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Wage garnishments and collections

Started by Douglas Morgan3 · · 👁 45 views · 2.1K replies

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Participants Douglas Morgan3Kimberly Barnes8Jesse Mendoza60redcrane22John Clark6Benjamin Taylor6crimsonsailor7frozenbison60Daniel Martinez9Scott Johnson66Keith Parker3Frank Garcia85mistylynx55Michael Gonzalez6urbanorca91John Myers48Jack Palmer4Rebecca White4Nicholas Nguyen4Arthur Smith56nimbleheroncasualcyclist18Linda Fowler2Matthew Wilson59 …
Michael Watson5 Michael Watson5 Newcomer
1 message
joined Apr 2013
#261 ·
The demand letter issued by the Law Firm includes the cost of drafting that very notice, which is supposedly an expense the debtor is on the hook for (in the amount of $83).
However, if you look at the standard legal fee schedule, it states that the client who commissioned the service is responsible for those representation costs.
But here’s the catch: the debtor didn't order this service—the creditor did.
So, who is actually responsible for covering this?
Thanks
Lawrence Reed3 Lawrence Reed3 Active Member
141 messages
joined Dec 2021
#262 ·
So, my mom just got hit with this court order case number CV-2050 from AT&T—apparently for some debt from back when she wasn't even a customer anymore! I mean, how is that even possible? I guess there must be some kind of massive glitch in their system or something... maybe they just didn't close her account properly? It seems so wild to get a legal notice like that out of nowhere!
So, just to clear things up—about a year ago, she decided to switch over to a different carrier, specifically back in May. But get this: those old bills from AT&T kept showing up even though she wasn't even using their services anymore! When she finally looked into it, she found out that nobody had actually canceled her account settings. Apparently, she wasn't told she had to do it herself during the switch—they told her the new provider would handle everything, which—if you ask me—sounds a little fishy. Anyway, she filed a formal complaint back then to have those AT&T bills wiped out since she wasn't a customer anymore. Everything was supposed to be sorted, right? Well, until today, when she suddenly gets hit with a court order case number CV-2050. And it's for a bill from June 2012—way back when she wasn't even with them! I mean, seriously? $80 He’s looking at a bill for almost $1,000—can you believe that? ( 🙂 It’s pretty obvious they have zero intention of paying for something they don't even owe—honestly, the whole thing just feels like a desperate attempt to grab onto any excuse to collect on some totally made-up debt. I mean, I really think a court order like this should be super easy to fight, especially since we actually have all the written documentation proving the transfer happened! Has anyone here ever dealt with something similar? I'd love it if someone could share a little advice or a tip. Thanks!
crimsonsailor7 crimsonsailor7 Active Member
214 messages
joined May 2010
#263 ·
Lawrence Reed3 said:So, my mom just got hit with this court order case number CV-2050 from AT&T—apparently for some debt from back when she wasn't even a customer anymore! I mean, how is that even possible? I guess there must be some kind of massive glitch in their system or something... maybe they just didn't close her account properly? It seems so wild to get a legal notice like that out of nowhere!
So, just to clear things up—about a year ago, she decided to switch over to a different carrier, specifically back in May. But get this: those old bills from AT&T kept showing up even though she wasn't even using their services anymore! When she finally looked into it, she found out that nobody had actually canceled her account settings. Apparently, she wasn't told she had to do it herself during the switch—they told her the new provider would handle everything, which—if you ask me—sounds a little fishy. Anyway, she filed a formal complaint back then to have those AT&T bills wiped out since she wasn't a customer anymore. Everything was supposed to be sorted, right? Well, until today, when she suddenly gets hit with a court order case number CV-2050. And it's for a bill from June 2012—way back when she wasn't even with them! I mean, seriously? $80 He’s looking at a bill for almost $1,000—can you believe that? ( 🙂 It’s pretty obvious they have zero intention of paying for something they don't even owe—honestly, the whole thing just feels like a desperate attempt to grab onto any excuse to collect on some totally made-up debt. I mean, I really think a court order like this should be super easy to fight, especially since we actually have all the written documentation proving the transfer happened! Has anyone here ever dealt with something similar? I'd love it if someone could share a little advice or a tip. Thanks!

That’s probably how it’ll play out, too. Just file an objection and make sure you attach everything you've got...
Lawrence Reed3 Lawrence Reed3 Active Member
141 messages
joined Dec 2021
#264 ·
crimsonsailor7 said:That’s probably how it’ll play out, too. Just file an objection and make sure you attach everything you've got...

Thanks so much for the reply!
crimsonrider crimsonrider Newcomer
4 messages
joined May 2013
#265 ·
Can anyone give me some advice on this:
Before 2012, I ran my own small business, and a wage garnishment was issued against one of my employees. That ruling became final on November 15, 2011. The problem is, I never actually received the notice. Now, I’ve suddenly been served with a document ordering me to respond regarding the execution of that garnishment. It claims that if I don't comply with the order, they can initiate a collection process to recover all the missed payments at once. I shut down my business in early 2012, so executing a wage garnishment wasn't even an option. How should I handle my response? It looks like I was supposed to notify the court when the business closed. I'm hoping I won't be held liable for this.

Thanks!
Donna Foster54 Donna Foster54 Newcomer
7 messages
joined Apr 2013
#266 ·
So, I just filed an appeal against a court order case number CV-2050. Here’s the deal: I already paid off the debt and I’ve got the bank statement right here to prove it. The problem is, they issued the order on the exact same day I made the payment, so obviously, I'm contesting it. Now I'm wondering—can they still push through the garnishment and freeze my account anyway? Like, would I have to pay it all over again just to fight for a refund later? And is there any way to stop interest from piling up while we wait for the court to sort this out? Does that even make sense?

Also, get this: right after I filed my appeal, I got a call from a woman at Kansas, the people actually running the collection process. She was basically asking if I was *really* sure I wanted to go to war with them.
hollowmason64 hollowmason64 Regular
411 messages
joined Jan 2016
#267 ·
crimsonrider said:Can anyone give me some advice on this:
Before 2012, I ran my own small business, and a wage garnishment was issued against one of my employees. That ruling became final on November 15, 2011. The problem is, I never actually received the notice. Now, I’ve suddenly been served with a document ordering me to respond regarding the execution of that garnishment. It claims that if I don't comply with the order, they can initiate a collection process to recover all the missed payments at once. I shut down my business in early 2012, so executing a wage garnishment wasn't even an option. How should I handle my response? It looks like I was supposed to notify the court when the business closed. I'm hoping I won't be held liable for this.

Thanks!

Well, just file your response—explain that you closed the business and that the worker isn't employed by you anymore. You can include the paperwork showing the business closure, even though they can probably verify that themselves through official channels.
Rebecca White4 Rebecca White4 Member
21 messages
joined Jan 2013
#268 ·
Donna Foster54 said:So, I just filed an appeal against a court order case number CV-2050. Here’s the deal: I already paid off the debt and I’ve got the bank statement right here to prove it. The problem is, they issued the order on the exact same day I made the payment, so obviously, I'm contesting it. Now I'm wondering—can they still push through the garnishment and freeze my account anyway? Like, would I have to pay it all over again just to fight for a refund later? And is there any way to stop interest from piling up while we wait for the court to sort this out? Does that even make sense?

Also, get this: right after I filed my appeal, I got a call from a woman at Kansas, the people actually running the collection process. She was basically asking if I was *really* sure I wanted to go to war with them.

They probably sent the paperwork over to the notary before your payment even cleared. Once that legal clock starts ticking, it doesn't care about your timing. Your payment is just seen as partial settlement—meaning they take their fees first, then the interest, and only then do they touch the actual principal. So, you likely still owe the full amount in their eyes, which is why they're heading to court. And nope, the interest keeps running like a freight train. There’s no pause button on those charges.
crimsonrider crimsonrider Newcomer
4 messages
joined May 2013
#269 ·
hollowmason64 said:Well, just file your response—explain that you closed the business and that the worker isn't employed by you anymore. You can include the paperwork showing the business closure, even though they can probably verify that themselves through official channels.

Thanks. That’s exactly what I did.
Donna Foster54 Donna Foster54 Newcomer
7 messages
joined Apr 2013
#270 ·
Rebecca White4 said:They probably sent the paperwork over to the notary before your payment even cleared. Once that legal clock starts ticking, it doesn't care about your timing. Your payment is just seen as partial settlement—meaning they take their fees first, then the interest, and only then do they touch the actual principal. So, you likely still owe the full amount in their eyes, which is why they're heading to court. And nope, the interest keeps running like a freight train. There’s no pause button on those charges.

Okay, I get what you mean. Basically, their lawyer filed everything just two days before I settled the debt, but the notary processed and issued the order on the exact same day I made the payment... that's why I'm complaining! They told me I definitely had grounds for an appeal since the debt was cleared by the time the order was finalized. I'm just wondering if I can just pay the rest now to stop the interest from piling up on top of these fees, since the principal is already handled (by the way, we're talking about $33 in principal and $142 in fees)...? And if the lawsuit ends up going my way, will they have to pay me back that money?
dustyjackal19 dustyjackal19 Newcomer
1 message
joined May 2013
#271 ·
I entered into a loan agreement with a major foreign bank, where the debt was legally secured by placing a mortgage on my property. I fell behind on my payments and requested a restructuring plan, which was granted; however, due to my current financial hardships, I simply haven't been able to meet the revised installments. Yesterday, I received notice regarding the conclusion of the public auction process for my property—specifically, my house and the surrounding lot. While I understand that this specific conclusion isn't subject to appeal, I am wondering if there is any remaining avenue to negotiate directly with the bank to prevent the sale. Furthermore, I am curious about the mechanics of the foreclosure process itself, particularly since the property is encumbered by the claims of other creditors as well. I would be deeply grateful if someone could provide some guidance as soon as possible; I find myself in an incredibly precarious position, as this is my primary residence. Thank you very much in advance.
Benjamin Taylor6 Benjamin Taylor6 Regular
577 messages
joined Apr 2017
#272 ·
So, there are basically two ways to handle support agreements:

1. Life estate support—where the property doesn't actually transfer until the supported individuals pass away.
2. Immediate life-long support—where the assets under the contract are transferred to the caregivers right after the papers are signed.

Now, here’s the kicker: can this property be seized by creditors?
Let's say an elderly person signs one of those immediate transfer agreements, but then—boom—they get hit with a massive lawsuit or a huge debt judgment shortly after. In that scenario, a creditor would typically have to file a fraudulent conveyance claim to try and claw it back.
But what about the other type? I mean, if we're talking about property tied up in a life estate agreement—where ownership only shifts to the caregiver once the senior actually passes away—how does that hold up against a creditor looking to seize assets?
Olivia Moore79 Olivia Moore79 Newcomer
1 message
joined May 2013
#273 ·
Hi everyone!

I know there are probably a million threads about this, but I couldn't find anything addressing my specific situation, so here goes nothing!

So, a few months back, I received a final notice from a law firm regarding an outstanding debt to AT&T for $791. Honestly, I completely lost track of it—I don't even remember ever having an overdue balance with them. My mistake was just tossing the notice in a drawer and totally forgetting it existed.

Fast forward to about ten days ago: a process server shows up at my door with a court order for a public auction scheduled at my house for next month. The attached list includes household appliances (which means someone actually came by to inventory everything). The problem is, this list dates all the way back to 2005—I was only 18 then, and the house belongs to my parents, obviously.
Naturally, none of those appliances are even in the house anymore. To make matters worse, the court order doesn't even state the total amount they're trying to collect from me.

My question is: is there any way to appeal a judgment that has already been handed down?
And what happens if someone actually shows up to the auction looking for items that haven't existed for years?

Thanks so much!
Benjamin Taylor6 Benjamin Taylor6 Regular
577 messages
joined Apr 2017
#274 ·
Olivia Moore79 said:Hi everyone!

I know there are probably a million threads about this, but I couldn't find anything addressing my specific situation, so here goes nothing!

So, a few months back, I received a final notice from a law firm regarding an outstanding debt to AT&T for $791. Honestly, I completely lost track of it—I don't even remember ever having an overdue balance with them. My mistake was just tossing the notice in a drawer and totally forgetting it existed.

Fast forward to about ten days ago: a process server shows up at my door with a court order for a public auction scheduled at my house for next month. The attached list includes household appliances (which means someone actually came by to inventory everything). The problem is, this list dates all the way back to 2005—I was only 18 then, and the house belongs to my parents, obviously.
Naturally, none of those appliances are even in the house anymore. To make matters worse, the court order doesn't even state the total amount they're trying to collect from me.

My question is: is there any way to appeal a judgment that has already been handed down?
And what happens if someone actually shows up to the auction looking for items that haven't existed for years?

Thanks so much!

From eight years ago? Honestly, I think someone is pulling a massive prank on you. !? Did they even show you the actual court order for the seizure of property??
John Clark6 John Clark6 Regular
290 messages
joined Jun 2011
#275 ·
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...
Benjamin Taylor6 Benjamin Taylor6 Regular
577 messages
joined Apr 2017
#276 ·
John Clark6 said: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...

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!😢😲😁
John Clark6 John Clark6 Regular
290 messages
joined Jun 2011
#277 ·
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.🙂
Benjamin Taylor6 Benjamin Taylor6 Regular
577 messages
joined Apr 2017
#278 ·
John Clark6 said: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.🙂

Well, we handled that with total grace. All the properties are still titled under the GRANDFATHER'S name, not the father's! And both of them have passed away now. 😢😲😁

There aren't many people foolish enough to get played like the Smiths over in Malibu. Not when it means losing their actual house.
You have to move assets, transfer titles, gift them, or load them up with mortgages before creditors even realize what happened. You have to stay ahead of the curve.

It’s the same story with a friend of mine—she owes money to everyone from the bank to the devil himself—but she and her brother still have this little house in Malibu sitting right on state-owned land. Her dad got it from his employer forty years ago. She lives there comfortably, totally shielded from any garnishments or seizures. Why? Because she isn't even trying to fix the paperwork. Since the title is a mess, nobody can touch it. No one is going to evict her from that house, and creditors certainly won't be able to. 😁
John Clark6 John Clark6 Regular
290 messages
joined Jun 2011
#279 ·
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...
Benjamin Taylor6 Benjamin Taylor6 Regular
577 messages
joined Apr 2017
#280 ·
John Clark6 said: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...

If we're talking about a measly thousand bucks, sure, they won't bother. But once that number hits $30,000? Suddenly, everyone becomes an expert at dodging the law. For instance!😲

Look, kids in their mid-twenties are more likely to just pack up and move to New Zealand to start over, while the older crowd—they’ve mastered these "legal loopholes." It reminds me of this one couple I heard about—they filed for divorce, but the wife simultaneously filed for child support or alimony first. And because that support order hits the books first, the court starts garnishing more than a third of the husband's paycheck right away. So, he's paying out a massive chunk to her, yet they're still living under the same roof. By the time the actual court judgments or collections catch up to his wages, there's nothing left to seize because it's already been drained by the support payments. It's a rigged game, honestly. 😲

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