I live in Jackson County Oregon.

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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 8 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.


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