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I received a writ of garnishment- court order and a collection company took all my checking and saving money from the bank.

Seattle, WA |

I was unable to pay my debt of $12000 due to lack of money and i was trying to save some money to make a deal and maybe pay it off with a settlement. The collection company applied for a writ of garnishment and took all the money that I had in my bank $3000. Now I am broke and cannot pay my rent or food. I am extremely worried. Is there anything I can do? What is the next step? Please help.

Attorney Answers 3


  1. Best answer

    You are entitled to the personal exemptions listed in RCW 6.15

    http://apps.leg.wa.gov/rcw/default.aspx?cite=6.15&full=true

    That includes $200 that was in your bank account and any money that was SSI or pension money.
    The garnishment laws require a copy of your rights sent to your mailing address and you should file a claim with the agency and the court.

    You will need to consult with a consumer protection or bankruptcy lawyer locally at once, for private and specific advice on your particular issues.

    Many lawyers on this site offer a free consultation and you should find one near you, make an appointment for specific legal counseling, and take all your paperwork and perhaps a written chronological summary.

    1. Start keeping a detailed log of all calls and letters and a paper file of all information. Because persistent violations of the FDCPA are punishable by statutory fines and attorney’s fees under federal law, but you need hard evidence.

    2. Make a written demand that all further communications from creditors is in writing under 15 USC 1692 (c).
    The letter should also contain a dispute of the validity of the charges and include a demand for a complete accounting with signatures, and all contents of their file.
    The creditor then has 30 days to reply and they may not take any action until you have been sent the validation. Bear in mind that this may be motivation for the collector to work your account when the file comes to them from the original creditor with new information.

    3. Do not give them any personal information because that is how collectors decide on which accounts to recommend suing. Remember they may not tell the truth and will say just about anything to get a payment from you and that payment reaffirms the debt, gives them information about you and your bank and ability to pay.

    4. If you are going to make payments use money orders only and not personal checks, wire transfers, money grams, or “check by phone” because if the collector finds a bank account the collector will be more likely recommend a lawsuit to their legal department.

    5. All collections are negotiable; the original creditor has given up and is losing up to 50% on the face value already either by splitting any return or selling at a huge discount. In addition, the costs of a lawsuit although discounted still are a factor in the decision to settle with you.

    If you are going to settle mark the check “settled-in-full” at the very top back of the check and include a letter explaining you are offering a settlement, keep copies of everything.

    6. Get written confirmation of any payment plan the agency will accept before making a payment.

    7. Specify in writing that all payments will be applied to principle first.

    If you are ready to throw in the towel, go see a local bankruptcy attorney and explore your options for federal protection. The protection will even look back 90 days from filing and get back money taken by the collectors and apply it fairly.

    If your debt is with the government like the IRS or a State agency or for Child Support or taxes, the rules will be different and you will need a local lawyer at once.

    DO NOT use a paid debt settlement service; most of them are scammers.

    I have pasted a link to the FDCPA to help you with your state federal rights;

    http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf

    Washington collection agency complaint form: http://www.dol.wa.gov/forms/600006E.pdf

    Washington statute regulating collection agencies: http://apps.leg.wa.gov/rcw/default.aspx?cite=19.16

    Consumer rights in Washington: http://www.dol.wa.gov/business/collectionagency...

    Look for a qualified consumer protection attorney for a low cost or free consultation here:

    http://www.naca.net

    You should read the FDCPA from the links above and become informed about your rights; this will help you and your lawyer.

    I hope this information and generic advice is helpful.

    Only If and until you and I sign an Agreement for Legal Services, I am not your attorney. These answers are provided for informational and/or novelty purposes


  2. Settling a post judgment debt can become an expensive affair quickly. I agree with the above attorney's answer. I think a bankruptcy consultation holds the answers you seek.If you can file quickly, you stand a great chance of getting the garnished funds back.


  3. You can file a Chapter 7 Bankruptcy and have the funds released.

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