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Kimberly M Raphaeli

Kimberly Raphaeli’s Answers

3 total

  • I would like to find out what my legal rights are about student loans garnishing my wages.

    Recently, I have had a collection agency contact me for payment. I just recently gotten a job after being unemployed for 1 1/2 years. They seem really willing to help me a week ago when I called them, but today when I called back to set up the "...

    Kimberly’s Answer

    In Washington, the creditor must first file a lawsuit against you AND personally serve it on you before your creditor can begin the process to collect your wages. Garnishment can occur by one of two methods AFTER the creditor initiates the lawsuit - 1. your creditor could obtain a pre-judgment writ of garnishment, but it requires a hearing before this could occur; or 2. by obtaining a judgment against you - either by default (assuming your fail to respond to the lawsuit) or by losing at a hearing or trial to determine the merits of the case. If none of the examples above have occurred in your situation, then your creditor cannot begin garnishing your wages.

    As the previous poster indicated, it is probably best to call back to the collection agency and continue to assert the amount you can pay (maybe request a different representative or even a manager). You typically want to make the best offer you possibly can, because the agency may demand information regarding your income to verify whether or not your offer was fair. A lot of times, the creditor is more willing to accept a settlement when you pay a portional lump sum of the total debt or if you can offer a sizeable down payment before monthly payments begin. Good luck.

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  • Foreclosure and chapter 7 bankruptcy

    I know that a bankruptcy can delay a foreclosure but what could we expect if we file for bankruptcy after the foreclosure occurs but before we find a new home? Could the new owner (or more probably the current lender) evict us? If so, what would b...

    Kimberly’s Answer

    You would be far better off negotiating with the individual or entity that bought your home at foreclosure auction. You can negotiate for a landlord/tenant arrangement, additional time to move out, or even financial assistance to relocate to a new home. If the property becomes bank-owned many times the bank will offer a cash incentive if you agree to leave the house clean and move out quickly. You may lose the possibility of entering into any of these agreements by filing bankruptcy.

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  • Forclosure of my home-At twenty days after trustee sale; time left to vacate after service of summary proceidings to evict me

    I have had my home Washington State home sold at auction by a trustee. I need whatever time I can muster prior to being evicted to secure storage of my belongings and find living accomodations. My question is after the 20th day following the s...

    Kimberly’s Answer


    I represent trustees and lenders in the Seattle area. Typically, we send a letter letting the occupant know they have the statutory period of 20 days to be out of the home. If that period passes and the home remains occupied, then we file our summons and complaint to have the occupant evicted. Many times it will take upwards of at least six weeks to have the sheriff evict an individual by force. The process can move much faster if you agree to a program many lenders use called "cash for keys." It would only apply if your mortgage company bought the property at auction. This is where your lender (or their attorney) would offer you X amount of dollars to move out of the house and surrender the keys before it becomes a forcible eviction. This is the best scenario for all parties because the occupant makes some money (usually $500 or up) and the lender gets their rightful possession without spending a fortune on attorney's fees.

    I hope that helps.

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