Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
You want to contact the lawyer and explain your financial situation
lawyer may ask for some proof
you may supply it to support it
then work out a settlement
most of these lawyers want to end the case quickly and worry about bankruptcy
so many will give you a cut in balance, and time to pay
often 1-2 years to pay it off, more if you show real hardship
You can also ask for proof of debt
if the lawyer and his client lack it, they cannot collect.
Is that clear and acceptable?
Have a good night
Kindly click on an excellent rating for the answer.
I don't see myself having the means to pay for it. I'm working only part time receiving minimum wage. I have 2 kids ages 5 and 6. I'm going to nursing school - 2 years left. So, I'm living below the poverty line.
But of course I'm still afraid that they may garnish my wages (even though I make very little). Can they do that?
Also, I heard that after 7 years, the debt will be "off my record" in my credit report. But will the creditor still be able to collect after that? I'm thinking by then, I (hopefully) will get a nursing job and will indeed be in a better position financially.
If no assets to pay the creditor may write it off as not collectable.
It cannot collect funds you do not have
The statute of limitations is 6 years, so after that time a claim may not be pursued in court anymore.
n Washington, 75 percent of the judgment debtor's income or 40 times the minimum wage (whichever is greater) is exempt from garnishment. That means the judgment creditor only can garnish 25 percent of the judgment debtor's wages at a maximum.
Bankruptcy is a further option that can discharge the debt.
I wish you the best.
Please let me know if the answer is now acceptable
Thank you for your response. I was served last night with the court paper. It requires me to respond within 20 days. So, at this point, according to the answers I have from you, I am planning to:
Write up a reply saying that I do want to pay but I don't have money. And explain that: (1) I work part-time and I'm a part-time student. I'm also caring for my two small children alone. (2) I'm currently receiving financial assistance from the state to buy groceries. (3) The only possession I have that is worth any money is my car - a 1997 Toyota Camry with over 200,000 miles on it. But without the car, I cannot work. (4) I have no savings accounts.
My questions to you are:
(1) Is my plan a reasonable "defense"? (2) Should I attach any proof of income (W2, bank statements, tax returns) to my reply to the court?
(3) You said that in WA state, "75% of my income or 40 times the min. wage" is exempt from garnishment. Can you explain a little bit more? For example, on a monthly basis, does it mean 75% of my monthly gross income (without counting state assistance)? In WA, the min. wage is about $9. Does it mean $360 (40 x $9) each month is exempt?
I look forward to your reply. Thanks.
1. In the answer you want to generally deny. In phone discussions you can discuss finances
2. that is 75% of gross income.
3. that is correct
given your income, the creditor is not likely to even attempt a wage levy
and is more likely to work with you
Is the answer now acceptable?
Yes. Thank you.
I cannot rate your answer - the computer says you have not finished with answering my questions.
Please try now, not sure why it didnt work
Have a great weekend
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