First, I want to warn you that information posted on here is public. It is possible that you are sharing harmful information to the opposing side. Since the opposing side can easily identify who you are based on the set of facts you posted, you need to be careful with what you say/ask here.
Secondly, I don't know what kind of financial shape you are in, but you may want to make an appointment with a bankruptcy attorney. Many offer free consultations. Again, do not share your financial info on here.
Information applicable in Washington State. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Arrow Law Group, PLLC is a debt relief agency as defined by the United States Bankruptcy Code. We help people file for relief under Chapter 7 and Chapter 13 of the United States Bankruptcy Code.
I agree with the previous answer and they don't have to settle if they know where you work they have no incentive because they know how much you make. You need to consult with a consumer protection or bankruptcy lawyer locally for private and specific advice on your particular issues.
Many lawyers on this site offer a free consultation and you can find one near you, make an appointment for legal counseling, and take your paperwork and 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 never personal checks, wire transfers, money grams, or “check by phone.” If the collector finds a bank account, the collector will be more likely recommend a lawsuit to their legal department.
5. 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 that 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 shall be applied to principle first.
If you’re 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, 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.
Links to your 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...
Debt validation template
Look for a qualified consumer protection attorney for a low cost or free consultation:
If this answer was helpful, please mark as helpful below. Be sure to indicate the best answer. Good Luck
You can search the Avvo web site under the Find a Lawyer tab. But always remember to act quickly because for every legal right you have, there is only a limited amount of time to actually file a lawsuit in court or your rights expire (it's called the statute of limitations), so don't waste your time getting to an attorney and finding out what your rights are.
Please be sure to indicate the best answer. If this answer was helpful, please mark as helpful below. 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
Thomas Morningstar is in Tacoma. He is associated with Edgar Hall of Washington Debt law. That is a reasonably helpful website. Elizabeth Powell
Using Avvo does not form an attorney client relationship.
A bankruptcy (Chapter 7 or 13) may be the best way to handle this.
I'd be happy to discuss it with you if you would like to give me a call. A review of your financial situation is needed to determine if this would be a good course of action.
I think you probably need to get counsel to make sure they know you are
serious and figure out where you are in the lawsuit and take steps as
necessary. That counsel needs to be in touch with Bart Adams right away,
and put in the notice of appearance right away.
This e-mail was prepared using Dragon voice recognition software.
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Contact a bankruptcy lawyer. Most of us offer free consultations. During that meeting you can set up a game plan to either prevent the judgment from being entered in the first place or how to stop the garnishment if it starts. There are several ways to solve your issue.