How to reopen old judgement

[Zazaseiko0]

Jurisdiction

Oregon

There's a judgement on my credit record. It's, of course, a public record. It was medical bill when my son was born (he's now 8years old). I had so many medical bills and couldn't pay them all. Anyway I made the mistake of letting it go. Now I want to pay it off. I'm not sure how to go about opening this judgement which shows closed. They only garnished my wages for a few months before my job changed. I know I have to pay this but I don't know how to start and I am nervous about contacting the collectors because they were very aggressive with me before. How should I go about paying this judgement? Where do I start and who do I contact? Do I need an attorney? It was a $3700 debt that is probably at least $7000 by now if not more. Thank you

 

[adjusterjack]

Here are some things to think about.

1 - Paying an attorney to intercede won't change a thing. You'll just be throwing good money after bad.

2 - What you do depends on how much cash you have. If the debt has grown to $7000 due to interest and attorney fees and you want to ask for a payment plan all you will succeed in doing is getting on their radar and you'll end up with wage garnishment again and they will collect bit by bit forever. If you have enough cash to offer a lump sum cash settlement (60% to 80%) you'd be in a position to negotiate a full and final settlement and satisfaction of judgment, in writing, when you hand over the money. If you want to pay you contact the attorney for the Plaintiff listed on the judgment which you can get from your case record at the courthouse.

3 - Oregon judgments are enforceable for 10 years but can be extended if the extension is requested prior to the expiration of the judgment.

See Oregon Rules of Civil Procedure 18.180 - 18.190 at:

Chapter 018

However, you appear to have been out of sight, out of mind, for the past 8 years so you might consider waiting another two years and monitor your case file to see if the judgment expires without extension. If it does, you are home free.

The risk, of course, is that the creditor is awake and gets it extended and you owe more money.

4 - If you have other overwhelming debts that you can't handle, you might consider bankruptcy. There's no shame in it. But if you decide to do it, don't procrastinate because somebody might get the bright idea to forgive the debt and send you a 1099 so you have to pay taxes on it. Just happened to a friend of mine. Cost him an extra $1500 in taxes on a $6000 debt.

 

[Zazaseiko0]

Assuming my debt is $7000 to date , I have half available in cash. I will contact the court and see if I can find what the current debt with interest is if that's the best route. I am not certain at what point I can file bankruptcy. I do not have any other significant debts , other than a student loan (but of course that can't be filed away with bankruptcy and that's fine).

If I do decide to take my cash and negotiate with the attorney for the Plaintiff, do I need a lawyer to assist me with that? I know you said I would be throwing away money however I am a pretty passive person and I don't want to get taken advantage of. Again, in the past the creditor was very aggressive and it was hard to talk to him. I essentially backed down trying to negotiate at that time. Not that anything I've done is excusable but I want to take care of this cloud hanging over my head and move on.

I really appreciate your advice and I am going to see what I can find out on my case record from the courthouse! Thank you again!

 

[adjusterjack]

Assuming my debt is $7000 to date , I have half available in cash.

That might work.

I will contact the court and see if I can find what the current debt with interest is if that's the best route.

I suggest actually visiting the court and buying a copy of the entire file to take home with you.

I don't mind making helpful comments but it's best to have accurate information about the case, like dates, amounts and who sued and who needs to be contacted.

You should have copies of everything for your records anyway.

If I do decide to take my cash and negotiate with the attorney for the Plaintiff, do I need a lawyer to assist me with that?

That would have to be up to you.

I know you said I would be throwing away money however I am a pretty passive person and I don't want to get taken advantage of.

Then put your offer in writing and insist on a written response. I can give you some helpful comments on what to write once you have your case file handy.