Wednesday, November 4, 2009

Consumer Credit Laws in Washington

As a resident of Washington, you have several rights under federal and state laws in relation to consumer credit reporting as well as general consumer debt. Whether you owe a long-past due medical or credit card bill, suspect you are a victim of identity theft or lost your job and might have to file bankruptcy, you can sometimes exercise your legal rights even if you don't choose to hire an attorney.

Statute of Limitations

    If a debt collector sues you for a claim once six years have passed, his company violated state law 4.16.040, according to the "Credit Cards" website. The statute of limitations does not prevent agencies from attempting to collect past due credit card accounts, medical bills and similar consumer credit obligations. If you are sued past the statute of limitations, you must not simply ignore the summons; visit the court on the day of your hearing and inform the presiding judge that your rights under state law are being violated by the creditor's lawsuit against you.

Bankruptcy Protection

    One of the greatest consumer credit rights granted by the federal government to Washington state residents is the ability to declare bankruptcy in times of financial hardship, according to the book "How to File for Chapter 7 Bankruptcy." Most Washington residents apply for Chapter 7 debt relief or a partial debt repayment plan under Chapter 13, according to the United States Western District of Washington Bankruptcy Court. But unless you can prove serious hardship, as of 2010 federal laws mandate the payment of $274 in court costs for Chapter 13 or $299 for Chapter 7. You also can't include tax bills less than three years old, child support, alimony, court fines and funds owed due to crimes like drunken driving or embezzlement. Also, receiving a Washington bankruptcy discharge for federal student loans is very rare and reserved for cases of serious financial hardship caused by a significant and permanent disability.

Credit Security Freezes

    If you suspect you're a victim of identity theft and live in Washington, you have state-guaranteed rights to place a "security freeze" on your consumer credit reports, according to the "Financial Privacy Now" website. Laws passed in 2008 also enable all Washington residents to freeze their credit reports upon request and payment of a nominal fee. A hold on your consumer credit reports requires prospective lenders to contact you before issuing any new accounts in your name. You can remove the freeze temporarily at any time if you wish to engage in a transaction like applying for a new credit card. Credit report freezes issued to Washington residents can last permanently if they wish to have such protections.

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