Washington Demand for Payment of an Open Account by Creditor

State:
Multi-State
Control #:
US-0245BG
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Word; 
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Instant download

Description

An open account is created when the parties intend that the individual items of the account will not be considered independently, but as a connected series of transactions. In addition, the parties must intend that the account will be kept open and subject to a shifting balance as additional related entries of debits and credits are made, until either party decides to settle and close the account. In an open account, there is but one single and indivisible liability arising from the series of related and reciprocal debits and credits. This single liability is to be fixed at the time of settlement, or following the last pertinent entry of the account. Finally, the balance must be mutually agreed on by the parties or implicitly imposed on them by law.

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FAQ

A creditor is a someone to whom you owe a debt. If someone owes you money, you are a creditor of that person. If you can't pay a debt when it's due, the creditor may try to collect the debt by sending you a demand for payment, or the creditor may assign the debt to a debt collection agency.

Under Washington law, creditors can garnish as much as 25% of your weekly disposable earnings, or your weekly disposable earnings minus 35 times the federal minimum wage.

There are some assets that are protected from seizure in Washington. In general, it will not be possible for a creditor to take a person's primary residence. Additionally, there are other types of income that are usually exempt from seizure in these circumstances.

Statute of Limitations in Washington In Washington, the statute of limitations on debt collection lawsuits is six years after the date of default or last payment on the debt account. When six years have passed, debt collectors can still attempt to collect these debts, but they cannot file a collection lawsuit.

Washington Bank Account Levy Under Washington law, consumers must receive a notice of a pending garnishment. The consumer can claim an exemption of up to $500 in bank accounts for judgment garnishments. See RCW 6.15. 010 for a list of other exemptions.

Statute of Limitations in Washington In Washington, the statute of limitations on debt collection lawsuits is six years after the date of default or last payment on the debt account. When six years have passed, debt collectors can still attempt to collect these debts, but they cannot file a collection lawsuit.

Washington law requires debt collectors to get a license from the Washington State Department of Licensing (DOL) and post a bond before attempting to collect debts. They must renew their licenses yearly. Out-of-state debt collectors also have to get a license before attempting to collect from Washington residents.

In Washington, the homestead exemption only applies to the first $125,000.00 in value of the home, and the first $15,000.00 in value of personal property. If you have more than $125,000.00 in equity in your home, a judgment creditor might still be able to force the sale of your home to satisfy the judgment.

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Washington Demand for Payment of an Open Account by Creditor