If Evergreen Professional Recoveries tries to contact you, the agency must closely follow the statutes enacted by federal and Washington state law. Passed in 1977 by the United States Congress, the Fair Debt Collection Practices Act (FDCPA) put an end to decades of third party debt collector abuse and threatening tactics.
The FDCPA also prohibits debt collectors from implementing deceptive debt collection practices, such as telling consumers they have a limited time to accept “this terrific offer.” Washington grants residents consumer protections under the legal umbrella of two laws: Collection Agency Act and Consumer Protection Act.
Speaking with a Washington licensed consumer protection law attorney can help determine if you have the legal grounds to file a claim against Evergreen Professional Recoveries.
Debt Collection Statute of Limitations in Washington
Defined for debt collections, the Washington statute of limitations represents a fixed period that debt collectors have to pursue a debt owed to them. If Evergreen Professional Recoveries contacts you after the statute of limitations has expired for a debt you owe, you should contact a licensed attorney to file a claim.
Under Title 4, Chapter 16 of the RCW, written contracts and accounts receivables have a statute of limitations of six years. Oral contracts come with a statute of limitations that lasts three years. Debt collectors enjoy the legal right to pursue judgments and recovery of property up to 10 years after a court has granted approval of a request.
Can a Debt Collector Add Fees and Interest?
When a third party debt collector purchases a debt from the original creditor, the agency or law firm assumes the financial burden of collecting for unpaid fees and interest charges related to the debt. Can a third party debt collector tack on additional fees and interest?
In the state of Washington, the answer is yes if a consumer agreed to pay “collection costs” as spelled out in the original contract. You should consult with a licensed attorney to see if there is language in the original contract that allows a debt collector to charge fees and interest.
How to Handle a Wage Garnishment Judgment
A debt collector needs a Washington court to approve a request for wage garnishment for collecting a consumer debt. Debt collectors receive a judgment that allows them to contact your employer to initiate the wage garnishment process.
Washington caps wage garnishment to 25% of the disposable income earned each pay period or 35 times the federal minimum wage, whichever is the lesser amount. If your disposable income is $600 and the minimum wage calculation is $253.75, then a debt collector can garnish only 25% of 600 ($150).
Speak with an Attorney
A licensed Washington consumer protection law attorney can help you understand the legal rights authorized by the FDCPA, as well as the two state debt collection laws. He or she is familiar not only with the legal provisions that have stood the test of time, but also the ever changing legal landscape that defines Washington debt collection law.
*Disclaimer: The content of this article serves only to provide information and should not be constructed as legal advice. If you file a claim against Evergreen Professional Recoveries, or any other third-party collection agency, you may not be entitled to any compensation.