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Posts by Donna Foster54

7 posts shown.

Wage garnishments and collections in Law ·
Rebecca White4 said:They probably sent the paperwork over to the notary before your payment even cleared. Once that legal clock starts ticking, it doesn't care about your timing. Your payment is just seen as partial settlement—meaning they take their fees first, then the interest, and only then do they touch the actual principal. So, you likely still owe the full amount in their eyes, which is why they're heading to court. And nope, the interest keeps running like a freight train. There’s no pause button on those charges.

Okay, I get what you mean. Basically, their lawyer filed everything just two days before I settled the debt, but the notary processed and issued the order on the exact same day I made the payment... that's why I'm complaining! They told me I definitely had grounds for an appeal since the debt was cleared by the time the order was finalized. I'm just wondering if I can just pay the rest now to stop the interest from piling up on top of these fees, since the principal is already handled (by the way, we're talking about $33 in principal and $142 in fees)...? And if the lawsuit ends up going my way, will they have to pay me back that money?
Wage garnishments and collections in Law ·
So, I just filed an appeal against a court order case number CV-2050. Here’s the deal: I already paid off the debt and I’ve got the bank statement right here to prove it. The problem is, they issued the order on the exact same day I made the payment, so obviously, I'm contesting it. Now I'm wondering—can they still push through the garnishment and freeze my account anyway? Like, would I have to pay it all over again just to fight for a refund later? And is there any way to stop interest from piling up while we wait for the court to sort this out? Does that even make sense?

Also, get this: right after I filed my appeal, I got a call from a woman at Kansas, the people actually running the collection process. She was basically asking if I was *really* sure I wanted to go to war with them.
Wage garnishments and collections in Law ·
hollowmason64 said:Well, how would you be able to tell until they actually issue the final judgment on the garnishment?

Look, the paperwork I got clearly shows the notary stamped it saying the foreclosure proposal was filed on April 15th, and the actual order was issued that same day—April 15th. That’s the exact same day I settled the bill. Everything is right there in black and white; even the lawyer drafted the proposal back on the 12th. It's all documented...
Wage garnishments and collections in Law ·
hollowmason64 said:It absolutely makes sense.
You should definitely sit down, write up that objection, and get it sent off immediately. Make sure you attach the receipt showing the debt has been settled.
And honestly, don't hold your breath expecting anyone at Inkasa or any other company to just "forgive" the difference out of the goodness of their hearts—that's money coming straight out of their pocket. That’s exactly why you have the court system to handle it.

Yeah, I get all that, but if they actually have the legal right to come after me because those court fees have already kicked in—meaning I paid them the same day the judgment was issued—does an appeal even matter? Like, am I just going to appeal only to end up paying those fees and more court costs all over again? That's why I'm asking: does anyone know if I even have a legitimate leg to stand on here?
Wage garnishments and collections in Law ·
Donna Foster54 said:Alright, so here’s my headache. I had this mobile data plan with AT&T that ended back in October 2012. I got a bill for about half a month, roughly $35, and I was positive I’d already settled it—I didn't even think twice about it. Then, about ten days ago, a collection notice popped up for $37. I figured, "Fine, maybe I did slip up," so I paid it right away thinking the matter was closed... only to have an enforcement proposal land on my doorstep today for $197! $37 covers the actual debt plus all these extra fees for drafting the paperwork and notary fees. When I called them, they claimed my deadline to pay was April 12th, and since I didn't pay until April 15th, they had already handed the case over to the notary. The thing is, I didn't even get that first bill until April 11th! It says it was drafted on March 28th, but since it wasn't sent via certified mail, I have zero paper trail proving exactly when it arrived. My parents actually found it in the mailbox while I was away on vacation. I didn't even get back until Sunday the 14th, and I paid it first thing Monday the 15th. Should I file an appeal? I’ve only got 8 days left. Honestly, the whole situation feels totally wrong under the $167... should I be suing the postal service now because they didn't deliver the bill on time? I have proof of payment for everything, and this latest notice *was* sent via certified mail, so I finally have a clear timestamp of when it arrived.

Anyway, I just got off the phone with the notary. She was actually really sweet and helpful, and she pointed out that her records show she received the case on April 15th—which is the exact same day I paid the bill! My bank statement confirms the transfer was processed on the 15th. She suggested I call the law firm that filed the seizure to try and work something out, or file a formal objection if they give me a hard time. So, I called them, and they just bounced me right back to the collection office at Inkasa. The woman there was incredibly rude and basically told me I just have to pay up. She claimed she might waive some fees, but she didn't care that the seizure was issued the same day the bill was paid, because they had already handed the file over to the lawyer two days prior. She said they already covered the costs and they just want their money back—if the notary wants to forgive my debt, she can pay them back herself! To top it off, the first warning supposedly arrived on April 11th, though she claims it was sent on March 27th, but the envelope I found says it was mailed on March 29th at 7 PM (and since that was Good Friday, the holiday delays definitely played a part)... and get this, while she was yelling at me on the phone, she tells me to add $0.63 in interest. I asked her what on earth she meant by interest since I just got this notice today, and she just lost it on me, saying she'd waive the interest if I just took the slip and paid the remaining $142 immediately. Does it make any sense to file an objection now? I'm worried that if I'm wrong, I'll end up stuck paying even more court costs on top of everything else. Thanks!
Wage garnishments and collections in Law ·
John Clark6 said:Given everything you just described—well, you might want to brace yourself. It sounds like they didn't even bother sending out formal notices, so you'll probably end up having to pay the whole thing...

Wait, what do you mean they weren't even supposed to send me a notice? They seriously have to let me know once they've taken over the debt or whatever...
Wage garnishments and collections in Law ·
Alright, so here’s my headache. I had this mobile data plan with AT&T that ended back in October 2012. I got a bill for about half a month, roughly $35, and I was positive I’d already settled it—I didn't even think twice about it. Then, about ten days ago, a collection notice popped up for $37. I figured, "Fine, maybe I did slip up," so I paid it right away thinking the matter was closed... only to have an enforcement proposal land on my doorstep today for $197! $37 covers the actual debt plus all these extra fees for drafting the paperwork and notary fees. When I called them, they claimed my deadline to pay was April 12th, and since I didn't pay until April 15th, they had already handed the case over to the notary. The thing is, I didn't even get that first bill until April 11th! It says it was drafted on March 28th, but since it wasn't sent via certified mail, I have zero paper trail proving exactly when it arrived. My parents actually found it in the mailbox while I was away on vacation. I didn't even get back until Sunday the 14th, and I paid it first thing Monday the 15th. Should I file an appeal? I’ve only got 8 days left. Honestly, the whole situation feels totally wrong under the $167... should I be suing the postal service now because they didn't deliver the bill on time? I have proof of payment for everything, and this latest notice *was* sent via certified mail, so I finally have a clear timestamp of when it arrived.