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Group: Forum Members
Last Login: 5/13/2016 12:11:42 AM
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Could you tell me if it is it normal to assign a judgment against a creditor over to a Collection Agency through a court proceeding? Thanks, Cathy
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Group: Forum Members
Last Login: 10/23/2012 6:43:47 AM
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After a judgment is entered in an Oregon state court against a judgment debtor, the creditor may wish to assign the judgment to a collection agency or an attorney who was not the original attorney handling the account. In Oregon, assigning a judgment is a simple two step process: sign and file. The collection agency or the attorney should provide the creditor with an Assignment of Judgment. Once the creditor signs the document in the presence of a notary, the collection agency or attorney should file it with the court that entered the judgment. The Court will require a small processing fee, but no court proceeding. It's generally an administrative function that gives the collection agency or attorney certain legal rights to act on behalf of the judgment creditor.
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Group: Forum Members
Last Login: 11/12/2019 5:58:27 AM
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We filed a complaint to collect against a company's Oregon CCB license shortly after opening a suit against them in Dec 2011. This has gone nowhere so far due to the lawyer not being able to find them to serve the papers. Then, we received a notice in the mail from the CCB stating they cannot get in contact with the company and that in order to access their bond for damages we have to file in court and get a court judgment stating that they owe us damages.
Is this normal? It seems as though all a company has to do is disappear and they may never have to pay any of their debt, which is considerable. Is there anything further we can do or is it just a waiting game.
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Group: Forum Members
Last Login: 10/23/2012 6:43:47 AM
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Oregon CCB changed its dispute resolution procedure last year due to the increase in work load and the lack of employees to handle the complaints. It is my understanding that now all complaints must go through court litigation before the CCB pays out on the bond.
The CCB has said in the past that the license holder address on file is sufficient to give notice (at least for CCB purposes), as the license holder is required to maintain accurate information so long as he is a license holder. If your attorney cannot obtain actual service, notice by publication may be an option to consider.
With the changes in the CCB complaint process, there are bound to be issues such as this. And notice by publication is occurring more often these days. but you did hit the nail on the head - any legal action can become a waiting game.
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Group: Forum Members
Last Login: 11/12/2019 5:58:27 AM
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We have a judgement against a company that is no longer in business. I know that we can have a collection agency or a lawyer to blanket checks on major banks to see if they have a bank account but this seems fruitless because if the company is closed, they wouldn't have an account open under that companies name. What are the options for attempting to get paid from this judgement?
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