Washington Debt Collection Laws: Know Your Rights in 2024

Your phone rings late at night. Again. You check the caller ID and see the same debt collector. You already asked them to stop calling after 9 PM. They ignore your request and keep calling until you turn off your phone.

Sound familiar? You’re not alone. Debt collectors in Washington often cross the line. They harass consumers daily. But you have powerful legal protections under state and federal law.

Washington debt collection laws exist to protect you from abusive practices. Understanding these laws helps you fight back. You can stop harassment and even get compensation for violations.

Washington State and Federal Laws Protect You From Collectors

RCW Chapter 19.16 sets strict rules for debt collectors in Washington. RCW 19.16.250 specifically prohibits unfair debt collection practices.

Washington also enforces the Fair Debt Collection Practices Act (FDCPA). Federal law adds another layer of consumer protection.

Together, these laws give you strong defenses against collector abuse.

RCW 19.16 Outlines Strict Rules for Debt Collectors

Washington state law requires collectors to follow specific protocols. Violations can result in penalties and compensation for you.

Collectors Must Communicate Professionally

Debt collectors often use intimidation tactics to scare you into paying. RCW 19.16.250(13) prohibits harassment and threatening behavior.

Collectors cannot:

• Call you before 7:30 AM or after 9 PM
• Fail to identify themselves during contact
• Continue calling after you tell them to stop
• Call your home more than three times per week
• Call your workplace more than once per week
• Threaten violence or force
• Threaten criminal prosecution
• Use profane or offensive language

These restrictions apply to phone calls, texts, and other communication methods.

Collectors Cannot Lie or Misrepresent Themselves

RCW 19.16.250(4, 14-16) prevents collectors from using deception.

Collectors cannot:

• Pretend to be government officials or law enforcement
• Use forms that look like court documents
• Lie about attorney fees or court costs
• Threaten legal action they don’t intend to take

Many collectors violate these rules hoping you won’t notice. Document every interaction.

Wage Garnishment Laws Limit How Much Collectors Can Take

Even with a court judgment, collectors cannot take unlimited amounts from your paycheck. RCW 6.27.150 sets garnishment limits.

You can file for an exemption if garnishment causes financial hardship. A judge can stop or reduce the garnishment amount.

The Fair Debt Collection Practices Act Adds Federal Protections

The FDCPA provides additional safeguards for Washington consumers. Section 816 requires collectors to follow state law first.

Federal Law Prohibits Abuse and Harassment

Section 806 of the FDCPA bans harassing behavior.

Collectors cannot:

• Use or threaten violence
• Use profane or crude language
• Publicly list your debt to embarrass you
• Falsely advertise the sale of your debt

These protections apply even if you owe the debt.

Debt Validation Gives You Verification Rights

Many collectors buy old debts with incomplete information. They hope you’ll pay without asking questions.

Section 809 requires collectors to send written validation within five days of contact.

The validation notice must include:

• The original creditor’s name
• Complete debt breakdown
• Your right to dispute the debt
• How to request more information
• Notice that silence means acceptance

You have 30 days to dispute the debt in writing. Collectors must stop collection until they provide proof.

When facing a debt lawsuit, our partner Solo helps you respond properly and negotiate settlements.

How to Fight Back Against Collector Violations

Most collectors violate consumer rights daily. They assume you don’t know the law. Prove them wrong.

Follow these steps when a collector breaks the rules:

1. Document every interaction. Save voicemails, emails, letters, and text messages. Note dates, times, and what was said.
2. Send a written cease and desist letter. Quote the specific law they violated. Demand they stop the illegal activity.
3. File complaints with enforcement agencies. Contact the Federal Trade Commission, Washington Attorney General, and Consumer Financial Protection Bureau.
4. Dispute inaccurate information on your credit report. Credit bureaus must investigate within 30 days.
5. Consider legal action for serious violations. You may recover up to $1,000 per violation under the FDCPA. You can also recover attorney fees and court costs.

Strong documentation strengthens your case. Collectors often settle quickly when you show proof.

Settling Your Debt Ends the Harassment

You can resolve debt without going to court. Settlement offers a practical solution.

In a debt settlement, you offer a lump sum payment. Typically, collectors accept 40-60% of the balance. They drop the lawsuit and forgive the remaining debt.

Benefits of settlement include:

• Avoiding court judgments
• Stopping collection calls
• Resolving debt for less than you owe
• Moving forward with your life

Settlement works best when you have a lump sum available. Many collectors prefer guaranteed payment over lengthy court battles.

Understanding the Statute of Limitations in Washington

Debt doesn’t last forever. Washington has time limits for debt collection lawsuits.

The statute of limitations is:

• 6 years for written contracts
• 3 years for oral agreements
• 6 years for promissory notes

After the deadline passes, collectors cannot sue you. They can still ask for payment. But they cannot get a court judgment.

Never make a payment on old debt without checking the statute. A single payment can restart the clock.

Your Rights When Collectors Sue You

Getting sued feels overwhelming. But you have important legal rights.

You must respond to the lawsuit within the deadline. In Washington, you typically have 20 days. Missing the deadline results in a default judgment.

Your response should:

• Admit or deny each claim
• Raise affirmative defenses
• Challenge the collector’s evidence

Common defenses include:

• Statute of limitations expired
• Wrong defendant named
• Debt already paid
• Amount claimed is incorrect
• Collector lacks proper documentation

Filing an Answer forces collectors to prove their case. Many lawsuits get dismissed.