I live in Jackson County Oregon.
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
I live in Jackson County Oregon.
I owe a medical provider for copayments. My wife just received a “writ of garnishment” today in the mail. It was issued on the 14th of this month but our copy was mailed on the 25th. Her pay check issued today has already had money withheld. We were never served. I tracked down the “proof of service” document and it states that it was delivered by “posting at above said residence” and “first class mailing”. It appears a default judgement was issued and then the writ of garnishment thereafter. This doesn’t seem legal. First of all we never found a “posting” or noticed anything in the mail. It is possible that someone in our household thought they were junk mail and/or political promotions etc and tossed them. Can you “post” at a residence? Also shouldn’t we have had time to respond to the “writ of garnishment” before any money was deducted from my wife’s paycheck. And also is my wife liable for my medical debt. Oregon is a non-community property state.
Asked on September 28, 2012 under Bankruptcy Law, Oregon
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Under the laws of most states in this country the marital assets of a marriage are liable for paying off the obligations of one spouse or another that were incurred during the marriage. As such, your wife's wages are being garnished for the unsatisfied judgment against you with respect to your health care provider.
As to notice, the judgment creditor is not required to give you notice of the wage garnishment until after it happens. Given the notice that you now have, you have the option (or rather your spouse) to file a claim of exemption in a timely manner with respect to the wage garnishment.
I suggest that you may wish to consult with an attorney that practices in the area of consumer law to assist you in the matter that you have written about.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.