Legal Question in Credit and Debt Law in Washington

Re: Need help

In Washington, if you don't file a notice of sale with the Department of Licensing, and the car is abandoned, you are presumed liable for the abandonment. Presumed, not proven liable.

However, because this debt is 14 years old, the statute of limitations has run on it. Unless you re-activate the debt by making partial payment or signing a repayment agreement, they cannot collect.

Collection agencies violate federal law when they threaten to take action that they can't legally take (like saying they'll sue and garnish your wages when the statute of limitations has run). You should write them a letter stating that they've violated the Federal Fair Debt Collection Practices Act.

Under federal law, if you ask them not to contact you, they are forbidded to contact you again, except to sue; which they can't do in this case. Put a demand that they not contact you again in the letter. Keep a copy for yourself and send it certified, return receipt requested.

If they continue to contact you, get an attorney to sue them. You might also file a complaint with the Federal Fair Trade Commission, which regulates collection agencies.

Finally, follow the credit bureau's dispute proceedings to request that this debt be removed from your credit report. Again, keep copies of everything and send it certified.

Feel free to call my office if you'd like to make an apointment. Thanks,

Michelle Farris

www.michellefarris.com