Christopher S. Mulvaney, Esq.
From the creditors perspective your debts are their assets. The less time they spend getting you to pay the more profit they make. Creditors have no incentive to communicate with Debtors except to harass them. Debtors who expect information from Creditors are often disappointed.
Creditors often fail to serve Debtors so that the first notice a Debtor receives of a lawsuit against them is a Writ of Garnishment served on their employer. By that time, a Default Judgment has already been entered more than 30 days ago terminating any appeal rights.
Medical creditors often sell accounts to Collection Agencies without making an effort to contact the Debtor. Unless you pay for it, there isn’t an automatic email notice for every entry on your credit report. Because of this Debtors have an incentive to make sure medical providers and everyone else with whom they do business has multiple ways of contacting them including two mailing addresses, email, and fax.
I believe that email notification of every credit request or entry on a credit report is a fundamental right. Debtors should not be surprised by bills that should have been presented and would have been paid if they had been. Debtors should not be forced to pay more than the amount of the debt in collection costs.
There should be a streamlined process for debt collection that is cheap, efficient, and fair. Disreputable collectors should not be calling Debtors and telling them that there is a warrant out for their arrest and that they are going to jail if they don’t pay a debt. Debt is a civil matter. This is a lie. Disreputable collectors should not be telling survivors that they have to pay the debts of their deceased loved one. They don’t.
NEVER SPEAK WITH A CREDITOR ON THE PHONE. ASK THEM NOT TO CALL AGAIN AND HANG UP. DO NOT IDENTIFY YOURSELF. BLOCK CREDITORS PHONE NUMBERS.
NEVER RESPOND TO A CREDITOR EMAIL. BLOCK CREDITORS EMAIL ADDRESSES.
Creditors prefer the phone because it is cheap and they are not exposing themselves to liability for mail fraud. Respond to creditors by mail, when they send you something by mail.
Here is a Cease & Desist Letter you can use.
Mail the letter to the creditor with the letter they mailed to you after you scan the letter and save the .pdf.
If you do get served with a Summons & Complaint, it is important to file a Notice of Appearance and receive email notice of anything filed in the case so that a Default Judgment will not be entered against you without your knowledge.
Here is a Notice of Appearance Form.
If you are facing a Default Judgment, after which a Writ of Garnishment can be served on your employer requiring them to deduct 25% of your net pay for 60 days or a Writ of Attachment can be served on your bank freezing your balance up to the amount of the Judgment, it is important to calculate your debt-to-income ratio and bankruptcy eligibility for Chapter 7.
35% debt-to-income ratio is considered high risk for bankruptcy. For example, if you earn $50,000 per year and have more than $17,500 in credit card, medical and other unsecured debt, you are unlikely to be able to settle with your creditors and will likely need bankruptcy protection.
This website has a median income by family size chart for calculating bankruptcy eligibility.
Christopher S. Mulvaney’s Mission:
To Always Be a Human Being First,
and My Role Second.
To First, Do No Harm, then to provide the best legal outcome,
smoothest process, best value, and to make a positive difference
in the life of every Client.
Christopher S. Mulvaney’s Mantra:
May I be filled with loving kindness for all life.
May I be safe from dangers within and without.
May I be healthy in body, mind, socially, and spiritually.
May I be at ease and happy, doing good in the world.
For more information about my practice in Bellevue, Washington, please consult my Blog.
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Mulvaney Law Offices, PLLC is located in Bellevue, Washington, representing estate planning & probate, chapter 7 and chapter 13 bankruptcy, and real estate transactions clients in:
Seattle, Tacoma, Everett, Bellevue, Redmond, Renton, Issaquah,
Sammamish, Maple Valley, Burien, SeaTac, and throughout King,
Snohomish, and Pierce counties.