Posts by John Clark6

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Honestly, I really think you need to go back and double-check your records—if you were actually required to provide proof of payment, then... well, the best move is probably to file a formal appeal with the proper agency—maybe the IRS?—and make sure to include the receipt, sent via certified mail just so you have that paper trail. If you don't have any documentation at all, I guess there isn't much point in pursuing this further. It’s highly likely that the payment was just sent to the wrong person or department by mistake.

Kimberly Stewart97 said:Hey there,

I’ve run into a massive headache and I’m looking for some advice from anyone who knows the ropes.
Back in June 2011, I caught a speeding ticket that came out to $2 $0.00. Since I was a college student at the time, I appealed it, and they managed to drop the fine down to $233. They also gave me the option to split it into two installments plus $50 in court fees, all due by November 2011. I paid every single cent on time and even handed over the physical proof of payment.

Fast forward to today, March 11, 2014. I walk into my bank intending to deposit some cash into my foreign currency account, and I get hit with a total shocker. The teller hands me back my cards and tells me that every single one of my accounts has been frozen. I head straight to the IRS, where they inform me that I supposedly have an outstanding balance of $133 for that 2011 infraction, plus about $50 in IRS processing fees. Naturally, since I know for a fact I settled this, I take it to the Supreme Court, only to be met with absolute mockery. They’re basically trying to gaslight me, insisting there's no way they missed a payment slip and that I simply didn't pay it. When I asked why I never received a single warning letter or notice of enforcement during these last three years, they had the audacity to tell me they don't send those out—that it's my own responsibility to track my debts. On top of that, they claimed I'm supposed to keep all my receipts for three years and insisted they've "never" had a case where someone actually proved they paid twice and got a refund. It's unbelievable.

I get home, and within twenty seconds, I find the original proof of payment sitting right there. I am absolutely livid. I want my accounts unfrozen immediately, I want them to settle those $50 costs with the IRS themselves, and I want to be compensated for the damages, considering I can't even conduct basic daily financial business right now.

Can anyone offer some legal guidance on what my options are? Honestly, if I had enough money in my account, I feel like they would have just snatched it without a word of explanation. Do I have grounds to sue for damages and demand they cover their own costs since this is clearly a failure on their end? Also, is there a way to hold the specific official responsible for this gross negligence and misconduct?
Sorry for the long-winded rant, but I need to move fast on this. I really want to get this sorted tomorrow so my next paycheck isn't swallowed up by this mess.
Thanks in advance for any help. 🙂

Well, if you have the physical proof, you should definitely reach out to whichever agency sent the info to the IRS without double-checking the status first—whether that's the local police department or the court (I'm not quite sure which), it doesn't really matter. Just know that the IRS is going to take the money regardless, and there's no chance they'll unfreeze everything instantly. You absolutely have to demand every cent they took if they actually grabbed it!! Of course, this assumes you actually paid on time and did everything by the book. Just remember, a payment isn't officially considered "done" until the funds actually land in their account; unfortunately, good intentions and clerical errors don't carry much weight in these situations.

Joshua Martinez7 said:Hey everyone, I’ve got two questions here—hopefully someone knows their way around this stuff. Both deal with asset seizures and seizing personal property. Let's say you get hit with an enforcement order at 8:00 AM stating you can't touch your movable assets until an inventory is made, even though you have the right to appeal which would technically stay the order. If you manage to sell that car at 8:10 AM and the buyer heads over to the DMV at 8:30 AM, will they actually be able to transfer the title to their name? And if they succeed, leaving nothing left to satisfy the seizure, does the person who sold the car face any consequences? Like, how exactly do they answer for that? Also, what if the car belongs to a corporation? Say they issue an invoice dated a month ago—making it look like the car was sold well before the enforcement order ever existed—but the buyer doesn't actually transfer the title until a month later (after the order has already arrived). Will the seller be held liable? Specifically, who takes the fall—is it the LLC itself or the individual signing off on everything, like the CEO? Is this considered a criminal offense?

The same logic applies to the buyer's side of things. For example, a buyer picks up a vehicle from a company that issues them an invoice, and the buyer plans to handle the registration swap once the current tags expire—which isn't exactly the "proper" way to do it, but it happens all the time. At the moment of sale, the seller didn't have an active enforcement order against them (so you couldn't really say they scammed the buyer, even if they're currently ignoring an order they haven't acknowledged yet), but what are the buyer's options if things go sideways? Are they just stuck sitting there and taking it, or can they still transfer the title based on that invoice? Also, does anyone know how long it takes for a lien or a notice to actually show up in the system so the DMV sees that the property is restricted? Does that happen immediately upon service of the order, or only after the window for an appeal closes?

If I'm remembering correctly, yes, that actually qualifies as a criminal offense. And trust me, you aren't the first person to think of this little workaround! It's possible to go back and sue to void the debtor's actions—I believe you can go back as far as three years, actually. So, definitely more than just a month. It's what people call a fraudulent conveyance claim.

Ethan Gonzalez69 said:Hey everyone!
So, here’s my situation: about a year or so ago, I signed an agreement with JPMorgan Chase and picked up one of those student American Express cards. Everything was going smoothly until the end of 2013 when I ran out of cash and ended up owing them about $500. They started calling me, and honestly, I just stopped picking up because I simply didn't have the money to pay them back—at least not until May when I start my seasonal job. Well, I just got a notice from JPMorgan Chase today saying that the debt has been transferred over to Solvent, and they’ll be reaching out to me soon. What should I actually expect from this? I’d much rather just borrow some money and settle the balance right away (which I’ll probably do), but I have no idea which account to send it to, so I guess I'm stuck waiting for their call. I'm planning to head down to JPMorgan Chase tomorrow to see if they can clear up what's happening. Has anyone else gone through something similar?

Basically, here is what went down: JPMorgan Chase sold your debt to Deloitte, so now they're the ones trying to collect from you. Honestly, I wouldn't bother going to JPMorgan Chase—you might end up looking a little silly since they aren't really involved anymore. Your best bet is probably to just call Deloitte directly and settle up before they start any legal proceedings, otherwise, you'll likely end up stuck paying extra attorney fees too.

Jesse Mendoza60 said:What’s the move here:

The debtor filed an objection against the notary's ruling—which, honestly, is totally justified since he's got a solid repayment plan already in place for this debt—but then the court immediately hits him with a bill for a $33 advance on court fees (and they did this before they even sent out the stay order?!). Look, everything seems fine on the surface, $33 will eventually pay one way or another if this actually makes it to a judge... but what happens if the creditor decides to just pull the plug and withdraw the attachment request? Then the debtor is stuck losing his $33 because he hasn't even stepped foot in the courtroom to demand them back, and from what I can gather, Article 43 of the civil procedure code says there's no right to a refund... So how is a debtor supposed to get his hands on those $33 court fees??

To make things even more ridiculous, the total amount being chased is only $25.

Thanks for any insight!

Well, if you ask me, the creditor really ought to be the one footing your costs, seeing as they’re the ones who caused this unnecessary mess in the first place. Also, if the request gets withdrawn or if you win the case later on, you should definitely try to claim those costs from them if the court doesn't award them to you automatically.

Kyle Sanchez59 said:I need help ASAP! Please!

I've got two account freezes stopping me from accessing my student loan to pay my tuition.
Both blocks are from Verizon. The first one is for a subscription way back in 2008, and they didn't start the collection process until 2011. The second one is for Verizon internet from 2009. Can I actually claim statute of limitations on either of these? I read somewhere that if no collection action happens within a year of the last bill, it expires. I called the law firm representing them and they told me to contact the IRS, but then the IRS just sent me right back to the lawyers. What am I supposed to do??

Unfortunately, you can't—since those judgments have already become legally binding, the statute of limitations is now ten years... and even that can be extended further.

Honestly, I feel like you guys are really overthinking this... you’re making such a huge deal out of $27, when you actually have such a fantastic lineup! I mean, seriously—having a new police academy premiere every single month? Where else can you find that kind of consistency? It's genuinely impressive...

Carol Hernandez28 said:Please be respectful and provide an answer to my question. Much appreciated.

Oh, and honestly—I think I got a bit lost in all those other "brilliant" posts floating around here—but apparently, a garnishment can actually hit both your paycheck and your bank account. I guess the only real move you have is to set up a protected account through a government agency like the IRS or a similar federal entity, and then you might be able to redirect some of that leftover income from your wages into that specific account.

Ryan Lee2 said:For years, my mom had certain amounts being skimmed directly from her pension because she owed some cash to a big bank in New York City. My dad, my brother, and I were all in the loop on this, so when she passed, we went ahead and accepted the inheritance. The catch? She didn't actually own any real assets—the only thing she had was a right to use a 1/4 share of a family burial plot. Just two weeks after we settled everything, a letter arrives from the bank hitting the three of us with a massive bill for her outstanding debt. Since there wasn't any property to cover it, my brother and I ended up cutting a deal with the bank to settle the amount using the value of that 1/4 plot share. Honestly, we probably shouldn't have even had to pay it, considering the cemetery is city-owned and we just pay a "lease" fee, but we bit the bullet just to avoid a nasty legal battle.
This whole ordeal was a massive wake-up call that could have absolutely buried the three of us financially. I’m sharing this for anyone out there who isn't 100% sure about the financial mess their loved ones might be leaving behind. Sometimes, walking away from an inheritance is actually the smartest move you can make.
And seriously, hire a lawyer from the jump, no matter how much it feels like a rip-off upfront. It'll save your skin later.
Cheers

But wait, what's the catch here???... You should have only been liable up to the total value of the estate, so you shouldn't have had to cover the entire debt out of pocket. Plus, if the cemetery plot is yours, you're basically just paying a standard maintenance fee.

wearyangler60 said:I’m looking for some advice here. My husband is currently dealing with several wage garnishments. He reached an agreement with the IRS and has been making monthly payments as settled, but they've also been pulling his standard one-third allotment directly from his bank account. Starting March 1st, he’ll be working in Germany, which means his income will be deposited into an overseas account. I’m wondering if they have any way of accessing or seizing funds from an international account like that? Thanks for any insight.

No... NOT 🙂

Jerry Gray said:They haven't taken anything from me yet, but honestly, watching everything they do, I wouldn't be surprised if they tried. I don't really have any significant income, so I guess I'm not sure what they'd even go after. It would just seem like another shady move on their part...

They sent me a garnishment notice, which I contested, and then things just went quiet until I got a court summons for May 6th.

It involves four different accounts. Three of them are probably past the statute of limitations, but this fourth one isn't. The thing is, I wasn't even using their services back then, so I'm pretty confused about why that fourth account even exists...

Plus, I don't have any of my old statements. I usually toss everything out after a year, and now it sounds like that might actually become a bit of a headache...

Well, you shouldn't actually need those old statements if you're arguing based on the statute of limitations rather than claiming you already paid, right? I just hope you've double-checked your math on that expiration date (specifically looking for that JB stamp indicating when the decision was officially issued)—you definitely don't want any awkward looks at the hearing or to get hit with extra legal fees from the creditor for an extra appearance. And hey, don't sweat the lack of income too much; they can let that debt sit for years while interest and extra processing costs just keep piling up.

dustymarlin10 said:And you're a lawyer, right?

From what I gather, the motion for enforcement has to be submitted within a year after the payment deadline. Once that passes, the statute of limitations kicks in.

If you use a little elementary school math, the motion for enforcement should have been filed BY 2008 (we don't know the exact date), which begs the logical question: what exactly have our American legal institutions been doing from 2008 until now, assuming the motion actually was filed on time?

Honestly, it’s no wonder the government is such a mess when a single basic enforcement case drags on for six or seven years...

Well, actually, he is right, and he made a good point. It isn't quite that simple, and it doesn't work quite the way you guys seem to think it does. Maybe you should just listen instead of talking nonsense.

Well, I don't think it quite works out the way you all seem to think... honestly, if you just scroll back through a few pages of this thread, you'll see what I mean—I really don't have the energy to repeat myself fifty times over!

No, plus you've already got that whole thread about legal judgments and collections

Paul Nelson2 said:How exactly is it possible that $33 the fees are uncollectible?

What kind of movie are you living in?

If you manage to settle up within that 8-day window...
1. Authorization costs come out to $312.50
2. Service of the enforcement order is $156.25

...these are technically unfounded—meaning they haven't actually kicked in yet—but they’re being billed upfront just in case you miss the deadline. To be honest, I don't think I've ever seen that second item pop up in a preliminary collection notice before.
So, my advice? Just strip those two amounts away from the total, calculate the interest on the remaining balance up until the day you actually pay (you might even want to call the law firm directly—I suspect they'll work with you on that), settle the bill, and then send proof of payment over to the attorney's office. PAY WITHIN THE APPEALS WINDOW TO AVOID TROUBLE There’s really no need to file an appeal if you're just going to end up paying the difference anyway, $33 especially since those extra fees shouldn't apply if you stay within the voluntary payment period.

I’m honestly not sure how you could possibly end up with $310 in enforcement costs regarding $15—unless there’s some other factor at play that we aren't seeing here—but I'd guess you're looking at a maximum of $200. You might even be able to shave a bit off that total if you manage to settle within eight days to cover the cost of obtaining the finality clause for $83.

rowdyraven112 said:Sorry to interrupt, but about two or three months ago, I handled a case where the writ of execution didn't list the date it was actually filed with the notary anywhere in the proposal... it showed the date the document was drafted, but not the date the notary officially received it (went to the eye doctor recently, apparently my vision is perfect 😉 )... on the writ, besides that date, there was also the date the order was issued... so... from then on... I advised a colleague to file an objection based on the statute of limitations (since it involved items that expire after one year) regardless of the fact that the electronic timestamp for the draft predated when the guy actually paid... at the end of the day, the creditor still got their principal back anyway.

exactly, that's the crux of it! You have to look at that specific date. If they paid after that point, you calculate the statute of limitations from when the notary officially handed down the decision—not from when you first received it, nor when the lawyers typed it up... ahhh... you'll see for yourselves eventually 🙂

frozencrane46 said:Thanks, figured as much.

But if it turns out otherwise, does paying off the collection costs just settle everything? And is there any way to dodge the whole legal battle?

Wait, what are you even talking about? I mean, honestly—you can just look at when the notary received your specific enforcement order and compare that to when you actually sent the payment via your bank transfer... if you add 2 and 2, you'll know pretty clearly whether you were on time or not! As for avoiding the debate, maybe you could just file a motion with the court stating you're withdrawing your appeal so they don't need to schedule a hearing—and, of course, make sure to attach the receipt showing you've cleared the balance.