Page 1 - DECLARATION OF TIM L. EBLEN 

Eblen Freed LLP

310 SW 4th Ave Ste 810

Portland, OR 97204

503-548-63330

Fax: 503-548-6333

Tim Eblen, Oregon Bar No. 050252

Trial Attorney for Plaintiff

Eblen Freed LLP

1040 NE 44th Ave. Suite 4

Portland, Oregon 97213

tim@eblenfreed.com

Phone 503-548-6330

Fax 503-548-6333

Michelle Freed, Oregon Bar No. 042880

James Tschudy, Oregon Bar No. 141956

Of Attorneys for Plaintiff

Eblen Freed LLP

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

EUGENE DIVISION

DIANA MARIE ROBBINS, a.k.a. DIANA 

MARIE AUSTIN,

a consumer residing in Linn County,

Plaintiff,

v.

COLUMBIA COLLECTION SERVICE, 

INC., et al., 

Defendants.

Case No. 15-cv-00821-AA

DECLARATION OF TIM 

EBLEN IN SUPPORT OF 

PLAINTIFF’S STATEMENT OF 

ATTORNEY FEES AND COSTS

I, Tim L. Eblen, make the following declaration:

1. I am of attorneys for Plaintiff in this case. I make this declaration based on my personal

knowledge, and on my review of the physical and electronic file that our office maintains 

on this matter. If called as a witness at any evidentiary hearing, I would testify the same 

as herein.

Case 6:15-cv-00821-AA Document 26 Filed 09/30/15 Page 1 of 4
Page 2 - DECLARATION OF TIM L. EBLEN 

Eblen Freed LLP

310 SW 4th Ave Ste 810

Portland, OR 97204

503-548-63330

Fax: 503-548-6333

2. Attached as Exhibits 1 and 2 to this declaration are statements of the hours our firm 

reasonably and necessarily incurred prosecuting this case. 

3. Also included in Exhibits 1 and 2 are statements of Plaintiff’s costs and disbursements 

reasonably and necessarily incurred in this case.

4. My law firm and I assumed significant risk in accepting this case on a contingent basis.

Whereas the attorneys for the Defendants will be paid for 100% of its attorneys fees and 

expenses, win or lose, our firm only recovers because the Defendants have tendered an 

acceptable Offer of Judgment, and then only the amount that the Court awards.

5. My law firm is small. We are three attorneys, and one paralegal. As such, in accepting 

Ms. Robbins case, we were precluded from working on other cases. 

6. As my client discovered when she began seeking out an attorney to represent her in this 

case, there are an extremely small number of attorneys that handle unlawful debt 

collection cases in Oregon. I am personally aware of only a handful of other attorneys 

that regularly handle such cases. 

7. I am a partner in the law firm of Eblen Freed, LLP. I have been a member of the Oregon 

State Bar since 2005 and the Washington State Bar Association since 2009. I specialize 

in debt/credit law, including creditor rights, and debtor rights, including consumer law 

such as violations of the Fair Debt Collection Practices Act. 

8. My hourly rate on consumer law cases is $340. Early in 2014, The Honorable Thomas 

Ryan, an Oregon Circuit Court Judge, awarded me the hourly rate of $340. Also in 2014, 

The Honorable Karin J. Immergut, an Oregon Circuit Court Judge, awarded me the 

hourly rate of $315. The 2012 OSB economic survey indicates that hourly rates for 

Portland attorneys in practice 10-12 years range from a median of $275 to a 95th 

Case 6:15-cv-00821-AA Document 26 Filed 09/30/15 Page 2 of 4
Page 3 - DECLARATION OF TIM L. EBLEN 

Eblen Freed LLP

310 SW 4th Ave Ste 810

Portland, OR 97204

503-548-63330

Fax: 503-548-6333

percentile of $428. Applying a 2.0 percent annual increase of those rates for inflation 

reflects a median of $291 and a 95th percentile of $454. 

9. I began working in civil litigation as a law clerk in 2002, assisting Jeffrey S. Mutnick 

with many state court personal injury and wrongful death cases representing individual 

Plaintiffs. I passed the bar examination in 2004 and was admitted to the Oregon State 

Bar in 2005. During my first year of practice I managed a civil caseload for Robert 

Ireland. During that year I handled multiple kinds of civil cases, including breach of 

contract, Unlawful Trade Practices Act, and personal injury. For the past 9 years, I have 

specialized in the fields of debtor-creditor and consumer law. 

10. Prior to opening up my own practice in 2011, I worked for Smith & Greaves, LLP, a 

creditors’ rights firm. While working there I gained extensive knowledge and experience 

regarding the consumer protection laws that regulate the actions of debt collectors, and 

regularly advised debt collectors on compliance with those statutes. Moreover, at Smith 

& Greaves LLP I served as the compliance trainer for a staff of approximately 25 

employees. In that role, I gave individualized and group trainings on a regular basis to 

insure compliance with the Federal Fair Debt Collections Practices Act.

11. I am actively involved with the Oregon State Bar Debtor Creditor Section. I have been 

asked to speak at multiple Continuing Legal Education seminars on debtor-creditor 

issues, and regularly presents on debt settlement options for the public. I have also 

authored articles for the Washington State Bar Association Debtor Rights Newsletter, the 

Oregon State Bar Debtor Creditor Section Newsletter, and for Trial Lawyer, a publication 

produced by the Oregon Trial Lawyers Association..

///

Case 6:15-cv-00821-AA Document 26 Filed 09/30/15 Page 3 of 4
Page 4 - DECLARATION OF TIM L. EBLEN 

Eblen Freed LLP

310 SW 4th Ave Ste 810

Portland, OR 97204

503-548-63330

Fax: 503-548-6333

 

12. I am actively involved with the Oregon Trial Lawyers Association. I am currently part of 

the consumer law section of that association, and I am regularly asked questions by other 

members about a variety of debtor creditor issues, including debt collection practices.

I HEREBY DECLARE THAT THE ABOVE STATEMENT IS TRUE TO THE BEST OF

MY KNOWLEDGE AND BELIEF, AND THAT I UNDERSTAND IT IS MADE FOR USE AS

EVIDENCE IN COURT AND IS SUBJECT TO PENALTY FOR PERJURY.

DATED this 30th day of September, 2015.

EBLEN FREED LLP

/S/ TIM EBLEN 

TIM L. EBLEN, OSB #050252

Of Attorneys for Defendant

Case 6:15-cv-00821-AA Document 26 Filed 09/30/15 Page 4 of 4