"The basis for payment cannot be executed. The xxxx judgment lacks the required certification of finality under Article 10 of the amendment to the law on enforcement of monetary assets (NN 112/12)."
Unfounded?
My bad, feraltinker8! I was typing this on my phone without my glasses on and totally misread that. 🙂 🙂 Look, you’re still missing that enforcement order. Just head over to a notary and get some actual answers. 🙂 (Info is free, just ask if you need anything)
Brandon Hill8—get a life. 😁 Hey, thanks for the correction. Honestly, I'm not even gonna bother getting down in the mud with you and all that constant nitpicking and trolling.😒
That’s it from me. Unless you've got some actual legal arguments to throw my way, I'm done commenting.
Brandon Hill8 said:Article 10 of the amendment to the law on enforcement of monetary assets NN 112/12:
The provisions of this Act apply to enforceable decisions and settlements of a domestic court or administrative body that mandate the fulfillment of a monetary obligation and became enforceableafter October 15, 2012.
Since your judgment became enforceable on July 22, 2002—which was way before October 15, 2012—I think it’s pretty obvious why you can't go through the Federal Reserve for direct collection. Even if the Fed gives you some canned explanation, that's the bottom line.
As for changing the assets being seized or any potential statute of limitations issues, you haven't provided enough info regarding whether there might be a stay on the enforcement.
John Clark6 is on the right track here, and coppermoose42 completely missed it because she doesn't know the difference between the enforcement act and the amendment to the law on enforcement of monetary assets.
Looks like you guys haven't even dug into the discussion on expiration dates yet, so I’m getting called out here for no reason again.
Look, I wasn't actually referring to any specific law here. Please, just read what I wrote with a bit more care.
feraltinker8 said:The first time I lent money under the promise it would be repaid according to our agreement, I ended up having to file a lawsuit. Once I finally secured a judgment, I had no idea where the debtor was employed. As soon as I tracked down his workplace and initiated an enforcement action, the very moment funds were garnished from his paycheck, he came looking for me to "negotiate." Every time he lost his job, he’d show up again wanting to reach a settlement. I always told him there was no issue with talking, but he never actually fulfilled what we agreed upon. Now, I've decided to restart the enforcement process to ensure the claim doesn't expire due to the statute of limitations...
You mentioned the last time money was taken from his paycheck was back in 2006. If you do the math, that was about 9 years ago. I'm sticking to my guns—you waited way too long to act.
P.s. if you had to drag him to court just to get your loan back, he definitely isn't going to just hand it over later on his own. Not happening. :-D
Just because you trusted him in court doesn't mean anything. It’s highly likely that debt has already expired, but I'll check the law when I have some free time.
John Clark6 said:The judgment itself serves as an enforcement instrument—though, I suspect, if the ruling was handed down prior to that amendment to the law on enforcement of monetary assets, it might not actually qualify as a valid enforcement instrument anymore.
Look, even with a court ruling, you still have to file the enforcement order first if they don't pay up. -.- And then everything goes straight through the Federal Reserve, blah blah blah.
feraltinker8 said:When submitting my Direct Debit Request through the Federal Reserve, I included the original court judgment as the payment basis—it’s fully finalized and enforceable, complete with all the necessary stamps and signatures.
However, the Federal Reserve returned all my documentation with the following explanation:
"The underlying payment basis cannot be executed. Judgment xxxx lacks the required certificate of enforceability pursuant to Article 10 of the amendment to the law on enforcement of monetary assets NN 112/12."
Where am I supposed to obtain this certificate of enforceability? Isn't the judgment itself supposed to serve as an enforceable instrument?
The judgment bears an official seal stating, "This decision became final on xxxxx," along with the court's stamp and signature. It also features a second seal explicitly stating, "This decision became enforceable on xxxxx," accompanied by the court's stamp and signature...
NN 112/12??? The enforcement act has been updated twice since then. Why are you using a judgment based on that old law instead of the current one??
Article 10 of that old law states that decisions issued by a court during enforcement or security proceedings take the form of a formal order or conclusion.
You just have a judgment. :/ It makes zero sense why they're citing that old law. How long ago was this judgment issued or when did the debt start?
When a debtor fails to follow what's written in a judgment, you have to go through a formal enforcement process in court. I'm not sure which stage you're at, but you need a formal enforcement order, not just a judgment.
feraltinker8 said:Perhaps I shouldn't have settled the full amount upfront. If I hadn't, how would a notary even handle it? They would have no way of knowing my financial standing, nor would they know which specific party to serve with a collection notice. It would likely just end up back in litigation...
The law is pretty clear: a creditor can demand full payment from any one of the joint debtors until the debt is totally cleared—so yeah, we're back to square one again. 😉
Kenneth Allen11 said:Hey, I was at the Social Security Administration office earlier today and found out that back in 2011, I wasn't staying on top of my payments—I kept forgetting to pay them quarterly—so I ended up getting a formal warning before they could go after my assets, which I’ve since settled. Since the contract explicitly stated if payments aren't made regularly, the agreement is automatically terminated, I genuinely thought the whole thing was already dead and buried. The lady behind the desk tried to convince me that I should have filed a formal written request to terminate the agreement, but because I didn't, she claims they simply "exercised their contractual right" to extend it automatically since all my arrears from the previous year had been cleared.
It seems pretty obvious to me that if I had just been a consistent payer, the contract would have renewed itself without all this drama.
So, I'm wondering if the SSA actually has the legal standing to extend a contract when the payment terms weren't met—especially when those very terms dictate that the contract should be terminated?
Look, she told you they extended it because everything owed from the last year was paid up. Even if a contract gets terminated, it doesn't mean you don't owe what you already ran up—you still have to pay. I can't give you a definitive answer since I don't have my own contract in front of me. Everything you need should be laid out right there in the fine print. 🙂
feraltinker8 said:So, what you're telling me is I have to cover the entire bill myself and then sue the other heir just to recoup my money?! Why didn't the notary realize I was the only one paying? Why didn't they simply send the invoice and a collection notice to the other heir who refused to pay? It feels like I walked right into a trap... quite the foolish position to find myself in.🙂 If I could actually grasp the reasoning behind why the legislature decided to make us all jointly liable, I might have a chance... but frankly, I don't see the logic in it. Is there any way to change this law, and if so, to whom should one direct such a grievance?
The thing is, the notary isn't going to do that for you. You're the one who has to go after them to get reimbursed for what you paid on their behalf. And no, you can't change the law because it's actually pretty straightforward. Why would a creditor want to rely on a bunch of debtors who probably won't pay? It’s much smarter for them to just pick whoever actually has the cash and collect from them. Just look at it from the creditor's perspective. This isn't just about notaries either; it applies to almost any contract with multiple debtors.
Is it totally delusional to suggest a settlement to a telecom provider regarding an old debt? Like, maybe asking them to write off some—or all—of the interest? 🙂 (John Doe is currently unemployed and basically has zero assets to his name.)
Just wait for that new federal debt relief bill to drop.😁 You can always pitch an installment plan. That usually works since they'd rather get something than nothing. If you can negotiate with big banks, I don't see why you couldn't work something out with a telecom company.🙂
Kenneth Allen11 said:Hey there, I could really use some advice here. Last Friday by total surprise I logged into my online banking and saw that funds had been seized by the clearinghouse. I’m heading down to their office this Monday to figure out what on earth is going on—it looks like a forced collection for some debt owed to the Social Security Administration. When I asked who exactly was initiating the levy, they told me I’d have to pay a fee just to get a printed copy of the seizure order to find out. Apparently, the creditor is the Social Security Administration, acting through a notary public regarding an outstanding claim from June of last year. However, I’ve been emailing back and forth with the Social Security Administration, and they’re telling me I don't owe them a dime. In fact, they claim I actually have a $5 credit sitting there, especially since the policy in question was canceled way back in July 2012. Isn't a notary supposed to send some kind of formal warning or notice before they just go after your money like this? What am I supposed to do now that the money is already gone? Should I be filing a formal complaint with the notary or directly with the Social Security Administration?
Thanks for any help you can give!
I don't see why you'd go to a notary; they aren't involved in this. If an actual seizure happened, you definitely should have received a formal order. There has to be a legal basis for it, so try looking back through your records from the last few months... otherwise, your best bet is just to call Medicare or head down to their office and explain the situation.🙂
Mentor 77—look, if you end up covering the whole debt because of joint liability, you can totally demand that the other debtors chip in for their fair share 🙂 so that, effectively, you’re only paying what actually belongs to you.
Timothy Ortiz13 said:Hey everyone... so, I had my nose job about 12 days ago. I feel like I read somewhere that someone's nose looked like a total disaster after surgery 😁....well, that’s exactly how mine looks right now....🙄....is this swelling going to go down anytime soon?🤔...
A friend of mine dealt with that for about two months before everything finally settled into place. It'll pass. 🙂
Can anyone give me the lowdown on Dr. Pegan over at Vinogradska Hospital in the ENT department? His name is listed on my referral for ear surgery, so I’m assuming he's the one performing the procedure..
I honestly have no clue where to drop this question, so I’ll just try my luck here. I’ve been scouring the web but I'm coming up totally empty...
Who do I actually talk to if I want my electric and water bills sent to a different address than the property itself? I heard it's totally doable, but I have zero idea where to find more info on how to set it up..😢
I just got my lab results back and honestly, I’m pretty confused. Since I went through a connection to get these done—because my doctor keeps telling me it's nothing and that I don't even need blood work—I'm hitting up this group for some help and a reality check:
Everything looks totally fine except for a few things: MPV 11.6 (limit is 10.4) Cholesterol 6.84 (limit is 5) Triglycerides 2.26 (limit is 1.7) UIBC 69.2 (limit is 59) TIBC 87.7 (limit is 75) Alkaline phosphatase 37 (minimum is 54) Sodium 133 (minimum is 137) Total calcium 2.63 (limit is 2.53) My T4 is right on the edge of being too high.
I wanted to share a story about a close friend of mine who dealt with a really severe case of a cleft lip—it actually extended to her nose, too. :-( She never talks about it, but I remember back in elementary school, before she finally had surgery (she's 27 now), she couldn't even look at herself in a mirror. She’d always stay in the dark and avoid turning on any lights... until her parents were finally able to pull together the money for her surgery in Switzerland. The cost was absolutely massive, but they made it happen for her... Even now, you can still see it quite clearly; her upper lip is shaped differently and there's scarring around her nose, but at least her quality of life improved, even if those emotional scars are still there. :-(
I truly hope everyone dealing with this, or those who have loved ones with it, can get through it. The most important thing is just being there for them and trying to get surgery as soon as possible so their mental health doesn't take a hit. To me, that's way more important than any physical scar.
Can someone please give me an answer here: If I spend basically a month sitting for at least 6 hours a day straight with my nose in a textbook, and then suddenly deal with this stinging sensation, constipation, and blood on the toilet paper, am I looking at hemorrhoids? Is it actually possible to get them just from sitting for too long? Because once I avoid sitting for about a week, everything clears up until my next marathon study session starts... (so I'm assuming it's nothing serious...)
One more thing: can standard blood work—you know, just your regular checkups—actually pick up on things like a tumor or some kind of inflammation? He had his blood drawn yesterday and everything came back totally fine, except for low iron. He says he’s always dealt with anemia, so he isn't really sweating it, even though I know that can be a symptom of colon cancer.
I totally forgot to mention this in my previous post...