Christina Latta Henry's Answers

Law firm garnished bank account, under WA debtor creditor law should i have been served or given notice

They do have the ability to garnish wages and from your bank accounts... How much do you owe total? If you owe much more, they may continue to garnish and it will never. It sounds like you are being forced into a bankruptcy.

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MERS Mortgages Can't Be Foreclosed - Federal Judge Rules...What about in Washington State?

In WA state the MERS issues is sitll in flux. However, Judge Coughenour ( a federal judge in the District Court) recently certified a question on MERS to the State supreme court. A link to the case is below to see the status of what judges are thinking about MERS in this state. http://stopforeclosurefraud.com/2011/03/22/wa-state-judge-puts-hold-on-sj-so-called-beneficiaries-like-mers-pending-consumer-protection-act-outcome-bain-v-onewest/

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Under WA state or federal law can a creditor garnish social security income

If her only income comes from social security and a retirement account she is judgment proof and those funds are exempt. Have you talked to the bank about the garnishment? Have you received an Exemption form from the bank? These funds should be returned to you. Christina Latta, Seattle Debt Law, LLC 206-324-6677

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Behind On Hoa, Lien Place.....

HOA dues are big problem the laws in WA state are pro condo board. What this means is that Bankruptcy may or may not solve your issues with the HOA. In a foreclosure, if the 1st mortgage lender forecloses the HOA will get a 6 month payment of HOA dues above the mortgage - but you are responsible for all the remaining HOA dues if there is more than a 6 month delinquency. If you file bankruptcy after the foreclosure, the HOA dues will be discharged. The tricky situation is where you file...

What are the implications of having a creditor report 'account paid in full for less than the full balance' to the credit bureau

Paying off your second mortgage will affect your credit report. As the prior attorney said, the actual credit hit is unknown but the mark will be on your credit report for 7 years from the date of the settlement. The good thing is that there will not be any future negative credit marks concerning this debt. Right now, every month that goes by without payment is generating a negative mark on your credit. Also, under Washington law, you would be looking over your shoulder for 6 years from the...

Adding debts and getting married before chapter 13 is discharged.

If you are certain that you will incur new debt from the medical procedure, you don't want to complete your chapter 13 and get a discharge. You would be better off dismissing and re-filing if that is possible, however, getting married may put you in a new income bracket that may make bankruptcy more difficult. Since you are already in a Chapter 13, ask your current attorney for some help. Your situation should be analyzed in detail before the appropriate advice can be given.

Help! Creditors are coming after me for debt my ex-husband incurred in my name!

This is the worst kind of debt. Washington is a community property state which means that debt is community debt. Even if the state court awarded him the debt in a divorce, since the cards are still open in your name, the credit cards will look to you to pay. You may have a claim to sue him in state court to enforce the divorce decree and argue that he made the charges after the divorce, etc.. but as long as your name is still on the credit cards, the credit card companies will hold you...