What happens if I don't pick up a certified letter from the post office that I suspect is from a collections attorney?

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I received a notice from the post office today that a certified letter is there. It was sent by Nelson Kennard whom I looked up and seems to be an attorney who sues for collections. Very bad reviews. If I do not pick up the letter what could happen? I suspect the debt is one from 15 years ago when I co-signed on a vehicle that was later repossessed. I have had my bank account garnished multiple times since. Usually about every five years. Can they even still go after me for that since it has been so many years? I tried fighting it as they never recovered any money from the actual buyer and primarily went after me. I do not have the money to pay this debt! My biggest concern at the moment is whether I should pick up that letter or ignore it. Thank you.

Attorney Answers

5
Jay Bodzin ·
Ignoring correspondence is never a good idea. Let me explain why: If the letter is just a letter, then there's no way that not knowing what it says can help you more than knowing can. I suspect that what you're worried about, is the prospect that the letter might include a summons for a legal case - that you're being sued. If that is the case, then ignoring the letter will prevent you from being effectively served, which is an essential step in the lawsuit - but it will only prevent service for a short time. Once the plaintiff (person suing) determines that you can't be served by mail, they will try other ways. They may send a process server to your home or workplace. If you continue to try to dodge service, they can get permission to have you served 'by publication' - that is, by taking out an ad in a newspaper. After the ad runs for four weeks, you'll be deemed to have been served. Because you probably don't read every classified ad in every general-circulation paper in the area, you will probably not be aware of this; which means you can be served and not even know it. A judgment can be entered against you just the same. All that said, if you've been having your bank account garnished, that means that some creditor already has a judgment against you. The letter might be involved in a totally different debt; or it might be something you can use to get some sort of relief. So pick up your mail. If it's a letter with a demand from an attorney, you can take it to your own attorney for evaluation. If your debts are large enough, you may want to consider filing for personal bankruptcy. This will stop all garnishment, and get rid of all debts. You should talk to an attorney in private about this. As far as time limits: Oregon has a six-year statute of limitations for contracts and other debts. That means that, if it's been six years from the date of default on a debt - that is, from the last payment you made - then you can assert the statute of limitations ('SOL') as a defense. But this isn't always iron-clad. There are ways to 'toll' the statute - to stop that six-year clock from running. For example, if you incur a debt in Oregon and then move out of the state, the clock doesn't run during the period you reside out of the state. So while it seems unlikely that you can be successfully sued on a 15-year-old debt, it might be possible under certain circumstances. Still, don't admit or pay anything until you've had an attorney review the matter.
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Shaye Larkin ·
The only thing I have to add to Mr. Bodzin' very thorough response is that you can find a great collections defense attorney or bankruptcy attorney on this website by clicking the Find A Lawyer tab.
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Christopher Leroi ·
I agree that it is not a good idea to ignore a certified letter as there are many ways around it - serving you personally or sending it by first class mail and it is not returned. Just pick it up
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Yunus Paisner ·
If you do not claim your certified mail it will eventually be returned to sender. Did Nelson Kennard also send you an envelope recently that was NOT certified, but regular mail? This is a common practice of lawyers sending two identical copies, one regular and the other certified. That way either the person claims the certified, or by the certified being refused but the regular not being returned we know the recipient got one copy. Anyway, if you do not retrieve the letter you will be in the dark about what is happening with the lawsuit and collection effort. And yes, you are right to wonder if this is a stale debt, which may give you a defense. The best action is to face this situation head on. Read the letter and find a lawyer on (use the Find a Lawyer tab near the top) who can answer detailed questions about what the letter says.
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Clarke Balcom ·
I agree with the other responses but would add that the 6-year statute of limitations defense in Oregon is one that must be raised in the first response (Answer or Motion filed with the court). If not, it is waived and cannot be used. So yes, get the mail and consult with a local attorney who handles collection defense and bankruptcy.
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