Posts by Jesse Mendoza60

vividfalcon31 said:I can't speak for myself, but those guys from Memphis you're trying to push out? They'd probably end up right where you'd be stuck if you ever made it to New York City...

honestly, New York City feels way too close for comfort, I'd probably just hop a flight all the way to Canada... I've just had enough of this whole thing at one point...

but hey, you enjoy yourself... you're young, you'll eventually realize there are some values you just don't mess with, and that this city is supposed to be a place where people actually come together... though today certainly didn't show much of that...☕

vividfalcon31 said:I honestly have the most respect for the folks acting tough right now... but if things actually kicked off, they’d be the first ones lining up at the station to catch a train to New York City.

Exaggerating? Give me a break... I actually live in this city, I'm raising my kids here... And if things really go south, well... god forbid anyone ever has to deal with stuff getting that heavy...

It’d be great to roll in on the 18th and just take a little stroll through town... while you’d probably be the first one out there defending the city while I'm halfway to New York City... yeah, right...

vividfalcon31 said:

...

Honestly, I’m just disgusted... how can both sides act like this in a place like Memphis? Just pack up and get out of town already, go find some other spot to fight, and why don't you all just take a collective dive into the Mississippi River while you're at it... All those guys and local crews from the surrounding suburbs finally meeting up in Memphis just to beat the hell out of each other... It's pathetic, really... seriously shameful...

analogscout15 said:I’m definitely going to get on top of this... I actually have the phone numbers for the law firm right here—I'll be giving them a call tomorrow morning. This whole situation just feels incredibly surreal..

Look, they aren't going to be able to just snatch funds out of your account because they don't have any legal leg to stand on. If you actually receive an enforcement notice, you absolutely have to step up and file a formal objection if everything is going down exactly the way you described it...

The sooner you get in touch with them and sort this mess out, the better it's going to be for everyone involved.

Lawrence Mendoza said:😁 Got an enforcement notice yesterday because I missed some water bills. I’m sitting on $433 in unpaid debt. Of course, they tacked on notary and lawyer fees that bring the total up to almost $333. If I settle the $433 water debt within 8 days, am I still on the hook for those extra costs?
http://i57.tinypic.com/rbe89w.jpg
http://i61.tinypic.com/2nk6fic.jpg

The costs already incurred? Yeah, you're on the hook for those... the ones you could see coming? Not necessarily...

What’s the move here:

The debtor filed an objection against the notary's ruling—which, honestly, is totally justified since he's got a solid repayment plan already in place for this debt—but then the court immediately hits him with a bill for a $33 advance on court fees (and they did this before they even sent out the stay order?!). Look, everything seems fine on the surface, $33 will eventually pay one way or another if this actually makes it to a judge... but what happens if the creditor decides to just pull the plug and withdraw the attachment request? Then the debtor is stuck losing his $33 because he hasn't even stepped foot in the courtroom to demand them back, and from what I can gather, Article 43 of the civil procedure code says there's no right to a refund... So how is a debtor supposed to get his hands on those $33 court fees??

To make things even more ridiculous, the total amount being chased is only $25.

Thanks for any insight!

wearyotter36 said:there’s really no reason to lug clothes around every single day if you can just leave a few days' worth at the office ahead of time

Man, honestly? It’s way easier to just grab stuff every morning than it is to basically move half my closet to work every week... I think I'll just stick to my backpack🙂.. yeah, let's go with that🙂

Black Rabbit, I never even considered that whole thing about deodorants and antiperspirants... but you know what? It actually makes total sense, definitely.

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I don't know about everyone else, but there's one thing that's absolutely killing me... the sheer boredom... the exact same commute every single day, so now I've started listening to the radio (with one earbud in). I seriously envy you guys who get to spend 2 or 3 hours driving every day just for the hell of it.

Peter Price9 said:do banks actually give out loans equal to the garnishment amount to workers who aren't full-time employees and are just working on contract

Look, Bank of America will throw money at you if they think they can actually get paid back... theoretically, you could have a one-year contract and pull a six-month loan out of it... but honestly, getting anything longer than the actual contract term is a massive uphill battle... easiest thing to do is just walk into a branch and ask...

Daniel Martinez9 said:You should read the law, but if the debtor transferred property before any legal action started, you're probably stuck. Proving someone moved assets just to evade a judgment is a tough hill to climb...
Especially if they transfer stuff to, say, their kid. Not only will no judge void that kind of contract, but you'll end up dealing with Social Services and the Children's Ombudsman if they decide to get aggressive about the child's rights...
Let me explain. I've heard plenty of stories where parents, lured by high interest rates, dipped into their kids' savings. When they tried to withdraw it for what they planned to buy, the Bank of America response was basically: "That's the kid's money; you can't touch it without clearance from the social services agency." And then comes the shocker—you'll only get that clearance if you pull a gun on them... or if you have "connections"... 😉
Regardless, read the law. Read it a few times. You could screw up badly here. You could lose a lawsuit like that easily, and then you're stuck because the debtor can turn around and sue *you* for court costs and legal fees...
So, before you start an enforcement action, weigh your options carefully based on what you're targeting... (usually, people go after liquid cash)...

Since I'm already here...
Question for the smart people since I'm clearly not one of them 🙂.
Enforcement for unpaid child support. Does that skip the line ahead of other judgments, and what percentage of income does it take (assuming there's already an existing garnishment taking a third)? Can someone drop links to the specific part of the law regarding child support enforcement... or just copy-paste it? Everything I find is either outdated or advice from back when Marshall was still around...
Also, what's the statute of limitations for collecting child support? (I found five years, but I need confirmation 😉)

Once I get an answer, I have another question depending on what you tell me.. 😉

Family Law section 232a basically states that support payments take priority over all other types of garnishments...
And then under the Enforcement Act, article 173, it covers which portion of your income can be seized through that process...

As for the Child Support Agency statute of limitations... I'm not entirely sure... but if they've already started formal collection proceedings for it, then the standard ten-year limit kicks in...

I've been hitting the road every single day for about the last month or so, usually taking the route through 11 miles in one direction. We don't have showers at the office, unfortunately, but honestly, it’s not even a huge deal for me. I tend to cruise at around 20-14 miles/h, so I don't end up drenched in sweat, especially since the morning air is still pretty crisp... I carry my work clothes with me every day too. At least that's the plan until autumn hits, then I'll just play it by ear depending on how the weather behaves!

p.s. I'm loving it... seriously, it's a million times better than sitting in a car...

redcrane22 said:Can someone tell me if a legal entity that filed an enforcement order through FIN can actually withdraw it? Like, if the principal amount is paid off, what else needs to be settled with FIN specifically? The enforcement hasn't actually been carried out yet because there aren't enough funds in the account, and the person is currently in talks to get the interest waived...
Also, is there any way to get those notary fees waived or deducted?

Only if the company decides to eat the costs for both JPMorgan Chase and FIN themselves. Honestly, the odds of that happening are pretty pathetic... it’s basically like asking them to just forgive part of the actual principal amount...

The FIN fee is usually around $67 and JPMorgan Chase will list their cut right there on the order... at least $50 minimum, depending on how big the total sum is...

Just one quick question here...

When you're trying to clear a lien off a vehicle title, is just filing a motion with the court to stay the foreclosure enough? I mean, if I ask the court to send a copy of the order to the local Police Department to wipe the record, do I also need to go out of my way to notify FinTech or whatever else holds the debt, or is that extra step totally unnecessary...

Kate Rodriguez54 said:Dear fellow members,

I am reaching out because I desperately need some advice regarding the following collection issues...

About a year ago, I lost my job, and the overdrafts I already had just spiraled out of control since I had no way to pay them back.

Basically, I originally had an overdraft at my bank of approximately $1333. However, when I walked into the branch a month ago, I was shocked to see the balance had ballooned to about $1800 due to interest and legal collection costs. I never received a single notification—no email, no phone call—stating that a legal collection process had been initiated. Since I no longer reside at my registered address, I never actually received the official notice of judgment. In short, I only found out the collection proceedings were underway because I physically went into the bank.
I tried to negotiate with them, but they insisted I settle the entire amount. My stance is that I am willing to pay off the actual debt I incurred along with the interest (as I expect to receive some funds soon), but I refuse to be held responsible for their legal fees. Recently, I received a tax refund, and instead of letting me have it, the bank simply snatched about $500 from the total balance (covering both the initial deficit and the collection costs).
What I want to know is how on earth the bank can just tack collection costs onto my existing overdraft (which was supposed to be capped at around $1333). Is there any specific legal statute or consumer protection regulation I can cite? I am more than happy to make things right by paying what I actually owe plus interest, regardless of the rate, but I find it absolutely absurd to pay for their legal maneuvers. If there isn't a way to fight for what is fair, then what am I even paying for? Since I never received the court order, is it even valid? I assume they’ve charged me something like $100 for the finality of the judgment, but how can a judgment be finalized if it was never served to me?
Please, let me know what my next logical step should be regarding this matter...

The second issue involves a debt to my cell phone provider—well, technically to the agency that bought their debt.
The original bill was roughly $333, but with the added collection costs, it has climbed to about $667.
Again, I am perfectly willing to pay the principal and whatever interest they've tacked on, but I draw the line at these collection fees, especially since I haven't even been served with the legal notice (I only found out via a phone call that the process had started).
If they won't budge on my proposal, I don't intend to pay them anything. Does anyone know if there is a statute of limitations after which these claims become unenforceable?
I want to clear all my debts; I’ve never been someone who avoids their responsibilities. It isn't my fault that I've been without income for a year, though I fear no one really cares about my circumstances. My big fear is whether this judgment can become legally binding—meaning they could potentially freeze my account the moment I land a new job—if the notice was never properly delivered to me?

Thanks in advance for your help.

Sorry to be the bearer of bad news, but you're going to have to cough up for both eventually. Just because you haven't personally received a formal notice for the garnishment doesn't mean it isn't already legally binding and ready to go...
The statute of limitations is ten years from any action taken, so both of these debts will just be "waiting in the wings" for any money to hit your account. After a while, the creditors might even start coming after your personal property or real estate, which is just going to pile on even more costs and headaches...

Your best bet is to call the bank and the service provider; both should let you set up a payment plan... there really isn't any other way out of this.

darkseal21 said:If an account gets seized, who gets paid first—JPMorgan Chase or the government clearinghouse? If money flows into the account, does JPMorgan Chase grab it first to cover a negative balance, or does the clearinghouse take priority? Thanks for the help.

The IRS grabs their cut first, then they start chipping away at the fees, then interest, and finally the actual principal amount...

neondriver16 said:Hey there,
Parents should really start getting some cash from their son living abroad to help cover the bills.
The thing is, both parents are currently in debt to the banks, so the big question is whether the bank can just swoop in and grab that money—basically, can they garnish those funds?
Thanks,
P.S. Apparently, they need to open a US foreign currency account first.

The whole "some kind of debtors to banks" thing is a bit vague, isn't it?...

But look, if they're already caught up in legal collection proceedings or have their accounts frozen by some federal agency or debt collector, then yeah, that money is likely getting rerouted straight to the creditor...

Anthony Morales3 said:Does anyone happen to know more about this I was wondering if anyone has experience with this kind of loan. Also, how does the credit insurance actually work? Like, what specifically does it cover if someone loses their job or something similar?

I’m pretty sure they cover about 6 payments if you lose your job and maybe 12 if you're out on long-term disability... though honestly, it feels like those 6 payments they claim to "cover" are just things you end up paying for yourself upfront when you first take out the loan anyway...

of course, all that fine print is buried deep on their website somewhere:

EDIT:
over at Zillow, for their mortgage stuff, it says something like this:
Unforeseen life events can happen to any of us. Choose between one of two packages, Assurant/User Insurance
for mortgage loans from MetLife so that you can keep meeting your obligations during unexpected life situations.
During the first 5 years of repayment, in the event of a layoff or extended illness, MetLife insurance takes over up to 6
monthly payments per layoff case (up to 12 total) or up to 12 monthly payments for a single instance of illness (up to 24
total payments), and in the case of death due to illness or accident, they'll pay out 60% of the remaining debt.
By signing up for Assurant, you get a better interest rate and won't have to pay certain fees

Eric Lee7 said:Hey everyone—I’m in a bit of a bind and could really use some quick insight regarding the legal regulations in effect from 2007 through January 1st, 2011, specifically concerning loan repayment limits. See, I’ve got this situation where my bank basically wiped out my entire Social Security check. This happened even though I have a protected account set up specifically to receive two-thirds of my benefits—which is supposed to be off-limits! They’re claiming they can pull funds from that specific account because the loan dates all the way back to 2007. Has anyone dealt with this kind of thing before? Any advice would be hugely appreciated!

Man, unfortunately, it’s totally possible if you actually signed those papers allowing them to garnish more than a third of your paycheck. Back in those days, the standard practice was that people would just sign away their whole salary just to get the loan approved in the first place... It was a mess. I'm honestly not sure if there's anything you can even do about it, since the newer consumer protection laws usually don't apply retroactively to old contracts like yours... it's just one of those things where the system finds a way to squeeze you...

Linda Fowler2 said:To whom it may concern,
I have a question that nobody seems capable of answering with any degree of certainty, and since I need an answer immediately, I am reaching out here.

The situation is this: Since 2003, I have had a judgment lien against all my bank accounts stemming from a court ruling that went against me back then. This February, the ten-year statute of limitations on that specific judgment finally expires. My question is, WHO exactly do I need to formally invoke the statute of limitations against regarding this 2003 judgment? For the record, there have been no new claims, appeals, or any other legal maneuvers from the opposing party in the interim.
Thanks for the help.

It's 10 years under federal law, but only if the creditor hasn't taken any active steps during that time to restart the clock, like trying to change how they're collecting...

Ethan Turner10 said:Hey there,
I’m looking into importing some glass from China. I'm considering either a LCL (less than container load) shipment or maybe just a smaller container for my first run. I already have a supplier lined up, but I suspect I might be able to find the exact same goods at a better price elsewhere. I could really use some advice on how to organize the logistics and navigate the options for group shipping. Any tips on how to get this moving?

I also read somewhere on a forum that when you order smaller quantities via air freight and the supplier offers free shipping, Customs still calculates the duty based on both the value of the goods and the cost of delivery—even if that delivery fee wasn't actually charged to you. Is that actually possible?

Regarding sanitary inspections—as far as I know, any goods related to food have to pass through those checks before they can clear customs. Since the total value of what I’m looking to order is pretty low, around $200, I'm starting to think it might not even be worth the hassle. Does anyone know how I can find out what the actual cost for a sanitary inspection would be?

Thanks in advance!

Shoot me a DM and let me know what you're actually after... I've been importing stuff from China for years now, so I've picked up a thing or two along the way😉. As far as the glass goes, it really depends on the specific type you need, but I can probably help you out there too since I've got some "interesting" connections over there...

Best,

frozenbison60 said:I am requesting assistance because I am completely at a loss as to whom to turn for guidance!
I previously held an account with Chase $833 which included an overdraft facility that I utilized.
Due to accrued interest, I exceeded that limit; the bank notified me, but since I was unable to settle the balance, they initiated legal collection proceedings.
Today, I received a notice of enforcement from a notary public office, noting that I have the right to file an objection within 8 days.
Question 1: Now that the process has been initiated, is it possible to negotiate an installment plan with the bank to prevent the actual seizure of funds (account freezing)?
Question 2: If I successfully reach an agreement with the bank, does it make any sense to file an objection with the notary public's office?
Question 3: Is there any way to reduce the notary fees, which currently amount to $467 (including notary fees, costs for obtaining finality, etc.)? Specifically, can any of these charges be contested or lowered, as the total seems excessively high to me?
Question 4: I have read that child benefits and maternity leave payments are legally exempt from seizure, but I must contact the IRS to request account protection.
Has anyone here had experience requesting account protection, and is the IRS truly the competent authority for such matters, given that the enforcement process was triggered by a notary rather than the IRS?

One additional note: regarding the filing of an objection with the notary, I am not disputing the debt owed to the bank—I fully intend to repay it. In this scenario, must I contest both the debt and the notary fees simultaneously? Furthermore, what occurs if I only dispute the fees while acknowledging the debt? Will the seizure proceed for the principal amount while the fee dispute remains pending, or will the entire enforcement action (both debt and fees) be stayed until a final resolution is reached?

1. Just call up whatever law firm is handling the collection for the creditor and ask them straight up if you can set up a payment plan. There's like a 90% chance they'll say yes and just keep the whole thing "on ice" while you're paying it off. If you do that, you dodge the frozen accounts and all that other headache that comes with it, like extra IRS fees or messing with your overdraft limits...
2. Honestly, don't bother with an objection. There's nothing to really complain about, and if you try, you're just buying yourself a few months of breathing room while driving the total costs even higher...
3. Your notary fee is $58, and then there's the lawyer's stuff... power of attorney, certifications, the whole nine yards... It's unlikely they'll budge on that part, but hey, just ask when you make that first call....
4. Yeah, those are protected funds that go into a specific account... you'll need to set that up through the IRS and let your employer or whichever agency handles the payments know...

I wouldn't even touch an objection... realistically, it's just not worth the hassle...

Kimberly Barnes8 said:Alright, I get that part now. But let's say he has a loan where the payments aren't being pulled by an administrative hold on his Social Security—like, maybe he's just using automatic bill pay or mailing checks. Do those types of payments still take priority over a garnishment? Like, would he still end up stuck in that waiting period even if he's paying those off manually?

Look, that way of paying off a loan doesn't give you any kind of edge over a legal garnishment that's already hitting the account, and they already made it clear how the administrative stuff works earlier...