Posts by Daniel Martinez9

Jamie Miller7 said:Daniel Martinez9,

You're mostly right, I guess. But quick fix on that advice about hitting up a notary or a law firm once you get hit with a judgment? They don't actually decide if you can do payment plans or whatever. You have to talk to the actual CREDITOR—you know, the people actually suing you. Also, your bit about paying "just the principal" is totally wrong. It doesn't even work like that. If someone tries to pay just the principal to dodge interest, they're out of luck. Under US law, once a collection process starts, any money you send goes toward legal fees first, then interest, and only then does it touch the principal. So yeah, paying just the principal amount? Doesn't mean a thing; you'll still be in the hole for fees and interest. Makes sense, right?

Filing an objection to a levy cancels the levy, doesn't it?
What you're saying holds water only if the judgment becomes final. You have to deal with the costs and interest before they even touch the principal. By overturning the objection, you're essentially killing that predatory tactic. Exactly. It’s highway robbery! Just imagine an enforcement action for... $23 Retirement benefits for a worker? Not much to say there. $1000 Pensions and income. (Just an example, but I’ve seen this happen firsthand). Since they waited two years to file the garnishment, it hasn't hit the statute of limitations. With interest at around 14.5% annually—last I checked—the debt is sitting at over $70,000 now. $6.75Then the final garnishment kicks in and they start taking a third of your paycheck. It’ll all be paid off within the first year. $4.00 So it stays. $2767 Interest rates are going up. Expect them to climb starting soon. $3.50Even a decent sixth grader would realize they won't have even cleared the interest after ten years. They'll just be paying off the interest alone. $40And they're claiming the principal won't be touched? Calling that anything other than a scam is an insult to anyone with half a brain. Any sane person would have some choice words for them—words I can't exactly print on this forum. How is a worker or a retiree supposed to survive that? $1000 Bank income from loans. $33 Paying interest is just a slap in the face to bank owners and an insult to every regular person out there. In actual civilized Western nations—the kind we love to claim we belong to until it comes to things like these seizures—interest collection works a hell of a lot differently.

Situations like this are entirely possible. Just look at that non-final ruling against Tarik Filipović, where he's facing $250,000 in legal fees. Now imagine if the creditor actually started the collection process.

Forgot to add that, thanks for the heads-up. Don't just drop this case and hope it hits the statute of limitations, because it won't. Once the garnishment is stayed, hammer both the creditor and their lawyer to account for the principal payments. I mean the principal specifically, not the total debt. Since you contested the legal fees and notary costs, only a judge can rule on those, so those amounts are basically up in the air right now.
If the law firm and the creditor refuse to give you an answer, just head to a notary. You can go through them to demand that they finally respond to your proposal.
And most importantly... pay off your debt slowly, and make sure you label the payment "PRINCIPAL" on the check.
If you end up in court, make sure you have proof that you actually tried to settle the debt. If the collector was ghosting you and you’ve got plenty of receipts showing you were paying down the principal, then anything can happen. Who knows what kind of mood the judge will be in? It could be even worse if the judge is having a bad day.

Rebecca Miller4 said:Look, here's the thing—interest on interest isn't technically a thing, but I’d argue that principal isn't the only thing getting hit. You’ve got interest piling up on top of all those legal fees and collection costs, too.

And don't even get me started on default interest. Never does that actually show up clearly on the official seizure notices from the Department of Justice. They just toss in some vague line about "statutory default interest" applied to the principal. It’s never actually spelled out in numbers.

Exactly. NEVER.I’ve seen at least thirty of them myself. I won't get into how some cases ended up in court, mostly because I believe everyone has their own reasons. MORA Pay your debts.
Regarding interest on enforcement costs, I’ve already made my position clear: we're filing an objection against the attorney and notary fees. I can't recall if I mentioned this part—if those fees actually exceed the limits set in the links provided. And what happens if the judge decides the legal fees don't align with the standard tariff? $667 So, $500? Does the interest on that $500 start from when the court ruling became final, or from whenever the IRS filed the enforcement order?

We're overgeneralizing.

As John Clark6 says, there are too many people dealing with collections here, but that’s basically the situation. Don't let a judgment become final, or you're truly screwed. Pay off your debts.

I won't drag this out. I promised to outline some basic steps once someone receives a garnishment notice.
Here’s how it works:
If you’re certain it’s an actual garnishment notice (if you know your local mail carrier well enough, just ask them to let you see the envelope), tell the carrier to take it back to the post office instead. Ask them to leave the slip saying you can pick it up within 7 days, then go grab it on Saturday. Why bother? It’s purely practical—it buys you time to draft an objection and get some solid advice, since you generally have about 7 or 8 days to contest a garnishment order.
A lot of people here have a flawed mindset, thinking that if they don't pick up the notice, it won't become legally binding. That is completely wrong. In reality, the notice will be delivered to your address at least twice (I'll explain why below). After that, the creditor asks the Department of Justice for your registered address, and the notice gets sent there at least twice more.
If it still isn't picked up after that, the notice is posted on the court's bulletin board. After 8 days, it becomes final, and the IRS starts freezing your accounts.
Why "at least"? It's not uncommon for courts or notary offices to use a little trick where they write a surname in messy handwriting that a mail carrier might misread, resulting in a delivery note stating "recipient unknown." In those cases, the post office stamps the legal document claiming the person doesn't exist at that address. They won't try delivering it a second time; they just ask the Department of Justice for your last known residence. If you have a registered address, the process repeats there, though the creditor will likely try their luck with that messy handwriting again. If the package is returned the same way there, they skip the second attempt and go straight to the court's bulletin board. On top of that, you have kids, elderly neighbors, or random people picking up mail who have zero clue what a garnishment notice even is. This makes the excuse "My account was frozen based on a garnishment I never received" perfectly believable. Lawyers who claim this is impossible are LYING (to put it mildly). Why? Just look at who writes these laws. Most people in Congress have someone in their family running a law firm, so we're talking about a massive conflict of interest. In America, we have private companies that handle official mail, but here, we unfortunately rely on guys like Jim from the post office.

Anyway, getting back on track. Once you've picked up that notice, your absolute obligation is to file an objection. Regardless of whether you plan to pay the debt or have already paid it, file an objection to the garnishment order. Why? To quote a recent post from a forum member:

"On June 15th, I received a garnishment motion and paid the debt plus the law firm's fees the very next day. Two days ago, my account was frozen because of that exact same garnishment.

What am I supposed to do now? Take proof of payment to the IRS and call it a day, or is there something else I need to do?"

I hope that quote makes the purpose of an objection crystal clear. Don't play games or trust the sweet talk from law firms promising they'll let you pay in installments. FILE AN OBJECTION!!! Avoid all the nonsense regarding whether or not the garnishment will become final. Also, keep in mind that filing an objection costs money through the court system (since the local court decides on the objection), so you will need to pull a tax certificate proving you aren't a registered tax debtor to waive the court fees, along with the original REQUEST for fee waiver. Furthermore, take a good look at how much notaries and lawyers charge.

Notary fees:

Notary costs are set by the Notary Chamber in their regulations, which can be found at this link:

On the right side, you'll find a link to a .doc file titled
Regulations regarding fees and expenses for notaries during collection proceedings
Make sure to study whether the notary's fees exceed what the law allows. If they do, you absolutely need to file an objection against those notary costs.
If you pay the debt immediately, you aren't required to pay for certain items—like the "finality clause" and one other thing I can't recall right now , so look it up or ask someone.

Lawyers:
Attorney fees are set by the Bar Association through their own regulations; you can check them here:

The relevant rates fall under Article Tbr. 7.
If the attorney's fee exceeds the legal limit, draft an objection against the attorney's fees as well.

You can find templates for all these objections online.
Also, try contacting as many advocacy groups as possible. Most won't offer much, though maybe the American Red Cross might have some leads—they’re the only ones I’ve heard of providing solid support to their members. You'll find a phone number on their site, and they should be able to help you out.

Furthermore, the collection request must CLEARLY separate the principal from the interest. Why does this matter? An attorney can't just bundle interest into the principal and then charge interest on top of that. The law is explicit: interest is calculated ONLY and EXCLUSIVELY on the principal. If the costs are lumped together, write in your objection that you are contesting the entire collection due to "inaccurate data" (there's a technical term for this, but I can't remember it offhand, so look into it—I'm learning as I go too ). A collection notice is essentially a bill where it MUST BE CLEAR AND PRECISE about exactly what you are paying. That means the principal, interest, attorney fees, notary fees, etc., must all be listed separately.

Once your objection is accepted (which it should be if filed promptly—don't wait until the last minute), you will receive a decision from the local court at your home address stating that the collection is suspended and the case is moving to civil litigation. You've won the first round, but don't think it's over. Expect a hearing date for some distant year.
And there is NO STATUTE OF LIMITATIONS!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! For ongoing proceedings, there IS NO STATUTE OF LIMITATIONS!
Get that through your head.

Ultimately, I always say people should pay their debts.
If you do pay, make sure to state that clearly in your objection; the opposing side will likely drop the dispute. However, if money is tight, I recommend paying only the principal and noting that in your objection. This will significantly cut down extra costs, especially the interest that keeps piling up on the principal. Once the principal is paid, interest cannot be charged to you because interest on interest doesn't legally exist.

If the collection amount is massive, there are ways to get rid of the debt forever, but that involves involving a high-level contact and using legal maneuvers that could be considered fraud—or more accurately, an abuse of rights. I won't discuss or dwell on those for your sake. Even lawyers have families to feed.

And please, don't flood me with questions like "is it past the statute of limitations," "how do I appeal," or "what do I do." I'm pulling this information from the law and from precedents involving people who won collection disputes, just like you. I'm just providing the legal tools to protect yourselves from being ripped off when you pay your debts.

Harold Anderson3 said:I mean, honestly, what were we supposed to do? There are 300,000 citizens facing enforcement actions right now; do we all need to go on national TV just to get something moving? Besides, PBS is largely responsible for how this whole mess was cooked up. And of course, my own mother ignored the warnings too, and she ended up paying ten times the original amount—and I mean LITERALLY.😉

People don't need to be on TV or whatever... they just need to fight back. For starters, there's the Consumer Union. They’re funded by the government and pay themselves huge salaries, so the least they can do is help the public:

http://www.consumercouncil.org

Second, you need to be honest about the garnishment. You had an enforcement of $2167. Since you aren't being fully transparent, I can only guess. My guess is lawyer and notary fees are around $1000. So the total garnishment is roughly $1167. One has to wonder how long you went without paying your PBS subscription, since it was about $27 a month, which totals $320 annually. This raises the question of whether part of the debt is statute-barred, because PBS subscription claims expire after one year.
By the way, the statute of limitations is calculated based on when the garnishment was RECEIVED by the notary/local court. That is a major distinction from the date the garnishment ORDER was issued.
Unfortunately, for you, the matter is settled regardless of how unfair you think it is because of:
Contract Law:
Article 221.
If a debtor fulfills a statute-barred obligation, they have no right to demand a refund, even if they didn't know the obligation had expired.

Sadly, they cleaned you out for $3.25. Don't think I'm enjoying this; I actually hate hearing stuff like this. It's because people either don't know their rights or they're just indifferent (laziness, parasitism, cowardice)—not just regarding garnishments, but when it comes to standing up for themselves in general. Anyway, I'll post a guide on how to handle garnishments specifically for the forum users in my next post, once I'm done flying after I hit "send."

As for you—forget what happened and move on.

Harold Anderson3 said:I could really use some help here.
We dealt with a garnishment from $2167 (it was regarding unpaid PBS subscription fees followed by an enforcement process), which we fully settled back on June 4, 2013. Just two days ago, we requested a full transaction history for our checking account covering the last two years. According to those statements, the total amount listed under 'forced collection via order' comes to $3300, which means they've taken $1133 more than what the actual garnishment required.
Does anyone have any idea where this discrepancy might be coming from? I'm wondering if it's just accumulated interest or something else entirely. Thanks in advance for any insight you can share.

To start with, the Federal Reserve charges interest based on their specific fee schedule (which you can request at any of their branches). Then there's the annual interest on the principal, which I remember being around 14.5% (not sure if they've changed it lately). Furthermore, under an enforcement order, you pay off the interest and legal fees (attorneys and court costs) first, and only then do you touch the principal. Plus, interest starts accruing from the day the order was filed, not from when the decision was handed down or when payment was made.
Looking at it this way, you actually got off easy. Sounds unbelievable, doesn't it? 😉
The problem is you received the order and did—nothing; you just let them fleece you. 😉
Now, all you can do is sit there and cry. At least tissues are cheap so you can wipe your tears.

hiddendriver34 said:Thanks for the info. I'm just not sure if hiring a lawyer is worth it, especially if it ends up driving up the total amount I owe (it's sitting around $500 altogether) once you factor in their fees. I am absolutely livid 😠 because I've been backed into this corner without any way to prove my side of the story on my own.

Anyway, Google this a bit:

It’s recommended to contest attorney and notary fees, because in many cases they are excessive and unjustified!

Also, since 5.5 years passed between the filing of the seizure and when you were served the decision, contact the Consumer Union and the Notary Association. Cite a reasonable timeframe for issuing a seizure decision and ask them for advice on how to proceed.

In any case, I suggest paying the amount (assuming you actually owe it) before Friday, minus the portion of the notary costs (finality clauses and such). You can get the exact breakdown from the Consumer Union.
Do I need to do all this for you? (Hope you caught the sarcasm)
If you don't care about being ripped off, that's on you, but don't come crying later claiming everyone else is at fault but yourself.

John Clark6 said:Daniel Martinez9, I think we’ve gone over this at least sixteen times now—but let me say it again clearly: child support claims take absolute precedence, and in your specific situation, they definitely come first! Furthermore, people often misunderstand how statutes of limitations work regarding mobile carrier debts—it’s rarely as simple as you think. Usually, the clock isn't just about when the customer was billed, but rather when the notary officially received the documents. So, even if there's a one-year limit, it could potentially stretch to five years if the notary processed it back in 2007... it's still valid. Most laypeople, myself included sometimes, tend to overlook those nuances. Anyway, here is another bit of free advice for you... though, honestly, maybe you should just head to a lawyer? You'll quickly realize they actually charge a set fee for legal consultations!

Look, here's how it is...
There's really no need for insults.

First off, thanks for the info. Why did I post on this forum? Because those lawyers of yours who charge by the book for advice have wildly different opinions on this matter, and I've already cited one of them.
Actually, to those who tell me the exact same thing you do, I have a suggestion. They can stay the enforcement, and I won't have an issue paying their standard fee (if $3.25 whatever, no biggie boss), provided we draft a valid contract stating that the lawyer won't object to me collecting the debt from them in whatever way I find most advantageous if they screw up the enforcement, or if what they claim (like the part about enforcement taking priority) turns out to be false.
Basically, I pay my share, but I demand a guarantee for the work performed.
After I lay out my terms, the lawyers just stare at me like I'm crazy... one even asked if I thought he was stupid... and when he explained himself, the guy was so polite you'd think he was your best friend...
It seems fair to me. Nowadays, manufacturers provide a warranty for every product, and every contractor gives a guarantee for labor or services rendered, right?

So, are you still sticking to that opinion you gave?

Regarding the statute of limitations, the legal provision is perfectly clear: the timeline is measured until the date the claim is requested via enforcement, not when the decision is issued. In fact, plenty of people don't understand how things work regarding those one-year statutes. It’s mostly companies that issue invoices where the service provider notifies the client of the debt via a line item like "Debt as of XX.XX.XXXX." That entry is considered credible, and the one-year statute should restart from there. But companies don't gamble with that; they file for enforcement right on time.
And yeah, there is a massive pile of court rulings that overturned enforcements due to the statute of limitations.

hiddendriver34 said:Wait, shouldn't a formal affidavit actually come from a Notary Public instead of some random law firm? And honestly, how is anyone expecting me to just have receipts or bank statements sitting around from six years ago?

I keep mine for 10 years. Bad experiences, what can I say.

First off, you need to figure out what you actually received—a formal notice or an enforcement order. There is a massive difference between the two.

Bottom line: get a decent lawyer.
Make sure to bring a tax clearance certificate (not older than 6 months) if you aren't already registered as a taxpayer. That way, your lawyer can waive the court costs for any potential objection.

Also, the deadline for an appeal should be written on the back where the enforcement order was stamped (if there's no stamp, it's not an enforcement order). It’s usually 7 or 8 days from receipt. It's all right there in the fine print.

Since you got the order on the 26th, 4 days have already passed. Hurry!!!.

And the order has to be sent by a notary or the court. If it lists a law firm, it just means they drafted the proposal for the enforcement.

And if the order was filed when you said it was, then there is no statute of limitations issue. The clock starts ticking the moment the law firm submits the enforcement proposal, which gets recorded in the official court registry with a date stamp on the first page. That is the date that matters for the statute of limitations.
However, there might be a violation regarding the reasonable timeframe for serving you the order. In my opinion, someone is in a bit of trouble there.

In any case, talk to a lawyer. 😉

Jesse Mendoza60 said: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...

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...

There is no statute of limitations once enforcement starts... it keeps going until everything is paid off... 😉
Thanks for quoting those laws, but I found them myself and honestly, I had to dig through a mountain of paperwork just to track them down...

Whatever... let's expand this a bit. We're talking about enforcing unpaid child support from before the child reached adulthood. Let's assume the child is now an adult and the claims have technically hit the statute of limitations (meaning 10 years have passed since the last unpaid payment). Now, assume this "adult child" wants to initiate enforcement for those past-due payments. And let's say this "adult child" wants to enforce a final court judgment that became effective, say, 20 years ago...

Logic dictates the kid was only 9 when the District Court issued that FINAL judgment and when the payments were supposed to start. Common sense says that "kid" isn't a kid anymore—they're a 29-year-old adult.

Furthermore, obviously, if someone raises the statute of limitations defense, the enforcement fails. I don't CARE about that part—I hope I was clear, because it’s the first answer I’ve gotten from any lawyer, and frankly, I DON'T CARE...

What I want to know is: does that enforcement (now by an adult) for unpaid support fall under those high-priority claims that jump to the front of the line and skip all existing garnishments?

It's a simple question, yet NOBODY seems to have a clue how to answer it... 😉

One more thing that blew my mind regarding lawyers (specifically their ignorance): a judge only looks at the statute of limitations if a party actually invokes it. I've seen countless cases involving mobile carrier debts that were 100% expired, but unless someone points it out, the judge only rules on what's currently "on the table."

Peter Price9 said:So, I’ve got an enforcement order and my account is currently frozen, though I managed to set up a protected account through the FIN, which is a relief. Now I’m just wondering about the logistics of how my employer handles this—can they just dump my entire paycheck straight into that protected account, or does the law require them to split it up, like sending a third to the blocked account and the rest to the protected one? Any insight would be appreciated.

If the garnishment is specifically against cash, your boss could technically pay you in cash (that's legal enough)... but... the collector can expand the garnishment to your wages, so you might only get some peace for a few months...
Advice: Banks issue loans to cover garnishments at the total amount owed... it's smarter to take a loan with 8% interest and pay it off slowly rather than having a frozen account and getting crushed by 14.5% interest...

mellowheron17 said:Now, what happens if we’re looking at a situation where the "debtor" decides to shuffle their assets over to a family member, and then actually manages to prove they did it specifically to dodge an attachment or a garnishment order?

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.. 😉

Eric Lee7 said:First off, thanks a million for all the replies to my question! I actually did a little digging afterward and found out a few things:

So, there’s this recent regulation regarding how money garnishments are handled, and someone could technically point to Section 26, Subsection 3, which basically says:

Section 26

(3) Garnishments can only be applied to the specific portion of income allowed under Section 173 of the enforcement law, regardless of any prior consent forms you signed about wage garnishment.

If I were in that spot, I’d try sending a formal written request to the Federal Reserve and my bank to ask for an exemption for two-thirds of my income.

You can also write to your bank to demand an explanation as to why they're withholding your entire paycheck now. Plus, you could reach out to the Federal Reserve for a clarification on why they're honoring those old consent statements that were only valid until June 17, 2008.

And hey, if things get really messy, you can always take it to the Supreme Court to challenge whether these types of legal provisions are even constitutional.

While I was searching through this forum for stuff that might point me in the right direction—you know, looking for help—I noticed so many people dealing with the exact same garnishment headaches. So, I figured sharing this info might actually help some of you tackle your own issues. I got all this info from a legal clinic over on Broadway.☕

Sorry for the skepticism, but you should double-check that info.
Getting legal advice from students is a joke, no matter how hard they try. Before even thinking about the Supreme Court, talk to the Public Defender. And don't let them brush you off; stay persistent until someone gives you actual instructions on what to do. Most offices will just tell you they're too busy, take your info, and then send you a canned rejection letter two weeks later... basically telling you to go somewhere else.😉

Sophia Green6 said:I already reached out to them. Even went straight to the Department of Justice...
The motion to lift the freeze has been filed, but I'm the one footing the bill $90 because of her screw-up, not to mention the fact that my money is just sitting there out of reach until this whole mess gets cleared up.

Figure out exactly who to file an appeal with if a judge drops the ball... if you send that grievance to the wrong office, prepare to abandon all hope while bleeding extra cash... honestly, if you have a lawyer, go talk to some advocacy groups that specialize in this stuff...
Every court has a Chief Judge... just schedule a meeting with them and make it clear you're ready to settle because you just want your money back...

Nicholas Palmer3 said:The court ruling is final and was sent over to FIFA, but they just haven't been able to successfully begin the collection process within that ten-year window.

Well, I hate to burst your bubble, but there’s no statute of limitations on this... once the garnishment process starts, that's it. You can pause a garnishment and restart it whenever you want without any special legal hoops to jump through.
It's one of those shady parts of the American enforcement laws designed to prevent things from expiring once a case is active. Obviously, the creditor needs to get paid, but it's also pretty clear that keeping someone under a debt hammer for their entire life isn't exactly about protecting human rights... though I've seen it happen.

Nicholas Palmer3 said:Does the statute of limitations still apply if there's an IOU or a court judgment that became final, but they just haven't managed to start the collection process over the last 10 years?

Yeah... the statute of limitations for those types of collections is 10 years... on one condition: an enforcement action wasn't started and the matter isn't part of a civil lawsuit... if it is, you look at the statute of limitations for the specific civil case (I'm not exactly sure what that timeframe is here)...
From what I can see, you mentioned they haven't been able to start collecting... which would mean an enforcement action was initiated and became final, but the creditor just hasn't sent it to the IRS for collection... in that scenario, there is no statute of limitations...

mistylynx55 said:Thanks for the reply, though I think my question might have been a bit misunderstood...
Here’s the situation: the individual doesn't actually have a foreign currency account yet, but they plan to open one and deposit some cash into it. Now, since the money has to sit in the account for at least 24 hours before it can be withdrawn, I'm wondering if anyone knows if a creditor could swoop in during that window—specifically those 24 hours—and grab it? In other words, will the foreign currency account get automatically frozen as well? Currently, all the standard checking accounts are already blocked.

Thanks

The moment you open any account at any bank, it's automatically checked against the IRS records using your SSN, so it’ll get flagged and blocked immediately upon opening... honestly, there's no point in even bothering with a foreign currency account. There are people who take a cut to handle this kind of cash and hand it over to you in person for a fee... How do you know they won't scam you? Because that's how they make their living, and their whole pitch is "Yeah, I know a guy who can do it..."
Unfortunately, I don't know anyone like that, but maybe go look around... 😉

Frank Garcia85 said:UNPAID PHONE BILL, UNPAID....

Hey,

I posted my experience on the AT&T thread, but I'm asking for advice here....

So, here's what happened.....

I walked into an AT&T store planning to sign a new contract, but the clerk just tells me, "Sir, you can't have a contract with us because of an outstanding debt."
At first, I thought it was some mistake and asked for details. The guy says I owe about 25 cents from back in 2009! He said it was sent over to Euler Hermes and gave me their number and email to deal with them.....

I got home and was totally confused. What debt? Then my wife reminded me I had an AT&T mobile data plan in 2009. I canceled it after one day because there was zero signal at my old place, and since I moved right away, I obviously never even got a bill for that single day of service.....

Man, it's frustrating. I Googled Euler Hermes (the debt collection agency) and it felt weird that they never actually called me to say I owed anything or ask for payment.
It seems to me they just pass these tiny debts to law firms. Those firms then drag things out using shady tactics to rack up fees until a $6.75 debt turns into something massive....

Euler Hermes sent me a paper saying my debt is closed and that I can use it to start a new contract. When I pushed them to explain what "closed" means—since I never actually paid the "debt"—they basically snapped at me. They said it's none of my business how it works. It's like they just handed it off to a firm that makes its living on collections.

I emailed AT&T to get an explanation, but they’re washing their hands of the whole thing. They claim they only keep records for a year so they can't send me a new bill, and via email, they just told me they'd forward my inquiry to "the appropriate departments".....
The letter I mailed to their address at 19th Street in Troy was returned to sender because they moved! Yet, the AT&T website still lists that exact address where my mail keeps bouncing back!!!

I am seriously frustrated and angry 🙂....What now? Just wait for a legal judgment?
I contacted FINRA (and I mean this sincerely, I really respect their service), but they told me they can't tell me which lawyer or notary started the process until a formal judgment hits and my account gets frozen.

Basically, I'm stuck waiting for a lawsuit that would have caught me completely by surprise if I hadn't walked into that AT&T store today 🙂....

Hoping some lawyer here has some wise advice....

Thanks

Go ahead and contact the Better Business Bureau ASAP and ask them to step in... see how much more helpful they become once there's pressure... 😉
By the way, I think the statute of limitations on a debt like that is five years... but double-check. Just hit up the BBB directly and badger them until you get answers and legal advice...
Maybe even some consumer protection agency... and make sure you keep any paperwork proving the debt was settled... in court, that shows you acted in good faith... Verizon would issue the same kind of paper...

One more thing... if a law firm tries to garnish your wages, I suggest taking a heavy object and "convincing" those guys they've made a mistake... 😉
Because talking isn't going to do much with these collectors who only know how to put on a show... 😉

I saw a settlement like this play out once, maybe 15 years ago. I can’t recall the specifics, but the debtor's legal team drafted a document where they signed off on staying the garnishment as long as the agreed payment schedule was met. They actually issued the payment slips with specific due dates for the debtor to follow.
I don't have any idea how things work nowadays, but logically, a law firm should draft a formal memorandum with an official seal, and you would just provide your signature.
If you file your objection on time and cover the remaining court costs, the judge should issue an order to lift the garnishment and move the case to civil court. The problem is, if they don't realize you've already settled, they might push forward anyway, hitting you with extra lawsuit fees and hearing costs—not that I have any clue what those totals would look like.

frozenbison60 said:Does anyone else have any actual advice to offer? I am not even looking to file an appeal just to dodge the bill; my primary concern is preventing my accounts from being frozen or dealing with the nightmare of a negative balance. Help me out here!

If the judgment is already final, I suggest opening a protected bank account immediately and routing all non-seizable funds—like tax refunds or maternity benefits—directly there. If you don't, and that money hits your frozen account, you can kiss it goodbye. In America, nobody has the slightest interest in fixing this illegal seizure of funds...
Same goes for your job; tell them to divert your protected portion of your paycheck to a separate account right away. Notary mobs love sending garnishment notices to the IRS at the start of the month so your entire paycheck gets swallowed by the frozen account... nobody cares how citizens are supposed to survive the rest of the month...

Either way, call a law firm and negotiate a payment plan...

John Clark6 said:If I were in your shoes, I'd start by demanding they provide your specific "utility account ledger"—you know, so you can see exactly which timeframes they are trying to pin on you. The fact that you're even asking this suggests the garnishment notice didn't clearly specify the period the debt covers, which—I suspect—could be another solid point for your appeal. There's actually a bit of a shady practice sometimes where they try to offset your most recent payments against the oldest debts just to dodge the statute of limitations. They might even try to cite a specific section of the Internal Revenue Code to justify it, though I won't get too deep into the weeds here—I actually have a couple of second-level rulings on this myself! Anyway, for starters, just have them hand over a full statement of your debt history so we can look at it one line at a time...

They can't collect old debts if he was paying via specific bill numbers meant for the current month—everyone knows what that implies...
File an objection based on the statute of limitations, especially since he never received any formal warnings or had access to his debt history in court...

Anyway, keeping it brief...
http://www.consumerprotection.gov/index2.php?op...o_pdf=1&id=141

In your due to response, mention that you have payment records for the last 5, 6, or 7 years ready to present if the court asks. Be thorough and detailed... and make sure you file within the deadline. DO NOT WAIT UNTIL THE LAST MINUTE!!! Otherwise, you'll end up paying the garnishment regardless of the statute of limitations...