in advance!

 

[Proserpina]

What is the name of your state (only U.S. law)? [SUP]Oregon[/SUP]

Hi, I have some medical debt that went to collections and they won a court case against me by default (I didn't respond.) That was about 6 months ago. The judgment was for about $600, and since then they have added on about $1000 in fees. Do I have any legal recourse to fight these fees?
I was given a form with the last writ of garnishment that I could file with the court but it says I will be charged if I file it in bad faith. Would it be considered in bad faith if I challenge the writ saying that the owed debt is the amount of the original court order? I'm in Oregon, assuming that might make a difference.
Also, it's been almost 90 days now since they filed their last writ. I don't really want to fight the original court ruling, it just sounds outrageous for them to add so much in fees for an (originally) $400 debt.
Thanks in advance!

Think of it a different way. From their point of view, they've had to incur costs associated with taking you to court. They have no real reason to make an arrangement with you since you didn't pay originally. Had you paid, they wouldn't have incurred those fees.

From the Oregon Bar:

Either the original creditor or a collection agency may sue you to collect a debt. If this happens, you will be served with a summons and complaint. If you want to dispute the existence or the amount of the debt, you must file a timely response with the court. You must file a response within 14 days if you are sued in small claims court. You must file a response within 30 days if you are not sued in small claims court. Filing a response means filing a motion or answer. There is generally no court appearance that you, the debtor, must attend. If you do not respond to the complaint, or if you file a response and ultimately go to court and lose, the creditor will obtain a judgment. This judgment will include the amount of debt and may include interest, court costs and the creditor's legal fees. It may also create a lien upon any real property, such as a house, that you own.

The time to file has long since passed.

 

[Mark Maroon]

Think of it a different way. From their point of view, they've had to incur costs associated with taking you to court.
<snip>
The time to file has long since passed.

Proserpina is 100% correct about the above. You have a judgment against you, the plaintiff should be and is allowed to recover some of their costs involved in suing you, and the time to contest the judgment has long past. But I don't think that Proserpina really answered your question. Unfortunately, I won't really either but....

As I understand it, the original debt itself that gave rise to the court case against you was about $400, the original judgment that the court awarded the plaintiff against you included that original debt plus some of the plaintiff's fees/costs for a total original judgment debt of about $600, and you have no problem with the concept that you owe the $600 original judgment debt, however, you want to know if they can add on something like $1,000 in post judgment fees/costs to the $600 original judgment debt.

I don't know the answer to your question, but I think it is a reasonable question. In many states a plaintiff can add on a "bill of costs" to the judgment, and they can recover certain costs, but they can't add on the kitchen sink. I don't know what costs they added, what costs they are allowed to add, and how you would go about contesting the costs that they added, but it might be worth looking into - just don't be surprised to find that they can indeed recover a lot of the post judgment costs that they incur trying to collect the original judgment debt.

 

[single317dad]

It is possible to ask a judge to set aside the default judgment. If you are successful, you will then be able to argue the fees and costs (as well as all other elements of the case). Be aware that this may actually result in more costs, since plaintiff's attorneys will have to appear in court once again.

 

[TigerD]

The judgment was for about $600, and since then they have added on about $1000 in fees. Do I have any legal recourse to fight these fees?
As we don't know what these "fees" are, no one here can answer that definitively.

However, it is entirely reasonable that you would be required to their attorney fees, court costs, and interest.

I was given a form with the last writ of garnishment that I could file with the court but it says I will be charged if I file it in bad faith. Would it be considered in bad faith if I challenge the writ saying that the owed debt is the amount of the original court order?

If I was on the other side, I would argue that anything you do other than writing a check is in bad faith.

Also, it's been almost 90 days now since they filed their last writ. I don't really want to fight the original court ruling, it just sounds outrageous for them to add so much in fees for an (originally) $400 debt.

That's your fault. You made them hire a lawyer to sue you.

DC