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LADY LAWYER
LADY LAWYER, Family Law Attorney
Category: Family Law
Satisfied Customers: 6531
Experience:  Family Law Attorney
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I live in the state of Washington and I was just sent court

Customer Question

I live in the state of Washington and I was just sent court papers for a garnishment of wages the debits are 7 to 10 years old, all old medical bills I support my husband and my self on part time wages my husband can't work due to medical issue's but has been turned down for social security I don't won't to file bankruptcy so what can I do to stop this. any information would be help thankful
Submitted: 1 year ago.
Category: Family Law
Expert:  LADY LAWYER replied 1 year ago.

LADY LAWYER : Hello, Thanks for choosing Justanswer.com! I look forward to helping you today. Please give me a moment to review your question and to answer you.
LADY LAWYER : Before you were served with garnishment papers, were you served with a summons and complaint about this debt that gave you a set amount of time to answer? And if so, did you reply in time?
Customer:

I was sent papers in the mail by certified mail just received them two weeks ago this is all I have and they sent some papers for each account with the court papers

Customer:

I was sent no papers saying that I needed to appear and was not notified in anyway

LADY LAWYER : Thank you.
LADY LAWYER : Is there any way you can scan the documents and upload them here so I can view them?
LADY LAWYER : Debt collectors do sneaky and sometimes illegal things. I would just like to make sure the papers from the court are legitimate.
Customer:

I have no way to scan the papers

LADY LAWYER : Okay. Is there a fourt's name at the top of them?
LADY LAWYER : *court's
Customer:

yes district court for Cowlitz county washington

LADY LAWYER : Okay thanks. Tomorrow, you are going to need to call the clerk of court and ask if there was a lawsuit file against you by this debt collector. The number to call is(NNN) NNN-NNNN Ask if a defualt judgment was entered against you and see if the clerk can send you a copy. If there is a lawsuit and you were never actually served with the lawsuit, you can file a motion to vacate and set aside default judgment.
LADY LAWYER : If that is granted, the plaintiff debt collector will have to refile the lawsuit and serve you properly. When, or even if, they do that, you file a motion to dismiss based on the statute of limitations being up. In WA, a debt collector only has 6 years from the date of default to try to collect a debt.
LADY LAWYER : Chapter 4.16 RCW (Limitation of actions) contain the statutes regarding time limits on civil cases. Specifically, Chapter 4.16.040 gives the statute for a contractual debt, which is what a medical bill would be considered: http://apps.leg.wa.gov/RCW/default.aspx?cite=4.16.040. After your motion to vacate and set aside default judgement is granted, if the collector refilled the suit, you would just use the following statute and ask the court to dismiss the case so that is could never be refilled again: http://apps.leg.wa.gov/RCW/default.aspx?cite=4.16.040.
LADY LAWYER : You can also ask for penalties and damages for them even filing it in the first place.
LADY LAWYER : Most likely, if the default judgment is set aside, they will not refile the lawsuit a second time anyway.
LADY LAWYER : Does this make sense to you?
Customer:

yes I will contact the courts in the morning and find out what has taken place from there thank you very much.

LADY LAWYER, Family Law Attorney
Category: Family Law
Satisfied Customers: 6531
Experience: Family Law Attorney
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