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MShore
MShore, Attorney
Category: Legal
Satisfied Customers: 25285
Experience:  Negotiate, Draft, and Review many complex commercial agreements each year.
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i have a vacation condo in Maui that i just found out from

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i have a vacation condo in Maui that i just found out from a collection agency that it is going to be auctioned on nov 18. neither the bank, nor the collection agency(in Hawaii) sent me any notice of this. the docs were prepared on sept 9th, but i just was notified. if it goes to auction, and is sold for less than the balance, can they go after my wages, bank accts and the home i live in, in Washington state?
Submitted: 4 years ago.
Category: Legal
Expert:  MShore replied 4 years ago.
do you know if the mortgage is construed under the laws on WA or Hawaii?
Customer: replied 4 years ago.
i am guessing it is Hawaii as that is where the attorney and the collection agency is: Routh Crabtree Olsen. I live in Washington.
I own the Maui Condo.(well so far)
Expert:  MShore replied 4 years ago.

Yes, they can come after your wages, and other property including your home but subject to limitations. Since you are a Washington resident, Washington exemption laws would apply. The State of Washington has exempted the property and income below from seizure to to pay creditors:


Real Property: Real property or mobile home to $30,000; must file homestead declaration with county [6.13.010 and 6.13.030] Note: Read statute for special exemptions if you are seeking to discharge Washington state income taxes

 

Personal Property: Clothing, unlimited amount, but value of furs and jewelry cannot exceed $1,000 [6.15.010(1)]; books up to $1,500, keepsakes and pictures, unlimited amount [6.15.010(2)]; appliances, home and yard equipment, furniture and household goods, up to $2,700 total, and food and fuel, amount needed [6.15.010(3)(a)]; any personal property up to $1,000, but only $100 of this can consist of cash, stocks, bonds and other securities or bank deposits [6.15.010(3)(b)]; up to two motor vehicles, not to exceed $2,500 total [6.15.010(3)(c)]; farm equipment consisting of seed, stock, tools, equipment and vehicles, up to $5,000 total [6.15.010(4)(a)]; library, office equip. and furniture and supplies of attorney, clergy, physician or other professional, up to $5,000 total [6.15.010(4)(b)]; tools of trade up to $5,000 [6.15.010(4)(c)]; burial plots in non-profit cemetery, unlimited amt [68.20.120]

 

Insurance / Annuities: Fraternal society benefits, unlimited amount [48.36A.180]; group life insurance policy or proceeds, unlimited amount [48.18.420]; insurance proceeds for destroyed exempt property up to exemption amount [6.15.030]; life insurance proceeds if beneficiary is not the insured, unlimited amount [48.18.410] disability proceeds or benefits, unlimited amount [48.18.400]; annuity proceeds to $250 per month [48.18.430]

 

Pensions / Retirement Plans: IRAs and retirement benefits, unlimited amount [6.15.020]; public employees, unlimited amount [41.40.052]; city employees, unlimited amount [41.28.200]; state patrol officers, unlimited amount [43.43.310]; volunteer firefighters, unlimited amount [41.24.240]

 

Public Benefits / Entitlements: Unemployment compensation, unlimited amount [50.40.020]; workers' compensation, unlimited amount [51.32.040]; aid to families with dependent children, unlimited amt [74.13.070]; crime victims' compensation, unlimited amount [7.68.070]; general assistance, unlimited amt [74.04.280]; old-age assistance, unlimited amt [74.08.210]

 

Wages: 75% of earned but unpaid wages [6.27.150]

Miscellaneous: None.

MShore, Attorney
Category: Legal
Satisfied Customers: 25285
Experience: Negotiate, Draft, and Review many complex commercial agreements each year.
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