22 posts shown.
John Clark6 said:Well, you shouldn't actually need those old statements if you're arguing based on the statute of limitations rather than claiming you already paid, right? I just hope you've double-checked your math on that expiration date (specifically looking for that JB stamp indicating when the decision was officially issued)—you definitely don't want any awkward looks at the hearing or to get hit with extra legal fees from the creditor for an extra appearance. And hey, don't sweat the lack of income too much; they can let that debt sit for years while interest and extra processing costs just keep piling up.
I'm curious, when does the absolute statute of limitations kick in for everything? If I've got this straight, it's after 10 years, but I'm not totally sure if the clock starts from when the judgment becomes final or from the actual due date on the original bill?
What kind of power does a US Marshal or a process server actually have when they show up at my front door to seize assets?
Here’s the deal: there’s already an enforcement order out there, which is why my bank account is frozen, but since there’s zero cash in there, the creditor hasn't been paid. I’m guessing the creditor asked to pivot the seizure to physical property, because now a marshal is showing up at my house. I wasn't home when they stopped by, so they just told my family they'd be back on a specific date.
I really need to know what their actual authority is—like, what can they legally grab and what's off-limits? Can they force their way into the house if I’m not there and my family tries to block them? Look, I’m just a student with basically nothing to my name, so there isn't any paper trail for "assets." It’s just clothes and basic everyday stuff. Are they allowed to seize my clothes, and how do they even decide what belongs to me versus what belongs to everyone else living here? It feels like it’s all up to their discretion, and they might just guess based on size or style that something is mine.
Basically, what's the smartest move here? Should I just stay out of the house when they show up, or should I be there and tell them, "Look, I don't own anything, this is my parents' place, and everything inside belongs to them"? Do they actually have the right to rummage through things and play judge and jury on what's mine and what belongs to my parents?
It honestly seems like in a country where we're supposed to have legal certainty and the rule of law, they shouldn't be able to touch anything. If they have this much unchecked discretion, it totally flies in the face of how the legal system is supposed to work.
What do you guys think is the best way to handle this? Should I be home or just lay low?