rowdycrane1 said:I have a quick question for the group. Since I haven't been able to dig up an answer despite wading through an absolute ocean of old posts, I figured I'd just throw it here and see if anyone can help me out:
I’m dealing with a massive headache involving a Verizon bill that was incorrectly charged over eight years ago. To make matters worse, I just received an official notice regarding collection proceedings from two years ago—sent, naturally, by Hanžeković. It's absolutely infuriating how these things linger in the system indefinitely.
Is there any actual way to file an appeal at this stage, considering my account has been locked for over six months now? If I’ve interpreted this correctly, the bill should have been considered expired a long time ago. However, due to sheer negligence on their part, the appeal wasn't even filed within the required eight-day window.
Is the wolf actually eating the donkey here, or is there some way to scrape together enough to chip away at the debt—or maybe even wipe the slate clean entirely? Is there any way to file an objection or an appeal with a higher court, and if so, what does that process actually look like?
Thanks!
And here’s another absolute gem for you. They issued the foreclosure order two years ago, yet it only actually went into effect six months ago. Unbelievable.😁
To put it simply, is there any way to actually get something done about this? If I’m reading the situation correctly, I believe the next logical step is to file an appeal with the Supreme Court. Does anyone actually know what that procedure looks like in practice? More importantly, I'm trying to get a sense of the financial commitment involved—what kind of budget do we need to set aside to navigate those legal waters?😁
Is it even possible for someone who isn't a lawyer to write something like this?
Regarding your inquiry, there are a few key things to consider, so you'll have to connect the dots regarding what you needed to do and when... First and foremost, you don't send an appeal to Scalia; you send it to the notary who issued the order. If you sent it to the first guy, then... well, that's on you, I guess. The statute of limitations gets interrupted once the notary receives the motion for enforcement, and that's the date that really matters. Just because you received the notice three years later doesn't mean the statute of limitations (which is usually just a year, by the way) has run out... The motion for enforcement is sent to your registered address via the local authorities. If you moved or were living somewhere else while your official address was listed elsewhere, your notice likely ended up posted on a courthouse bulletin board. There are certain legal remedies outside of the standard process, but those only apply if you haven't already tripped up on the things I mentioned above.
You honestly think you could handle running this whole legal process online by yourself? Oh, please... I mean, really... Besides, you’ll actually get those attorney fees reimbursed in the end—so if I were in your shoes, I’d definitely hire a lawyer. Since you practically have a judgment in your favor already, you've basically got 50% of the battle won!
I mean, you’re basically forced to file a lawsuit first just to secure a judgment—you know, that enforceable writ—before you can even think about starting any actual collection proceedings... It’s honestly always been a bit baffling to me—if you already have a notarized contract in hand, why on earth do you have to waste all that precious time litigating? You end up essentially proving the exact same thing that is clearly laid out right there in the notarized document (though, I suppose, having the court's backing gives you a much stronger hand in the end).... yeah, the bottom line is that you can't just jump straight to the seizure process without going through the legal motions first.
I don't recall hearing that formal notices were being sent out through a notary public—that sounds a bit unusual to me—but I am certainly all for foreclosure proceedings.
Oh, don't you worry—the folks over at JPMorgan Chase can essentially "see" everything happening across all the different banks, so they know exactly who to go after to get their money back immediately. I doubt they would ever bother coming after a guarantor first. Unfortunately, though, it seems like the only way to sue for a refund is through recourse, which adds a bit of a layer to the whole process.
boldharbor14 said:I just received a formal demand letter from a law firm based out of Washington, D.C., warning me about an impending enforcement proceeding. Basically, this firm is representing an LLC that I owe a small amount of money to. They’re demanding that I settle the principal balance—which I’m not disputing—along with the "cost" of the legal demand letter itself. The kicker is that the fee they're charging for this little notice is more than double the actual debt! So, I'm wondering, given that the consumer protection act states that these types of notices shouldn't be charged to consumers, am I actually legally obligated to pay these demand letter fees? If I'm not, what kind of steps should people who have already been hit with these ridiculous charges take? Should I be filing a complaint against this law firm with the FTC, or would a report to the American Bar Association be more appropriate? Thanks for any insight.
You really shouldn't have to pay those notice fees—but honestly, I love the way you're thinking here 🙂. I say go ahead and file a complaint with both agencies; you've got nothing to lose, even if nothing comes of it. It's just a classic case of predatory tactics.
What kind of legal proceeding are we even talking about if you're acting as a guarantor? I mean, you signed all that paperwork and agreed to everything ages ago—honestly, people only start acting surprised when their bank account gets frozen one day (which is usually how this starts)
It seems like they can take almost any action to collect a debt—but honestly, it feels like the law only really protects him when it comes to what you're actually allowed to seize. You basically have to constantly monitor his employment status, his real estate, and even his personal property just to stay ahead... because there isn't much else to go after. And that’s assuming the IRS hasn't already jumped in—from what I've been hearing, they apparently get priority over all other creditors under these new rules.
I think you really ought to submit a formal proposal to change how the seizure of funds from the debtor's accounts is handled... though, if I'm being honest, what you've outlined here might be a bit outdated—especially if the debtor starts filing complaints.
Well, then everything is perfectly clear—you can't just demand a direct seizure from the Federal Reserve in that specific manner, though you certainly have the option to change the asset being targeted for enforcement.
ps. WAIT A MINUTE!!! Folks... I should probably mention—if it hasn't been at least ten years since the last official action was taken, and if the statute of limitations has actually kicked in, making it impossible to even switch up the enforcement method... then it sounds like you might just be trying to find a loophole after the fact...
coppermoose42 said: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.
Actually, that isn't quite how it works under the new law—you can actually go straight for enforcement immediately without needing a notary to mediate or submit a formal proposal, provided you're working from an enforcement instrument... and that’s really the crux of it! Since a certified document has now become an official enforcement instrument—like a standard payroll slip or receipt—it changes the whole dynamic.
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.
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...
I'm not quite sure I follow—what's the issue if there are, say, 20 heirs involved? It's not like they're going to mail out 20 separate bills divided by twenty, right? And if 16 of them don't pay, does that mean the collectors have to file 16 different enforcement actions? I guess the logic of joint and several liability should be pretty clear now! Plus, since you're all considered "extended" family, there's this vague assumption that everything will just sort itself out regarding the payments.
Kenneth Allen11 said:Right, the debts were cleared following the notice of seizure—and the whole mess started because payments weren't being made regularly, which triggers a contract termination according to the fine print. The issue isn't about paying off the debt that accrued; it’s about why it happened in the first place—specifically, why the IRS decided to extend the agreement. What I find really strange is that after they extended the contract, I never received a single late notice or any kind of warning about being in arrears.
So, get this—a colleague of mine just got hit with a judgment because his assets were seized over some supplemental fees. He decided to fight it, and honestly, I can hardly wrap my head around it, but the court actually ruled in his favor at the appellate level! Apparently, they weren't legally allowed to just automatically extend his contract like that. We're talking about debts dating all the way back to 2009, 2010, 2011, and 2012. Since the 2009 stuff was already past the statute of limitations, and the rest was thrown out too... HEHE, I seriously can't believe it. I know I've seen some news segments on TV about this before—something about legal disputes surrounding those automatic extensions.
Oh, please!!! Don't you dare try to settle this amongst yourselves—interest is actually a legal requirement, meaning, by law, it absolutely has to be calculated...
I mean, it just doesn't make any sense—why jump straight to filing a formal appeal instead of just asking a few questions first? It seems like such a missed opportunity... now they’ll probably just get hit with a rejection and have to cough up even higher legal fees on top of it.
I honestly can't believe it—you're actually the first person I've run into with this specific issue... hahaha! Seriously though, maybe give the older posts a quick scroll through and look for the term "certified mail"