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post-judgment letter to client – sample 2 - Professional Liability Fund

post-judgment letter to client – sample 2 - Professional Liability Fund

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It may take a month or two for the DOJ <strong>to</strong> actually get the collection account established.<br />

Expect <strong>to</strong> receive a packet of documents from the district at<strong>to</strong>rney. Fill out the documents as<br />

best you can and promptly send them back <strong>to</strong> the district at<strong>to</strong>rney. All correspondence you<br />

send <strong>to</strong> the DOJ should be by Certified Mail/Return Receipt Requested so that you have proof<br />

of notices you have provided<br />

OR<br />

Enclosed is the application form for support enforcement services. Please fill out this document<br />

and promptly send it <strong>to</strong> the Department of Justice/District At<strong>to</strong>rney. All correspondence you<br />

send <strong>to</strong> DOJ should be by Certified Mail/Return Receipt Requested so that you have proof of<br />

notices you have provided.<br />

Please remember <strong>to</strong> advise the DOJ of any change in address within ten (10) days. Failure <strong>to</strong><br />

keep the DOJ advised of your current address will cause delays in receiving your support<br />

payments.<br />

If you request, the district at<strong>to</strong>rney’s office will review the child support amount periodically <strong>to</strong><br />

determine whether it should be modified under the Oregon Child Support Guidelines. If you<br />

have any questions about these services, you should contact the support enforcement unit of<br />

your local district at<strong>to</strong>rney’s office.<br />

You agreed that your former spouse may pay child support <strong>to</strong> you directly. If [he/she] becomes<br />

delinquent, you may request a wage withholding order through the district at<strong>to</strong>rney’s office. If<br />

you have any questions or concerns regarding collecting support, please contact your local<br />

district at<strong>to</strong>rney’s office directly.<br />

2. CHILD SUPPORT (Client pays support)<br />

You have been ordered <strong>to</strong> make monthly payments of child support for your [child/children].<br />

The Child Support Services Division of the Department of Justice (DOJ) will set up a permanent<br />

account on your behalf <strong>to</strong> collect and distribute support. The DOJ will assign you a specific DOJ<br />

number. That number is important and should always be written on any check or<br />

correspondence which you send <strong>to</strong> the DOJ.<br />

You will not be given credit for a child support payment unless it is paid through the DOJ. You<br />

have the burden of proving that a payment was made, so make sure <strong>to</strong> use a check. Keep<br />

those canceled checks for future reference.<br />

To comply with state and federal law, the DOJ will require your employer <strong>to</strong> withhold child<br />

support payments from your paycheck. This is not a “garnishment” and does not imply that you<br />

are not responsible enough <strong>to</strong> make the payments yourself. It is simply the way that Oregon<br />

law requires child support payments <strong>to</strong> be made in most cases. The law also prohibits your<br />

employer from taking any type of action against you because of the wage assignment. Let me<br />

know if you have any problem with your employer in this regard.<br />

There are exceptions <strong>to</strong> the rules requiring support payments <strong>to</strong> be made through wage<br />

assignment. You should contact the DOJ directly <strong>to</strong> discuss specifically what would need <strong>to</strong> be<br />

done <strong>to</strong> prevent the wage assignment. The DOJ may be able <strong>to</strong> waive the wage assignment if<br />

you either pay two months of support in advance or obtain your ex-spouse’s written consent <strong>to</strong><br />

waive the wage assignment.<br />

Page 2 [28-Nov-05 Rev 11/05]<br />

FORM COURTESY OF CRAIG M. COWLEY<br />

GEVURTZ, MENASHE ET AL<br />

PROFESSIONAL LIABILITY FUND (O-POST-JUDGMENT LTR 2.DOC)

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