Washington Debtor And Creditor Legal Questions

Very sorry for your loss.  The answer is "most likely."  I am assuming that he signed and dated the checks and that they are otherwise negotiable.  If so, you have a claim against the estate.  Depending on the size of the estate, you will need to move fairly quickly to perfect your claim.  This is a somewhat complicated area of law.  I suggest that you speak immediately with a local attorney who is familiar with probate laws and claims against estates.... Read More

You are aware of the suit. I suggest facing it rather than trying to dodge service. The attorney acting as debt collector likely violated the Fair Debt Collection Practices Act (FDCPA) by disclosing the details of the debt to your in-laws. You should hire an attorney to represent you and bring the FDCPA violations as a counter-claim. It will likely reduce what you owe. If you cannot reasonably foresee repaying the balance due, you may wish to consider bankruptcy. Also, check the statute of limitations in your state for credit card debts. You may have a defense there as well. ... Read More

A collection agency may not be interested in taking installment payments, but they are likely to take a lump sum payment for much less than the amount owed. Collection agencies often buy debts from the original creditors for pennies on the dollar. If you cannot afford to make a lump sum payment, I suggest saving a little money each month until you can offer a more substantial sum. If you are being threatened with a lawsuit, bankruptcy may be an option to consider. You also may want to consult an attorney who deals with debtor/creditor issues. They may be able to broker a deal for you. ... Read More

It is highly unlikely that the loan will be discharged or canceled because of the changes to the lending law in 2005.  Despite the fact that you have paid off the original principle, and the school closed, you will still owe all the interest.  You have two options.  First, you can try to work out a payment plan with the creditor.  Second, you could file for bankruptcy and try to get the loan discharged.  To receive the discharge you will have to prove hardship with regards to paying the loan off.  It is very difficult to prove this hardship, but you should consult a bankruptcy attorney to determine if you have any chance of receiving a discharge.   This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More