CheckEmoji Community · the emoji forum
🏠 Home 🆕 What's new ❓ Unanswered 🔥 Popular 📡 RSS Members 👥 0 online log in · register
Home › John Clark6 › Posts

Posts by John Clark6

310 posts shown.

Wage garnishments and collections in Law ·
Benjamin Taylor6 said:I have a bad feeling about where this is heading. I'm worried it'll end up exactly like what happened with my dad about ten years ago... when the final judgment came down and they basically claimed the property had a market value of... absolutely NOTHING!😢😲😁

You all are acting awfully clever here... but let me tell you, there is no such thing as a statute of limitations as long as an active legal proceeding is ongoing. They can essentially chase you for your entire life—adjusting the assets being seized while interest, court fees, and attorney costs just keep piling up until you finally hit a wall... and you really ought to be careful not to end up inheriting your father's debt (any day now) once they finally place a lien on his property (if he even has one left), otherwise, you'll have plenty of different emojis to use when things go south.🙂
Wage garnishments and collections in Law ·
Why would anyone even bother joking about this... I mean, if someone fails to update their mailing address or doesn't properly register their residency, they can't really act surprised when things get complicated—it’s just how the system works. Honestly, the court was simply doing its job, following the rules as they should. And, well, I guess this isn't exactly news either—this isn't the first time, nor will it be the last, that we've seen people acting completely bewildered by these kinds of situations on the forum...
Wage garnishments and collections in Law ·
The statute of limitations is only a year away, which—honestly—doesn't leave me much breathing room to wait... and realistically, I could probably initiate a collection action for any age group at this point, so....
just make sure you're keeping a close eye on your bank accounts 🙂
Wage garnishments and collections in Law ·
If I’m not mistaken—and I might be wrong here—if the payment was made before the final enforcement order was actually issued... though I'd imagine it counts even if it was settled on that very same day—then I think it’s definitely worth filing an appeal. If you attach the receipt, your objection really ought to be upheld! In that case, they should basically have to toss out those legal drafting fees and the notary costs altogether.
Wage garnishments and collections in Law ·
Michael Anderson10 said:It’s a small town where nobody pays their local municipal fees because:

-The streetlights are broken and nobody bothers to change the bulbs.
-Public spaces aren't being cleaned at all.
-Stormwater drainage hasn't been addressed.
-The sewage system was built privately using personal funds (since we're a coastal town, everything just ends up flowing straight into the ocean).
-The specific street I’m most concerned about was paved privately on private land using our own money. A rockslide and soil erosion hit that street, and even though we paid to fix it ourselves, the same landslide is still threatening us today.
-Trash isn't even collected on our street; we have to carry it half a mile just to get it picked up.

Now, most people are facing liens or collections due to non-payment. The issue isn't that people refuse to pay their fair share, but rather that no one wants to contribute when there is zero investment back into our local infrastructure.

I am wondering what can be done from a legal standpoint to compel the local municipality to resolve these issues. If that isn't an option, how might one contest a lien for unpaid debts regarding services that were never actually rendered?

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...
Wage garnishments and collections in Law ·
So, if I were in your shoes, here is exactly how I would play this... first off, I’d reach out to the head of the department—maybe the Director of Public Works or whatever specific agency handles municipal services in your city or township—and send them a formal request to stay all collections. You’d want to lay out the whole situation in great detail, backed up by solid evidence. Now, if they ignore you—or, heaven forbid, they give you a response that sticks strictly to the letter of the law—then I’d pivot. I’d lean on the newer provisions within the Administrative Procedure Act and file a formal grievance against the department head, along with a complaint regarding public services—you can find all the specifics in sections 122, 155, 156, 157, and 158 of that Act. Personally, I think you should just jump straight to the second level of appeal immediately, just to force them to actually put something in writing—it’s just good practice, really, since I work as an employee for a certain municipal administration 🙂. From what I've seen, there isn't much point in appealing the actual collection order itself, because you really should have done that either when the initial utility fee was being decided or via the method I just described earlier. Eventually, you might be able to mention in your appeal that you already filed a grievance regarding "this and that," which might give them enough wiggle room to grant your request based on the outcome of that grievance—it’s a way to hopefully get things settled through some sort of mutual understanding.

ps. I truly hope you aren't just looking for excuses to dodge paying your utility fees, because believe me, I've heard it all before 🙂
ps II. Just a side note—the sewage and trash services don't actually fall under the city's direct control, even though they operate under a contract granted by them.
PS III. This is just practical advice—the law mandates that you pay these fees. If you just sit there playing dumb and refusing to pay or contest anything, you're basically asking for your appeal to be denied and for the collection process to move forward—which means you'll likely end up losing big time here 🙂.
Good luck !!!
Wage garnishments and collections in Law ·
Chris Hayes16 said:Is an Extract of Open Items actually a valid document to use when filing an enforcement motion? We haven't verified or signed off on the IOS yet.

Well, it doesn't necessarily have to be signed off by the debtor side at all...
Wage garnishments and collections in Law ·
Emily Allen11 said:I was wondering—at what point can a creditor actually start asking for those legal procedure costs, starting from the moment they first file the enforcement request?

Haha, looks like I just answered my own question! 🙂
Wage garnishments and collections in Law ·
Karen Bishop2 said:Because the loan holder refuses to sell the vehicle! Do I even have any legal standing as a co-signer to demand that the car be put up for auction? And what happens when the bank eventually seizes the car?

Well, I suppose it really depends on a whole bunch of different factors—like, say, how many monthly payments are actually left before the loan is fully paid off... though, I suspect the bank has already gone ahead and placed a lien on the title to prevent anyone from selling it anyway...
Wage garnishments and collections in Law ·
hollowmason64 said:Wait, how can you think they wouldn't send a notification before freezing someone's wages? 😲

Well, if you’re asking whether the debt collector sends you a heads-up—they don't—not if you miss the window to appeal. Once that happens, a copy of the garnishment order is sent directly to your employer's payroll department to be executed... so, I guess the only person who might actually give you a subtle hint that things are getting serious is your boss, letting you know they received the order and will be deducting it from your check...
Wage garnishments and collections in Law ·
So, if I were in your shoes, I’d definitely look into filing a formal appeal while you're still within the deadline—you know, rewrite the whole thing from scratch and make sure to attach all your evidence. Honestly, these kinds of disputes just don't get settled through casual conversations alone. And, uh, I wouldn't bother submitting $17 mere accusations, because they really have to follow the official procedure once an appeal is lodged—unless, of course, you already gave a formal statement during the initial hearing... but you would have had to sign something for that, so I assume you'd know if that happened. I'm not saying they won't eventually settle things the way you guys originally discussed, but that's just not how the system works—not on your end, and certainly not on theirs...
Wage garnishments and collections in Law ·
Lion, look... if you're complaining about a garnishment order, you really need to attach those payment receipts—and I mean, is your residency even properly registered? You can't just talk your way out of this one; you have to file a formal appeal. If you let the deadline slip by, you're just going to end up looking foolish later... with legal stuff like this, there's really no such thing as a casual conversation
.
ps. @Amy Williams2, I honestly have no clue what kind of mail you received, so maybe could you clarify things a bit? I don't think anyone gets a heads-up saying their wages are about to be frozen, right? Did you actually receive an official garnishment order? It shouldn't be all that hard to tell the difference between that and just some random notice 🙂?
Wage garnishments and collections in Law ·
Here is what we know for certain:

Sentence : United States Court of Appeals

Court decision dated: January 9, 2009

Subheading:

Refund of paid administrative fees

Sentence:

Administrative fees are essentially charged to cover the work performed by an agency during an administrative proceeding—so, even if a party wins their appeal, I guess that doesn't automatically mean they have a right to get back the money they paid for that fee.

Text:

"The plaintiff was required to pay the fee in the specified amount, and since the administrative body acted upon his appeal, the fee was technically paid for the performance of those specific actions."

Legal basis:

Article 113, paragraph 3, and Article 114, paragraphs 1 and 3 of the Administrative Procedure Act.

Article 9, paragraph 1, and Article 113, paragraph 3 of the Administrative Fee and Tariff Act.
Property damage liability: What are my options? in Criminal and Misdemeanor Law ·
hahahaha—man, there is just so much going on here!
Wage garnishments and collections in Law ·
David Newman6 said:Hey everyone, hope you're all doing well... I’m hoping someone here might be willing to weigh in on a situation I've run into...
I just received an enforcement order stating that I need to settle $193 in court costs. Fine! I get it, I owe the money!
But then, after I called up the law firm to get their account details and find out where to send the payment, the lady on the phone goes, "...oh, wait, no... the court costs are $454"!!!
Haaa? I was completely blindsided.

What am I supposed to do now?

Thanks a million 🙂

Well, if you’ve actually been served with an enforcement proposal, then you really ought to just pay whatever amount is specified in that document, including the interest. Honestly, everything you need to know should already be laid out right there in the proposal itself, so I guess I don't quite see why you even bothered calling them... especially if you're dealing with a big outfit like Hanžeković or something similar....
Wage garnishments and collections in Law ·
Rachel Anderson3 said:Yeah, I’m inclined to agree with you there 😢, but here's the kicker: they made their move after five years had already passed, and now, six years have slipped by since that last attempt... honestly, I've been flagged in their system multiple times in the meantime, but they haven't actually seized a single cent...
So, what's the bottom line here—is the statute of limitations five years or ten? Because if it's actually five, I am seriously considering hiring an attorney to send them a formal notice to cease and desist this entire collection process.
And does anyone actually know what the default interest rate is supposed to be at this point? Is it 12% or 14%?

It's 10 years, 100%🙂
Wage garnishments and collections in Law ·
I'd say you should definitely ask them to hand over the specific details regarding the garnishment—specifically, which case number they're filing under. If I’m not mistaken, they are actually obligated to provide that information to you—though, I suppose, they might try to tack on a small processing fee 🙂 along the way
.
Wage garnishments and collections in Law ·
Rachel Anderson3 said:I’m looking for some advice here
This whole mess stems from a mobile carrier issue dating all the way back to 2001. Back then, they issued a judgment against me, but since I was working
through the SC, they couldn't actually collect anything until I signed a contract in 2007. That’s when the garnishment hit—they started taking a third of my paycheck.
It only lasted a few months because I had to quit my job due to some health issues, so they only managed to grab three installments. In the years since, I've bounced between
a few different employers, only staying at each for a short stint. During those times, no garnishments ever showed up. It's been six years since they last tried to hit
a third of my wages. My bank account is completely "clean"—no liens, no judgments, nothing.
I am totally lost. Some people are telling me the statute of limitations has passed because it’s been over ten years. Others argue that because they successfully collected a little bit
during that window, the clock didn't reset, but rather starts from that specific date (so, late 2007), meaning ten years still need to pass. Then there's a third group telling me I should call my lawyer
to file a motion to stay the enforcement because more than five years have elapsed. I’m getting a hundred different answers from every direction. Even my wife spoke to someone at the IRS, and she said that since
my account is clear, I shouldn't go poking the bear. I honestly don't know. Is it actually possible that this has officially timed out?? I haven't received a single notice in the mail.
Please, if anyone can offer some guidance or help...

If you ask me, I'd say the statute of limitations was interrupted back in 2007 and the ten-year clock started running all over again, simply because they took actual legal action to collect the funds.
Wage garnishments and collections in Law ·
Christian Sanders69 said:I’m looking for some advice on a situation I’ve run into:
We just received an enforcement notice from the law firm representing PBS regarding unpaid dues from the second half of 2005—but they actually sent it to the wrong address (they have the wrong house number).
From what I understand, you can claim the statute of limitations if the enforcement action wasn't initiated within the legal timeframe (which I believe is a year in this case). Since this notice just showed up on our doorstep, how can I figure out exactly when the proceedings were officially started? Is there a way to check so we can potentially argue that the debt is expired?

Alright, I'll let you in on this, but please—don't go spreading it around 🙂! What you really need to look at is the date the notary public officially received the enforcement proposal. That's the date that actually matters legally, not the day you happened to receive the mail in your mailbox.
Wage garnishments and collections in Law ·
Maria Barrett4 said:I am reaching out to ask for some serious help here. We are living through such a brutal economic crisis, and frankly, the things happening around us are stomach-turning. Human stupidity has reached a point where they are actually picking pockets of ordinary people.

Here is the situation: back in May 2011, we switched our service from AT&T over to Verizon. Despite leaving them, AT&T had the audacity to send us a bill for $67 covering June of that same year—even though we hadn't been their customers for an entire month.
Fast forward nearly two years later, and now my husband’s Social Security benefits have been frozen for $600. The reason given? This supposed debt to AT&T regarding those $67 plus legal fees that conveniently equal the exact amount of his monthly check.

Like anyone else, we don't have a paper trail for a bill from two years ago, so we can't prove anything. But more importantly, they didn't even send us a warning! This all happened completely out of the blue.
No notice, no warning, just a charge for services we never even used during that month.

Does anyone know how we can fix this mess? Has anyone dealt with something similar? We desperately need your advice!!! Thank you so much.

To summarize, it sounds like you received a bill for $67 and decided to just let it slide, right? Did you ever send a written dispute or take any steps at all to challenge that $67? Since they've actually gone after the funds, it means the judgment has become legally binding—which implies no formal appeal was filed against the collection order. At this stage, there isn't much left to do except pay the debt. And, unfortunately, they aren't legally required to send you a warning notice first.