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Wage garnishments and collections

Started by Douglas Morgan3 · · 👁 47 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 …
Jeffrey Fox4 Jeffrey Fox4 Newcomer
7 messages
joined Jun 2010
#301 ·
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,
John Clark6 John Clark6 Regular
290 messages
joined Jun 2011
#302 ·
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?
Noah Cox10 Noah Cox10 Newcomer
1 message
joined May 2013
#303 ·
Hello,
I’m dealing with the exact same headache regarding Oriflam.
Today I received a notice regarding a bill from 2005, though the amount was actually higher than what I originally owed. I called Accenture to sort it out.
The representative told me to send over proof of payment so they could update their records, but that transaction happened eight years ago. Who actually keeps receipts for eight years?!!??
When I brought up the three-year statute of limitations, she simply claimed she wasn't aware of it—it seems like they just make up their own rules as they go.
Once I mentioned hiring an attorney, her tone shifted; she told me to submit a formal request for the statute of limitations so she could consult with their legal department.

I am heading to my lawyer tomorrow to see how we handle this!
Jeffrey Fox4 Jeffrey Fox4 Newcomer
7 messages
joined Jun 2010
#304 ·
John Clark6 said: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?

🙂

Since this is technically "just" a warning, should I deal with it right now—like, send them a snappy reply—or just ignore the whole thing?

I mean, I definitely paid that bill, I'm sure of it, but I used online banking like I do for everything else... the problem is my Chase online portal doesn't even show records from before 2007, only starting from then. So yeah... up until then, I'm flying blind.
ruggedmaker2 ruggedmaker2 Regular
469 messages
joined Mar 2018
#305 ·
ruggedmaker2, that debt from 2005 is ancient history at this point.
Look, just because something’s expired doesn't mean the creditor loses their right to ask for the cash. They can still come knocking, sure, but they aren't going to get anywhere through the legal system.
It feels like they're just playing a numbers game now—basically hoping you won't notice or won't care if they try to squeeze you.
If they actually try to go after your assets, you just file an appeal and cite the statute of limitations. Any decent judge in the US will shut that down immediately.
Sam Diaz2 Sam Diaz2 Member
46 messages
joined Mar 2012
#306 ·
Hey there,

So, I just got a demand letter in the mail from Berkshire Hathaway regarding some old utility fees from back in December 2012, with a deadline of mid-January 2013.
I’m usually pretty obsessive about my bills—I even pay stuff ahead of schedule sometimes. I figured, fine, maybe I missed it, so I just paid it. But then I was grabbing coffee today and started venting about it. Turns out, a friend of mine got a demand letter too, and apparently her next-door neighbor did as well?!?! It feels like someone in Washington, D.C. is just aggressively fundraising for a campaign or something. I am 100% certain I never received the actual bill. Look, I'll settle up with the city, but these late interest charges are really grating on me, even if the amount itself is tiny. If 10,000 people in Washington, D.C. got a notice like this, we're talking hundreds of thousands of dollars in interest alone.

Is this actually standard practice? Is it even legal for them to operate like this?
John Clark6 John Clark6 Regular
290 messages
joined Jun 2011
#307 ·
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!
neontrucker41 neontrucker41 Newcomer
6 messages
joined Aug 2013
#308 ·
Hey there!
Verizon sent us some ancient debt notice last year through one of their law firms. We actually tried to settle it, calling the firm multiple times to get an itemized bill with interest and everything so we could just pay it off. But all we ever got was some secretary telling us the attorney handling the case was out of the office and would call us back. Well, she never called.
Fast forward to now, and we just got a court summons for non-payment. Of course, now they’ve tacked on interest, court fees, and all sorts of other nonsense.
Our attempt to settle things again completely flopped because that same attorney is still MIA, and we keep hearing the same old "she'll get back to you" line. She hasn't.
It is blindingly obvious to anyone with half a brain that this is just a shady tactic to drive up the total by dragging their feet, which is exactly what's happening.
So, my husband and I have decided we are paying the principal amount and absolutely nothing more; there is no way we are footing the bill for the rest since those extra charges only exist because the law firm refused to cooperate.
We wrote all of this out clearly and submitted it to the judge.
Honestly, I don't think the judge is going to buy our whole argument, and I’m not holding my breath, but we’ve made our choice—we aren't paying a penny more than we owe, even if it means facing the consequences.
The debt is in my husband's name.
Now I'm curious—what's jail actually like?😂
How much is roughly $667 worth, in terms of days spent inside?😂
And can that be swapped for community service? Didn't Siniša svilana get his prison sentence swapped for community service recently?😕
People say that hasn't really become a thing yet, but I distinctly remember seeing it on the news a few months back (🤷 exactly) regarding Siniša svilana.
vividraven26 vividraven26 Active Member
170 messages
joined May 2014
#309 ·
If the judge decides to go with some "whatever" ruling, you’re either gonna pay up or deal with a garnishment order.
Sylvan was actually assigned community service as his penalty, which is a totally different beast than just coughing up court costs and interest.
Honestly, you could have just called the customer service rep and they would've handed over every single detail you needed to fill out the payment slip.
neontrucker41 neontrucker41 Newcomer
6 messages
joined Aug 2013
#310 ·
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?
Sam Diaz2 Sam Diaz2 Member
46 messages
joined Mar 2012
#311 ·
John Clark6 said: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!

I’ve got a feeling some kind of scandal is about to blow up in the news.
I was digging through my junk drawer today and noticed that five or six of my neighbors have bills tucked away from the New York City Department of Sanitation.

It just doesn't make sense to me. Here in NYC, the utility bill—trash, water, landscaping, all of it—is usually bundled into one single statement. 🤷

My gut tells me someone is just trying to rake in as much cash as possible before the next election cycle hits.
John Clark6 John Clark6 Regular
290 messages
joined Jun 2011
#312 ·
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.
neontrucker41 neontrucker41 Newcomer
6 messages
joined Aug 2013
#313 ·
Look, listen, it doesn't matter whether you're actually smoking or whatever else you're doing, the bottom line is exactly what I said
Anyway, thanks for getting back to me!
I just have no clue what they're planning to squeeze out of people who don't have a damn thing left to give
Peter Williams37 Peter Williams37 Member
12 messages
joined Oct 2006
#314 ·
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!
hollowmason64 hollowmason64 Regular
411 messages
joined Jan 2016
#315 ·
Honestly, you aren't going to get anywhere just by refusing to pick up the package. 🤷
If I were in your shoes, I’d go ahead and collect it, then just send over a response stating that the balance is already paid in full.
John Clark6 John Clark6 Regular
290 messages
joined Jun 2011
#316 ·
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...
Peter Williams37 Peter Williams37 Member
12 messages
joined Oct 2006
#317 ·
So, I've seen what the stamp fees and attorney costs look like, $267. I’m wondering if there's any way to dodge paying them since I never actually got anything in the mail at my house. They’re claiming they're an ISP and sent everything via email, but I never saw it—it either went straight to spam or I accidentally deleted it.
I'm torn on whether I should just pay up or
if there's some kind of way to appeal these specific charges.

I picked up the notice today from the post office stating I have exactly 8 days to either file an appeal or settle the bill...
crimsonsailor7 crimsonsailor7 Active Member
214 messages
joined May 2010
#318 ·
Peter Williams37 said:So, I've seen what the stamp fees and attorney costs look like, $267. I’m wondering if there's any way to dodge paying them since I never actually got anything in the mail at my house. They’re claiming they're an ISP and sent everything via email, but I never saw it—it either went straight to spam or I accidentally deleted it.
I'm torn on whether I should just pay up or
if there's some kind of way to appeal these specific charges.

I picked up the notice today from the post office stating I have exactly 8 days to either file an appeal or settle the bill...

Like I said before, everything you need to know is already laid out right here, item by item... just scroll back up and give it a quick read.
They aren't legally required to send out notices or warnings, so there's really no way around it if you're looking for an out...
Dennis Hernandez2 Dennis Hernandez2 Newcomer
1 message
joined May 2013
#319 ·
Here is the situation I am facing.
While we were still married, my ex-husband used to drive my father's car. About six months after our divorce, my father had his bank account frozen due to a garnishment resulting from an improper parking fine back in 2011. They seized $733 from him. My ex-husband is actually responsible for these fines; he even admitted it at the time and took the paperwork, promising, "I'll take care of this." Of course, he never did. Today, my father had another $500 snatched via garnishment because of unpaid two-day parking permits from that same year in 2011.
I realize technically it is my father's mistake since the vehicle is registered in his name and he is legally responsible. He even pointed this out to my ex-husband during a heated argument a few months ago. My ex just told him he wouldn't reimburse him because the car isn't in his name and it simply isn't his problem.
Is there anything at all that can be done regarding this matter, and if so, how? This has been dragging on for $1233, and heaven knows if this is the last of his reckless parking habits. Thank you all for your help.
😢
Charles Taylor3 Charles Taylor3 Newcomer
7 messages
joined May 2013
#320 ·
Greeting everyone! I was wondering if anyone might be able to lend a hand here—we recently received a judgment regarding a garnishment for some utility fees. The whole situation is a bit of a mess, really. They sent several notices through the mail, but they kept misspelling our last name every single time. It was only off by one letter, but still technically incorrect (and honestly, you see typos like that all the time here in the States, so it's not entirely unexpected...). The first time, my husband didn't even realize what happened; he went down to the local post office, but they wouldn't release the mail because the name on the envelope didn't match his ID. Eventually, they sent another one where they listed both versions of the name on the envelope—putting the wrong one first followed by ours in parentheses—so we were finally able to pick it up. However, the actual judgment, the payment slip, and the correction notice used to justify this entire garnishment all list the incorrect spelling. I know that the person subject to a garnishment has to be clearly and accurately identified, so I can't help but wonder if I could file an objection based on this discrepancy? I’m not quite sure what the standard procedure is or how a Municipal Court typically handles these kinds of clerical errors. Does it actually make sense to move forward with an objection over something like this? If anyone happens to have any insight, I would truly appreciate it!

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