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I don't have any expertise in forums, so please forgive and let me know if this should go elsewhere (provide link)
I was served today (July 2022) via certified mail in person. Debt is from surgery in vJanuary 2012
I had a previous garnishment on the same debt in 2013 and was only partially fulfilled before leaving employer.
This debt has not been reported on my credit for 4+years. I believe it is beyond statute of limitations.
My understanding is this notice received was filed only and not singed by Judge, and no listed court date for me to argue my side....
Do I have any recourse on this?
Documents:
@JBincognito wrote:I don't have any expertise in forums, so please forgive and let me know if this should go elsewhere (provide link)
I was served today (July 2022) via certified mail in person. Debt is from surgery in vJanuary 2012
I had a previous garnishment on the same debt in 2013 and was only partially fulfilled before leaving employer.
This debt has not been reported on my credit for 4+years. I believe it is beyond statute of limitations.
My understanding is this notice received was filed only and not singed by Judge, and no listed court date for me to argue my side....
Do I have any recourse on this?
Documents:
There is no "side" for you to argue. They are not suing you they are seeking to garnish your wages, levy bank account(s) and seize non-exempt assets. Judgments in Washington are good for 20 years which means they have until 2032 to collect on this including post judgment interest and costs. It is not beyond the statute of limitations for them to collect. You need to respond to this ASAP because in many states failure to submit to a debtor's exam (which is what this appears to be) can be a criminal offense and they issue an arrest warrant for you.
If you can offer a lump sum settlement as satisfaction in full that will resolve the entire issue. Legally, because they were garnishing you in 2013 you know about the judgment and do not have a basis to have it vacated.
So who/how do I respond? There's no information provide asking for a response. There is an "exemption claim" form, that I don't seem to qualify for.
Googling debtors exam... There is nothing provided in information served today that asks any of those questions
@JBincognito I would contact an attorney in your area asap!!!
@JBincognito wrote:I don't have any expertise in forums, so please forgive and let me know if this should go elsewhere (provide link)
I was served today (July 2022) via certified mail in person. Debt is from surgery in vJanuary 2012
I had a previous garnishment on the same debt in 2013 and was only partially fulfilled before leaving employer.
This debt has not been reported on my credit for 4+years. I believe it is beyond statute of limitations.
My understanding is this notice received was filed only and not singed by Judge, and no listed court date for me to argue my side....
Do I have any recourse on this?
Documents:
If they had a prior judgment which they partially collected, there is a balance- and it is still a valid judgment. Worse, they have likely added on more interest, penalties, service of process, etc etc..... You should call to settle it.
@JBincognito wrote:So who/how do I respond? There's no information provide asking for a response. There is an "exemption claim" form, that I don't seem to qualify for.
Googling debtors exam... There is nothing provided in information served today that asks any of those questions
You may not need to respond YET. I would check with a WA attorney to find out what the lawyers and creditor need to do next after filing these motions. My educated opinion is the next thing you are going to get hit with is the debtor's exam. It looks to me like they have filed the proper documents with the court to seize assets. When the judge signs those the next step is a debtor's exam requiring you to disclose all your assets. After that they would move to seize them. They have likely sent these copies to you because it is legally required and the are hoping you reach out and arrange to settle this. I highly recommend doing so because with each step they have to take it adds more expenes that you are responsible for on to the total owed.