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COLLECTIONS: QUESTIONS AND ANSWERS

CONTENTS

How do I collect money owed to me?
What if a demand letter is not successful?
Can I recover attorney fees?
Can I just garnish his/her wages or attach his/her car?
Is there a time limit to when I can file a lawsuit?
How long is a judgment good for?
What if I have security?

How do I collect money owed to me?

Often a demand letter to the person, who owes you the money will motivate payment.

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What if a demand letter is not successful?

You may chose Collectionsnot to pursue the claim, assign the claim to a collection company, who will often take a third of any recovery or you can file a lawsuit. You have several options if you file a lawsuit. You could file in Small Claims Court for amounts under $4,000.00. No attorney's are allowed in Small Claims Court. You do have to be sure to name the right person or entity. You could file in District Court for amounts up to $50,000.00 or in Superior Court for all claims. District Court is often cheaper and faster. Attorneys are allowed in District and Superior Court civil cases.

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Can I recover attorney fees?

Some statues provide for attorney fees, but there is no general right to attorney fees. You can recover attorney fees, if your written agreement provides for that. If your agreement has no provision for attorney fees, it is unlikely you will receive attorney fees. If your claim is less than $10,000.00, there is a process that you can follow to obtain attorney fees, but there is still no guarantee that you will obtain attorney fees.

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Can I just garnish his/her wages or attach his/her car?

Before you can obtain a garnishment or attach property, you usually need to have a judgment. In some situations, it is possible to obtain a prejudgment garnishment or attachment, but you still have to file a lawsuit and usually are required to put a bond up to cover any expenses or losses due to these actions.

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Is there a time limit to when I can file a lawsuit?

In Washington, written contracts and accounts receivable for a business usually have six (6) years from the time the obligation was incurred or the last payment was made to file a lawsuit. Verbal contracts have three (3) years from the time the obligation was incurred or the last payment was made to file a lawsuit.

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How long is a judgment good for?

In Washington, a judgment may be enforced for ten (10) years from the date it was issued. You may petition the court to extend the judgment for an additional ten (10) years. However, you must petition before the first ten (10) years has ended.

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What if I have security?

Some agreements are secured by property, such as a mortgage on real property or a lien on a car. Sometimes you may collect monies by foreclosing on your security. There are often procedures that need to be followed or you could lose your security and even be liable for damages if the procedures are not followed correctly.

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We have represented clients throughout South King County and more specifically Auburn, Maple Valley, Kent, Des Moines, SeaTac, Federal Way, Renton, Tukwila, and Burien.

To make an appointment, please call 425-277-0977 or click here for an Appointment.

Law Offices of David P. Tracy
108 Wells Ave. S.
Renton, Washington 98057
425-277-0977 Fax 425 277-4749


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