1 vote

Advice welcome! Substitution of Counsel received post-judgment!

As of 22 months ago, I lost a year-long litigation regarding a credit card account. The judgment was filed and since then no attempts to collect have occurred. Today I received a letter from a different debt collector/attorneys attempting to collect the debt. They also enclosed a Substitution of Counsel as sent to the Clerk of the Court in the County of jurisdiction and to myself as notice.

The judgment against me was almost two years ago. Any advise as to why this substitution of counsel would be requested post-judgment? I am drafting a response already and am ready to unload on these leeches.

I have already researched UTCR 3.140 (1)(2) & (3); ORS 9.380 (1)(a)(b), (2) & (3). I'm ready to raise fury again and would appreciate all advice.

Peace and Love always.

Comment viewing options

Select your preferred way to display the comments and click "Save settings" to activate your changes.

If any read this post....

I thank you again. I believe I have my response well in order. Debt collectors don’t want you to know that they cannot pursue you across state borders to enforce a judgment levied against you by a creditor who sued you for non-payment and won. This is my case to a "T"! The debt collector is based out-of-state and is submitting for Substitution of Counsel. The thing that is baffling me is that the original Attorney never filed a motion to terminate their stead nor has the Attorney seeking substitution provided proof of former Attorney's death, disability, sell of practice or otherwise good reason for substitution.

Establishing Judgment Liens in other counties:

18.152¹

Establishing judgment liens in other counties

(1) At any time after a judgment that creates a judgment lien is entered under ORS 18.150 (Judgment liens in circuit courts) and before the expiration of the judgment remedies for the judgment, a judgment creditor may create a judgment lien for the judgment in any other county of this state by recording the judgment in the County Clerk Lien Record for that county. The judgment may be recorded by recording a certified copy of the judgment document or a lien record abstract for the judgment.

(2) Except as provided in this section, a judgment recorded under this section has the following effect in the county in which the judgment is recorded:

(a) When the judgment is recorded, the judgment lien attaches to all real property of the judgment debtor in the county at that time; and

(b) The judgment lien attaches to all real property that the judgment debtor acquires in the county at any time after the judgment is recorded and before the judgment lien expires.

(3) Except as provided in this section, if a judgment recorded under this section contains a support award, the support award portion of the judgment has the following effect in the county in which the judgment is recorded:

(a) When the judgment is recorded, a support arrearage lien attaches to all real property of the judgment debtor in the county at that time for any unpaid lump sum support award contained in the judgment or any unpaid installment that became due under the terms of the support award before the judgment was recorded.

(b) A support arrearage lien for any unpaid lump sum support award contained in the judgment or any unpaid installment that became due under the terms of the support award before the judgment was recorded attaches to all real property that the judgment debtor acquires in the county at any time after the judgment is recorded and before full satisfaction is made for the lump sum or installment or the judgment lien of the support award portion of the judgment expires.

(c) If an installment becomes due under the terms of the support award and is not paid after the judgment is recorded, a support arrearage lien for the installment attaches to all real property of the judgment debtor in the county at the time the installment becomes due and attaches to all real property that the judgment debtor thereafter acquires in the county until full satisfaction is made for the installment or the judgment lien of the support award portion of the judgment expires.

(4)(a) If a certificate of extension is filed under ORS 18.182 (Extension of judgment remedies), and the certificate is filed before the judgment is recorded under this section, a judgment creditor may record a certified copy of the certificate or a lien record abstract for the certificate with the judgment. The recording shall act to extend the judgment lien of a judgment, and any support arrearage lien, in the county for the time provided in ORS 18.180 (Expiration of judgment remedies in circuit court) to 18.192 (Child support awards in judgments entered before January 1, 1994).

(b) If a certificate of extension is filed under ORS 18.182 (Extension of judgment remedies), and the certificate is filed after the judgment is recorded under this section, a judgment creditor may record a certified copy of the certificate or a lien record abstract for the certificate in the County Clerk Lien Record in any county in which the judgment has been recorded under subsection (1) of this section. If the recording is made before the time that the judgment lien for the judgment would otherwise have expired under ORS 18.180 (Expiration of judgment remedies in circuit court) to 18.192 (Child support awards in judgments entered before January 1, 1994), the recording extends the judgment lien of the judgment, without loss of priority, for the time provided in ORS 18.180 (Expiration of judgment remedies in circuit court) to 18.192 (Child support awards in judgments entered before January 1, 1994). If the recording is made after the time that the judgment lien for the judgment would otherwise have expired under ORS 18.180 (Expiration of judgment remedies in circuit court) to 18.192 (Child support awards in judgments entered before January 1, 1994), the recording extends the judgment lien of the judgment for the time provided in ORS 18.180 (Expiration of judgment remedies in circuit court) to 18.192 (Child support awards in judgments entered before January 1, 1994), but the lien is subordinate to all other interests that are of record on the date the certificate or lien record abstract is recorded.

(5) When the judgment lien of a judgment expires in the county in which the judgment was originally entered, the judgment lien and any support arrearage lien created under this section expires in the other county or counties in which the judgment has been recorded.

(6) This section does not apply to justice courts, municipal courts or county courts performing judicial functions. [2003 c.576 §15; 2005 c.568 §20]

Funny thing is...I haven't moved and have no assets in any other county.

Father - Husband - Son - Spirit - Consciousness

Bump!

If no comments it's ok. I am researching this myself. Thank you to those who take any time to help or offer advice.

Father - Husband - Son - Spirit - Consciousness