Daniel Martinez9 said:That’s why people keep copies of receipts for at least 10 years... on December 31, 2013, I’m tossing everything paid before January 1, 2003—so I’m holding onto 11 years of valid receipts... it's a massive pile. Nowadays, since I use online banking, I always pull an e-statement and attach it to my records... so now it's an even bigger pile... maybe I'll get hit with a garnishment eventually.
Technically, there's no need to notify anyone except the creditor, provided you file a formal dispute.
Otherwise, LegalZoom is one of those sites where you can roughly draft a dispute for free, though you have to register and provide your Social Security number.
Anyway, that's not the point. There's a more important thing I want to cover. I didn't want to bring it up before, but since the media is already running a shallow version of this story, there's no sense in keeping it to myself.
Basically, I mentioned a while ago that people can actually rid themselves of collections quite easily, but I hesitated because the methods involved could be considered a serious abuse of the legal system.
This is about fighting collections that are in the thousands of dollars (we aren't counting small change here).
First off, this whole approach requires someone you trust implicitly. Without that, nothing works. Second, this won't work if a collection action has already been officially filed.
Let's get to it. You get a notice for an amount >$16667 and you know you'll never be able to pay it. What do you do? Filing a formal dispute is the first step to neutralizing the collection. That buys you at least a year or a year and a half. Second, you open a protected bank account at a local FIFA branch. Third, you sort out ownership of your belongings and property. If you have minor children, it's best to transfer assets to them—provided they aren't addicts... 😉 Basically, transfer all real estate and assets to someone you trust. If you're married, a divorce becomes inevitable and necessary. If you have kids, you'll naturally agree to set child support at the maximum allowable rate. The goal is to reach a state where you practically own nothing—not even the clothes on your back—so any creditor trying to collect finds absolutely nothing to grab.
And here’s the most important part:
The moment you file an objection, you sign a loan agreement with a default clause involving someone you trust—let's say $100000 (believe me, there are plenty of people out there, and you can set this up right at the same notary where you filed your objection... they won't mind the extra income) with an 8-day repayment window and an 8.99% annual interest rate, just to be aggressive. 😉
Once those 8 days pass, your trusted person files a judgment against you for $100000 against your cash assets using a valid legal instrument 😉. Naturally, when that judgment hits your mailbox, you simply file an objection to it as well. It becomes legally binding, and you can head straight to the bank to freeze your own account.
After that, any other collections hitting you will just sit behind yours. Since your debt is practically uncollectible thanks to our "fair and just" laws, none of those subsequent collectors will be able to touch anything.
But... if you want to be truly ruthless, don't send the judgment for collection immediately...
People on forums have mentioned assumption of debt agreements... you could simply sign a contract taking responsibility for all debts owed by other individuals, provided you don't cause them harm (be careful with this one and do your homework, because for example, if you assume responsibility for utility bills, companies like ConEd might shut off the power after three missed payments)
Actually, you don't even need to research that. Just take out a personal loan for the maximum amount possible (roughly $67), withdraw the cash, and hide it under a mattress or give it to your trusted person to put in a high-yield savings account...
Only then do you trigger the judgment... as for the bank... whatever, let them try to collect. 🙂
The fallout: You'll never be able to use credit cards again... and of course, if this trusted person is your life partner (which is usually the case), you'll have to treat them like royalty for the rest of your life... because everything you own now belongs to them, while they spend a third of your income pampering you... 😉
The catch? The abuse of rights lies in the fact that you signed a sham loan agreement with no actual money changing hands... so yes, expect some lawsuits. But the prosecutor would have to prove the contract was fake, which is incredibly difficult to prove.
I'm not entirely certain, but isn't there no statute of limitations once they actually initiate the seizure process? Otherwise, one could just borrow cash from friends, hop a flight to some exotic country, and return ten years later with a smile because the debt has expired—meaning you don't owe them a single cent. :/
But that’s not even why I started this thread—I actually got hit with a garnishment myself. 🙂 Since I rarely commit traffic violations, this caught me completely off guard (plus, I didn't receive any official notice). I went down to Goldman Sachs, and they told me the garnishment stems from a 2009 order—likely a fine from 2007 or earlier that I appealed, leading to that 2009 ruling. As far as I know, that should have timed out by now—I distinctly remember paying something and faxing over a receipt, and I think they even took money from my tax refund back then—but I moved in the meantime, and those papers are lost in the shuffle. They've already pulled the funds, so I'm not sure if it's even worth fighting.
The fine was $167 plus $37 in court costs, totaling $203. What really confuses me, though, is something else—I have a JPMorgan Chase account from which they took $130 (even though there was more than that in there), yet the account is still listed as frozen. On top of that $130, they also grabbed $8.25 in fees and sent it to Goldman Sachs. I also have an account at a local bank in Miami (with USD, EUR, and various other balances)—they took $38 from one, then moved 11.73 EUR from the Euro account, converted it to dollars, and snatched it; then they took about 5 bucks from the USD side, followed by a few more small withdrawals of around 200 cents here and there—$25, then $27, then $14...
Why go through the hassle of taking it ten different times when they could just take it all at once?
Goldman Sachs collected $8.25 from the JPMorgan Chase account for their services, and from the Miami bank, they took $27 + $25 for their fees—making it a total of $60 in "forced collection fees."