Posts by John Clark6

Actually, I don't think so—JB received it back on March 26, 2008, which means that ten-year statute of limitations period has likely been extended

Well, I'm fairly certain those kinds of contracts can actually be voided in court—though I could be wrong—and if I had to guess, there might even be some elements of criminal activity involved here, too.

I suppose the only way would be to treat it like a spouse's share of marital assets—but man, what a massive headache that would be...

Steven Grant37 said:Thanks, crimsonsailor7,
The real question is whether I can (and should) actually invoke the statute of limitations for bills that were due on May 15th, June 15th, and July 15th, 2012.
I really need some guidance here... I know technically I *can* claim it, but I'm wondering if it's actually worth the fight.

What matters is when JPMorgan Chase actually received the garnishment proposal—which, by total coincidence, you mentioned they just got on May 14th, right? What a crazy coincidence... hehehe.

PS: I’m just being sarcastic, because honestly, I've suspected for quite a while now that JPMorgan Chase and certain law firms are playing a very cozy little game together 🙂. My conclusion? You might as well forget about filing an objection; it’s probably better to just pay up.

Keith Rodriguez27 said:Can I actually file an objection or some kind of formal protest against a pre-foreclosure notice (specifically regarding utility fees) if part of the debt is already past the statute of limitations? If so, who am I even talking to, how do I go about it, and what’s the deadline? Also, does filing this thing actually pause the foreclosure process or am I just shouting into the void?

Well, there isn't really a formal structure or a set deadline involved here—so, by extension, filing an objection doesn't actually stay or delay the proceedings when you're dealing with a simple notice... though you certainly *can* submit one. Just keep in mind that even if you do, the creditor has the discretion to either accept your "objection" and write off the debt, or they can simply choose not to. It's entirely up to them!

Alex Patel2 said:That debt dates back to 2010, so I guess it should have been settled by the end of that year.
I need to know when the statute of limitations kicks in and if there's any actual chance of me ending up behind bars.

But you really ought to specify which exact tax we're talking about here!!! Under the Consumer Protection Act, the absolute statute of limitations is six years...

redcrane22 said:Does anyone know where I can find the specific rule stating that quarterly bonuses shouldn't be subject to garnishment, and that they can actually be paid out directly in cash?
I'm talking specifically about things like per diems and travel reimbursements...

Well, you won't find anything because—honestly—any kind of monetary payout is definitely fair game for garnishment (as a legal claim)... and if you ask me, I really doubt a bonus could be handed over "under the table," since even those are taxed—at least that's how it works within our local government agencies here in the States.

Maybe start by freezing those accounts at FIN... just to get things moving...

mistycanyon77 said:So wait, does that mean there’s no such thing as an absolute expiration date here?

No, actually—the Obligations Act doesn't really recognize it that way. By making a payment, you essentially "reset" things, which basically extends the statute of limitations by another 10 years... but even then, that window isn't necessarily set in stone.

Jesse Sanchez90 said:But what if they’re running double books?

I’ve dealt with this personally—my father keeps getting these aggressive collection notices for "unpaid" bills, even though at the exact same time, they’re sending us payment slips for those very same charges, which we then pay through my mother or myself without any issues. It’s happened several times now, but it's honestly useless to fight it. Just last year, they had the nerve to send yet another demand for debts dating all the way back to 2006, 2008, and 2009.

In that case, I don't think you should just sit there twiddling your thumbs—maybe take some initiative! You really ought to go down to their office and see exactly whose name is on what, just so you can get any mistakes straightened out immediately.

Look, three years have passed, and honestly, they gave you the right advice—you really can't even start making a claim based on the statute of limitations until you actually receive a formal judgment for enforcement. So, I'd say just make sure your residential address is properly updated and filed correctly in the system.

I honestly feel like by making these occasional payments, you've managed to pause the statute of limitations and basically acknowledged the debt...

Charles Taylor3 said:John Clark6 I’m going to ask for your opinion one more time. I started drafting an objection, but before I could finish, I went back to look at the law and study the actual enforcement order more closely since I hadn't had a chance until now. Specifically, we’re looking at a debt owed to the local Water Department dating back to 2009 and 2010. The JB order was issued in January 2011. Based on Section 232 of the Consumer Protection Act - II, shouldn't there be a one-year statute of limitations? Does that mean the statute of limitations for the 2009 bills has already passed, potentially allowing me to object to that portion? Also, we received both the proposed enforcement and the final enforcement order all on one document. What's confusing me is whether we should have received the proposal first so we could have objected to the statute of limitations (but we couldn't pick it up because of the error in our last name). And does the fact that the final order has already been issued mean that the statute of limitations was officially interrupted on that date? I hope I haven't made this too complicated... I'm just feeling quite conflicted about whether I should lead with the statute of limitations argument, or if that clock was somehow reset because of the Water Department's mistake regarding our name, which prevented us from filing our objection on time.

Thanks!

lol, so what kind of last name are we dealing with here? 🙂 (you don't have to say, of course!), but I would say go ahead and write that objection regardless—mention the statute of limitations since we're talking about 2009 stuff, and definitely bring up that whole "confusion" caused by the misspelling of your name. As for the utility fee part, you might actually have a shot there since there's no ID provided, so they can't definitively prove it's actually you.

Charles Taylor3 said:I suppose I’m just going to quote myself here. 🙄 I suppose I have one more question, provided there’s someone kind enough here who might know—and honestly, I think I may have misspoken in my previous post. My understanding is that filing an objection actually interrupts the statute of limitations, which means the clock starts ticking all over again, right? So, if the creditor decides to move forward with a collection action using the correct name within that one-year window (though I guess I'm wondering exactly when that new countdown period officially begins?), would they be able to successfully collect? Also, would it be possible for me to negotiate an installment plan or some sort of payment arrangement before things escalate? My goal is to settle the debt, but I was really hoping to avoid those extra interest charges piling up over the next two or three years while everything drags on. I wouldn't say I'm completely lost when it comes to these legal terms, but as we all know, what's written in the law and how things actually play out in practice don't always align perfectly. That's why I figured it might be better to just ask if anyone here has dealt with this before and wouldn't mind sharing their experience! Thanks so much! 😁

I assume what you're really wondering is: if you filed an appeal and it was actually granted—meaning they voided the order—would you want to settle up before they issue a new enforcement order just to dodge those extra legal costs $67? Probably not, right? Anyway, even if there's a typo in your last name—or even if the name is completely wrong—that probably isn't enough grounds for an appeal. Since your Social Security Number is definitely listed on the enforcement order, that confirms your identity as the debtor beyond a doubt. The only thing you might realistically appeal would be if you missed the deadline because the creditor's error prevented you from receiving the notice on time. To make a long story short, I suspect a second-instance court wouldn't grant an appeal based solely on a misspelled name. (Actually, I recently received a second-instance ruling where instead of Jelic, it said Jeka, and the court just pointed out the error without voiding my ruling—they just denied the appeal. Well... it's a known fact that every judge likes to interpret the law a little differently, I guess 🙂). As for the statute of limitations on the claim, it's three years from the date each individual bill becomes due
.

Peter Williams37 said:I’m going to try to break down the situation I'm in here.
I ended up owing some money to a company $867.
I knew I had to settle up, but I was banking on having things sorted by May of this year. Anyway, I logged into their portal and paid everything I owed, but then I saw this "Notice of Collection" pop up. It was an attorney's request for a notary public, someone like a local official in a city like Chicago
. Feeling pretty lost, I called them, sent emails, the whole nine yards.
Their response? They basically told me, "Look, you knew you owed this, and we sent the notification to your email automatically."
The thing is, I never got that email! If I had seen it, I definitely would have taken action or worked out a payment plan before it escalated to a legal official.

So, on that day, I went ahead and paid those $867 without realizing the matter had already been handed over to the legal side.
And just today, I got a notice from the USPS saying there's a letter waiting for me at the post office. I'm 99% sure that's the legal notice.

Here's my issue: I really don't want to be on the hook for these extra $267 fees (specifically the $208 attorney fees plus the $58 notary costs)
. I don't feel right paying them because I never received any formal written notice—no certified mail, nothing—and nobody even gave me a call.
They claim they emailed it, but I honestly haven't seen a single thing.

Is there any way to get out of paying these extra costs, or am I stuck with the bill?
If there is a way, how should I go about disputing it? What exactly should I say in my appeal?

Thanks for the help!

Man, you have already mentioned on this forum at least a hundred times exactly when notary fees kick in and how much those repossession costs are going to set you back...

neontrucker41 said:Oh, they’ve been playing us for fools from the start, constantly redirecting us to some law firm just to claim they have zero involvement anymore and that everything is being handled by them now.
And nobody saw a single dime from the settlement fund.
It’s all part of their little game, but I’m officially done playing along.
The court hasn't actually ruled on anything yet; at the hearing, they just agreed that we should "coordinate" with them, so we exchanged phone numbers, but since then—just like every other time—it has been absolutely impossible to get a hold of the lady managing the case because she’s "unavailable" and we're told to call back later.
The judge still needs to decide what happens next, and I've already made up my mind that I am not paying a single cent beyond what I actually owe.
So, I was wondering
what is something like $667 actually worth when you're sitting behind bars? I know it sounds like a stupid question, but hopefully someone gets where I'm coming from and can give me an answer.
Thanks!

Oh, one more thing.
What exactly can they garnish? My old car? My husband's paycheck, considering he's already tied up with his own loan payments?

I'm sorry, but I honestly still can't wrap my head around the fact that neither the warning notice nor the potential garnishment filing included any actual payment information... that's just plain unprofessional on their part. Furthermore... there isn't really such a thing as a prison sentence within a garnishment proceeding as a way to settle a debt... and at the end of the day... you're eventually going to have to pay it all. The court might have just suggested you reach a settlement in the sense that you cover ALL the costs, because there is zero chance the court is going to absolve you of anything. I'd strongly suggest you just pay it; having your bank accounts frozen by a collection agency will only end up costing you even more in fees. There is no statute of limitations here... etc... (just so I don't have to preemptively answer your follow-up questions). You can find the rest of the details by reading through the other pages of this thread.

Well, I mean—if you don't actually have proof that the bill was settled, and you're openly admitting you haven't paid it yet, then I’m just not sure what there is left for us to discuss here... 🙂
The fact that they might not have even sent you the invoice in the first place is really a completely different issue altogether!

Jeffrey Fox4 said:Hey there,

So, I just got hit with a formal demand for payment regarding an bill from back in 2005 for some Oriflam cosmetics totaling $38.

The envelope included this Assignment of Debt notice—basically saying Oriflam handed over all their claims to Accenture on March 12, 2013.

And of course, now Accenture is breathing down my neck to pay an extra $43 in legal fees plus $40 in interest.

Can anyone give me a bit more detail on whether the statute of limitations has kicked in here? I mean, looking at the gap between when the bill was originally issued and when they assigned the debt and sent this first notice... it’s been about 8 years.

Thanks guys,

It’s definitely past the statute of limitations—so just leave her alone, 🙂John Clark6, and maybe try paying your bills on time in the future, 🙂right?

steelbear29 said:I really need some advice here!
Can I legally cut an employee's pay to cover a late garnishment order if I've been regularly pausing their loan repayments? This person’s contract dates back to 2008. If I stop everything now to settle the outstanding garnishment, their take-home pay will drop below two-thirds of their net salary. What do you guys think?

Well, maybe you just pause the garnishment for the specific amount needed to keep him at that two-thirds threshold.

Oh, come on now... I mean, we’re talking about someone who is only 25 years old—they'll probably spend their entire lives trying to stay one step ahead of the debt collectors and legal judgments...