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Another great resource for your COVID-related legal questions

4/18/2020

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Links to http://www.consumer.law/
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Oregon's Gov. Brown bars creditor garnishments of CARES checks

4/18/2020

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The Governor has wisely ordered that any Oregonian's CARES check be free from garnishments by creditors (except for restitution garnishments for criminal justice debts) during the COVID-19 emergency. The top picture is the key provision. If you want the full text and all the details and definitions, the full order is shown below that and you can download it by clicking on the down-facing arrow.

Kudos to Gov. Brown for acting to help Oregon families survive this crisis in this critical period.
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Got COVID Stimulus Payment Questions?  NCLC has a FAQ for that!

4/16/2020

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The good people at the National Consumer Law Center (NCLC.org) are constantly tracking and updating reliable information about the economic response to the COVID-19 pandemic. They have put together a document with list of frequently asked questions about the $1200 payments, including the most common one about whether these payments are vulnerable to garnishments) (#7 below).

I would bookmark their FAQ page and their more comprehensive COVID-19 page if you have other questions.

FAQs on Stimulus Payments
By National Consumer Law Center
Updated April 15, 2020

Need legal help? Find a civil legal-aid office (income eligible) in your state or see the website of the National Association of Consumer Advocates to find an attorney in your state (search by subject area and licensed to practice). 

The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) authorizes stimulus payments (also called “recovery rebates” or “Economic Impact Payments”) to certain individuals.  See § 2201 (pp. 55-60). Official information on these payments is at https://www.irs.gov/coronavirus  (click on “What you need to know about payments”), which is being regularly updated.   Other lists of FAQs are available at the New York Times.

The FAQs below are our best attempt to answer questions we are getting but please check the IRS website, which is updated regularly, for official information.  Notify us of any errors at consumerlaw[at]nclc.org. More information about responses to the economic crisis are on NCLC’s COVID-19 & Consumer Protections page.

THE QUESTIONS: (Answers at https://docs.google.com/document/d/1qDSnSg_AXvzOCyegmJoX6h3_ljN-In9S/preview)

  1. When will the payments go out?
  2. Who is eligible for payments?
  3. How much am I entitled to?
  4. I haven’t gotten a payment yet. How can I get my money quickly?  
  5. I accidentally used the non-filer portal but I’ve discovered I need to file a tax return. What should I do?
  6. I don’t have to file a tax return. How will I get my money? 
  7. Can debt collectors, banks, or the federal government take my payment to cover back debts?  What can I do to prevent my payment from being garnished?
  8. The account that I got my 2018 tax refund in is closed. What will happen to the money?
  9. I receive Social Security, SSDI, SSI, or Railroad retirement and have dependents.  How can I get the extra $500 for my dependents?
  10. I received my 2018 or 2019 tax refund through a tax preparer prepaid card or through a tax refund anticipation check (RAC) or tax refund anticipation loan (RAL). How will I get my stimulus payment?
  11. I want to open a bank account for direct deposit but I have a negative history with an account screening agency. What can I do so that I don’t have to wait for a paper check?
  12. I changed my address or bank account since my 2018 or 2019 tax return. How do I notify the IRS of the change?
  13. I don’t have a bank account. Can I use a prepaid card, mobile debit card account ,or digital wallet? 
  14. Will the IRS use the Direct Express card or another prepaid card? 
  15. What do I do if I didn’t get my money?  
  16. Will the payments affect asset limits used for eligibility for public assistance?
  17. I am in bankruptcy. Are the payments considered income or can my creditors grab the payment?

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Outstanding FREE Online Resource "SURVIVING DEBT" to read if you are struggling financially due to COVID-19 (or for any other reason)

4/6/2020

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The heroes at the National Consumer Law Center (NCLC.org) have made their comprehensive 50th Anniversary guide for debtors called “Surviving Debt” available at no charge for ANYONE.

This is an outstanding resource for ordinary folks who don’t want to try to read law books or statutes etc.  It’s in clear, plain English.  I have given away more than two dozen copies to friends and clients and it’s usually the first book I reach for when someone has a question about how to manage their debts of ANY kind.


While you isolate in place, if you are worried at all about your finances, take the time to read the first 10 short chapters and then the chapters for your type of debts. So you don't have to read it all -- just the first couple chapters and then the chapters that pertain to your type of problem.

(And if you yourself are able to make a contribution to NCLC, they would welcome it and put it to good use.)

Find it here:  https://library.nclc.org/SD


  • Chapters
    • Glossary
    • Chapter 1 Six Essential Rules for Surviving Debt
    • Chapter 2 Responding to Debt Collectors
    • Chapter 3 What You Need to Know About Your Credit Report
    • Chapter 4 Collection Lawsuits
    • Chapter 5 Taking Out New Loans to Pay for Old Debts
    • Chapter 6 Reverse Mortgages
    • Chapter 7 Choices to Avoid at All Costs
    • Chapter 8 Reducing Your Expenses
    • Chapter 9 Options for Increasing Your Income
    • Chapter 10 Keeping Track of Income, Expenses, and Debt
    • Chapter 11 Medical Debt
    • Chapter 12 Credit Card Debt
    • Chapter 13 Student Loans
    • Chapter 14 Car Loans and Repossessions
    • Chapter 15 Utility Terminations
    • Chapter 16 What Every Homeowner Should Know About Mortgage Payments
    • Chapter 17 When You Are Having Trouble Making Mortgage Payments
    • Chapter 18 Defending Your Home from Foreclosure
    • Chapter 19 Property Taxes and Tax Sales
    • Chapter 20 Evictions and Getting Out of a Lease
    • Chapter 21 Civil Court Judgment Debt
    • Chapter 22 Debts Related to Criminal Law
    • Chapter 23 Federal Income Tax Debt
    • Chapter 24 Deciding Whether and When to File Bankruptcy
    • Chapter 25 How the Bankruptcy Process Works
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John Gear Law Office LLC and Salem Consumer Law.  John Gear Law Office is in Suite 208B of the Security Building in downtown Salem at 161 High St. SE, across from the Elsinore Theater, a half-block south of Marion County Courthouse, just south of State Street. There is abundant, free 3-hour on-street parking throughout downtown Salem, and three multi-story parking ramps that offer free customer parking in downtown Salem too.

Our attorneys are only licensed to practice law in Oregon. This site may be considered advertising under Oregon State Bar rules. There is no legal advice on this site so you should not interpret anything you read here as intended for your particular situation. Besides, we are not representing you and we are not your attorneys unless you have hired us by entering into a representation agreement with me. While we do want you to consider us when you seek an attorney, you should not hire any attorney based on brochures, websites, advertising, or other promotional materials.  All original content on this site is Copyright John Gear, 2010-2022.

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