Wage garnishments and collections

You absolutely have to file an objection. If you don't, the court is just going to toss the enforcement order right out the window.
The only thing that'll happen is the creditor will probably just turn around and file the whole damn thing all over again.

ruggedmaker2 said:You absolutely have to file an objection. If you don't, the court is just going to toss the enforcement order right out the window.
The only thing that'll happen is the creditor will probably just turn around and file the whole damn thing all over again.

Thanks so much! I guess that’s what I was thinking too, but even if they do try to restart the process, it should eventually hit the statute of limitations... and honestly, she was only off by a few days on this one anyway. 😉
Greeting!

Charles Taylor3 said:Thanks so much! I guess that’s what I was thinking too, but even if they do try to restart the process, it should eventually hit the statute of limitations... and honestly, she was only off by a few days on this one anyway. 😉
Greeting!

I suppose I’m just going to quote myself here. 🙄 I suppose I have one more question, provided there’s someone kind enough here who might know—and honestly, I think I may have misspoken in my previous post. My understanding is that filing an objection actually interrupts the statute of limitations, which means the clock starts ticking all over again, right? So, if the creditor decides to move forward with a collection action using the correct name within that one-year window (though I guess I'm wondering exactly when that new countdown period officially begins?), would they be able to successfully collect? Also, would it be possible for me to negotiate an installment plan or some sort of payment arrangement before things escalate? My goal is to settle the debt, but I was really hoping to avoid those extra interest charges piling up over the next two or three years while everything drags on. I wouldn't say I'm completely lost when it comes to these legal terms, but as we all know, what's written in the law and how things actually play out in practice don't always align perfectly. That's why I figured it might be better to just ask if anyone here has dealt with this before and wouldn't mind sharing their experience! Thanks so much! 😁

Charles Taylor3 said:I suppose I’m just going to quote myself here. 🙄 I suppose I have one more question, provided there’s someone kind enough here who might know—and honestly, I think I may have misspoken in my previous post. My understanding is that filing an objection actually interrupts the statute of limitations, which means the clock starts ticking all over again, right? So, if the creditor decides to move forward with a collection action using the correct name within that one-year window (though I guess I'm wondering exactly when that new countdown period officially begins?), would they be able to successfully collect? Also, would it be possible for me to negotiate an installment plan or some sort of payment arrangement before things escalate? My goal is to settle the debt, but I was really hoping to avoid those extra interest charges piling up over the next two or three years while everything drags on. I wouldn't say I'm completely lost when it comes to these legal terms, but as we all know, what's written in the law and how things actually play out in practice don't always align perfectly. That's why I figured it might be better to just ask if anyone here has dealt with this before and wouldn't mind sharing their experience! Thanks so much! 😁

I assume what you're really wondering is: if you filed an appeal and it was actually granted—meaning they voided the order—would you want to settle up before they issue a new enforcement order just to dodge those extra legal costs $67? Probably not, right? Anyway, even if there's a typo in your last name—or even if the name is completely wrong—that probably isn't enough grounds for an appeal. Since your Social Security Number is definitely listed on the enforcement order, that confirms your identity as the debtor beyond a doubt. The only thing you might realistically appeal would be if you missed the deadline because the creditor's error prevented you from receiving the notice on time. To make a long story short, I suspect a second-instance court wouldn't grant an appeal based solely on a misspelled name. (Actually, I recently received a second-instance ruling where instead of Jelic, it said Jeka, and the court just pointed out the error without voiding my ruling—they just denied the appeal. Well... it's a known fact that every judge likes to interpret the law a little differently, I guess 🙂). As for the statute of limitations on the claim, it's three years from the date each individual bill becomes due
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John Clark6 said:I assume what you're really wondering is: if you filed an appeal and it was actually granted—meaning they voided the order—would you want to settle up before they issue a new enforcement order just to dodge those extra legal costs $67? Probably not, right? Anyway, even if there's a typo in your last name—or even if the name is completely wrong—that probably isn't enough grounds for an appeal. Since your Social Security Number is definitely listed on the enforcement order, that confirms your identity as the debtor beyond a doubt. The only thing you might realistically appeal would be if you missed the deadline because the creditor's error prevented you from receiving the notice on time. To make a long story short, I suspect a second-instance court wouldn't grant an appeal based solely on a misspelled name. (Actually, I recently received a second-instance ruling where instead of Jelic, it said Jeka, and the court just pointed out the error without voiding my ruling—they just denied the appeal. Well... it's a known fact that every judge likes to interpret the law a little differently, I guess 🙂). As for the statute of limitations on the claim, it's three years from the date each individual bill becomes due
.

First of all, thank you so much for the response! Actually, looking closely, the Social Security number isn't listed anywhere—not on the enforcement order or the underlying correction it's based on. I checked that myself first thing, which is why I was planning to base my appeal on that specific point. But now that you've mentioned this, I'm starting to wonder if that approach even makes sense? I had always thought the statute of limitations for utilities was only one year after the due date, so I had no idea it was actually three years😕. Regardless, the time hasn't run out yet. I think I'll go ahead and send in a formal objection and see what happens! What do you think? Well, who knows how the court will choose to interpret things!

Dear fellow members,

I am reaching out because I desperately need some advice regarding the following collection issues...

About a year ago, I lost my job, and the overdrafts I already had just spiraled out of control since I had no way to pay them back.

Basically, I originally had an overdraft at my bank of approximately $1333. However, when I walked into the branch a month ago, I was shocked to see the balance had ballooned to about $1800 due to interest and legal collection costs. I never received a single notification—no email, no phone call—stating that a legal collection process had been initiated. Since I no longer reside at my registered address, I never actually received the official notice of judgment. In short, I only found out the collection proceedings were underway because I physically went into the bank.
I tried to negotiate with them, but they insisted I settle the entire amount. My stance is that I am willing to pay off the actual debt I incurred along with the interest (as I expect to receive some funds soon), but I refuse to be held responsible for their legal fees. Recently, I received a tax refund, and instead of letting me have it, the bank simply snatched about $500 from the total balance (covering both the initial deficit and the collection costs).
What I want to know is how on earth the bank can just tack collection costs onto my existing overdraft (which was supposed to be capped at around $1333). Is there any specific legal statute or consumer protection regulation I can cite? I am more than happy to make things right by paying what I actually owe plus interest, regardless of the rate, but I find it absolutely absurd to pay for their legal maneuvers. If there isn't a way to fight for what is fair, then what am I even paying for? Since I never received the court order, is it even valid? I assume they’ve charged me something like $100 for the finality of the judgment, but how can a judgment be finalized if it was never served to me?
Please, let me know what my next logical step should be regarding this matter...

The second issue involves a debt to my cell phone provider—well, technically to the agency that bought their debt.
The original bill was roughly $333, but with the added collection costs, it has climbed to about $667.
Again, I am perfectly willing to pay the principal and whatever interest they've tacked on, but I draw the line at these collection fees, especially since I haven't even been served with the legal notice (I only found out via a phone call that the process had started).
If they won't budge on my proposal, I don't intend to pay them anything. Does anyone know if there is a statute of limitations after which these claims become unenforceable?
I want to clear all my debts; I’ve never been someone who avoids their responsibilities. It isn't my fault that I've been without income for a year, though I fear no one really cares about my circumstances. My big fear is whether this judgment can become legally binding—meaning they could potentially freeze my account the moment I land a new job—if the notice was never properly delivered to me?

Thanks in advance for your help.

I have a question, and I’m really hoping for a quick and accurate answer here 🤔 (tomorrow is the deadline if we actually decide to pay something)
So, a few days ago, some mail showed up at our house...
It was a notice regarding a collection action from DirecTV....
Basically, this involves a contract we signed way back in 2008. We terminated it on our end—I don't recall exactly when, but it didn't take long...
Since we didn't return the equipment, they are claiming they never actually processed the cancellation in the first place... or so they say.... I honestly have no clue. I don't remember the specifics, and I don't even have the old receipts from when we paid our bills anymore. Now, they are coming after us for some unpaid balances from back in 2010 and 2011... Isn't that past the statute of limitations??? I mean, we are talking about bills from... allegedly... over two and a half years ago...
And their math just doesn't make any sense to me. They attached this user financial statement where they list payments made from April through October of 2008 (they skip almost all of 2009 and most of 2010 entirely), and then suddenly, out of nowhere, they mention December 2010 and January 2011 as unpaid months....
Now they are citing a total debt balance as of October 2012.
But I don't see how a balance from 2012 matters if we ended everything ages ago... why didn't they bother looking for this sooner...... 🙂
Since we don't have the payment stubs, I'm not sure how to prove anything, but it just feels so wrong that someone can just suddenly decide to demand money... like, "Oh, you didn't pay us something three years ago, so here is our account number, now send us the cash..." 🙂 I keep wondering what the catch is with the Consumer Protection Act (if it even applies)... and then there are the extra notary fees to deal with, too... 🙂
WHAT DO I DO NOW.... do we pay up or... 🤷 😕
THANKS in advance to everyone ☕

John Clark6 said:I assume what you're really wondering is: if you filed an appeal and it was actually granted—meaning they voided the order—would you want to settle up before they issue a new enforcement order just to dodge those extra legal costs $67? Probably not, right? Anyway, even if there's a typo in your last name—or even if the name is completely wrong—that probably isn't enough grounds for an appeal. Since your Social Security Number is definitely listed on the enforcement order, that confirms your identity as the debtor beyond a doubt. The only thing you might realistically appeal would be if you missed the deadline because the creditor's error prevented you from receiving the notice on time. To make a long story short, I suspect a second-instance court wouldn't grant an appeal based solely on a misspelled name. (Actually, I recently received a second-instance ruling where instead of Jelic, it said Jeka, and the court just pointed out the error without voiding my ruling—they just denied the appeal. Well... it's a known fact that every judge likes to interpret the law a little differently, I guess 🙂). As for the statute of limitations on the claim, it's three years from the date each individual bill becomes due
.

John Clark6 I’m going to ask for your opinion one more time. I started drafting an objection, but before I could finish, I went back to look at the law and study the actual enforcement order more closely since I hadn't had a chance until now. Specifically, we’re looking at a debt owed to the local Water Department dating back to 2009 and 2010. The JB order was issued in January 2011. Based on Section 232 of the Consumer Protection Act - II, shouldn't there be a one-year statute of limitations? Does that mean the statute of limitations for the 2009 bills has already passed, potentially allowing me to object to that portion? Also, we received both the proposed enforcement and the final enforcement order all on one document. What's confusing me is whether we should have received the proposal first so we could have objected to the statute of limitations (but we couldn't pick it up because of the error in our last name). And does the fact that the final order has already been issued mean that the statute of limitations was officially interrupted on that date? I hope I haven't made this too complicated... I'm just feeling quite conflicted about whether I should lead with the statute of limitations argument, or if that clock was somehow reset because of the Water Department's mistake regarding our name, which prevented us from filing our objection on time.

Thanks!

Charles Taylor3 said:John Clark6 I’m going to ask for your opinion one more time. I started drafting an objection, but before I could finish, I went back to look at the law and study the actual enforcement order more closely since I hadn't had a chance until now. Specifically, we’re looking at a debt owed to the local Water Department dating back to 2009 and 2010. The JB order was issued in January 2011. Based on Section 232 of the Consumer Protection Act - II, shouldn't there be a one-year statute of limitations? Does that mean the statute of limitations for the 2009 bills has already passed, potentially allowing me to object to that portion? Also, we received both the proposed enforcement and the final enforcement order all on one document. What's confusing me is whether we should have received the proposal first so we could have objected to the statute of limitations (but we couldn't pick it up because of the error in our last name). And does the fact that the final order has already been issued mean that the statute of limitations was officially interrupted on that date? I hope I haven't made this too complicated... I'm just feeling quite conflicted about whether I should lead with the statute of limitations argument, or if that clock was somehow reset because of the Water Department's mistake regarding our name, which prevented us from filing our objection on time.

Thanks!

lol, so what kind of last name are we dealing with here? 🙂 (you don't have to say, of course!), but I would say go ahead and write that objection regardless—mention the statute of limitations since we're talking about 2009 stuff, and definitely bring up that whole "confusion" caused by the misspelling of your name. As for the utility fee part, you might actually have a shot there since there's no ID provided, so they can't definitively prove it's actually you.

Kate Rodriguez54 said:Dear fellow members,

I am reaching out because I desperately need some advice regarding the following collection issues...

About a year ago, I lost my job, and the overdrafts I already had just spiraled out of control since I had no way to pay them back.

Basically, I originally had an overdraft at my bank of approximately $1333. However, when I walked into the branch a month ago, I was shocked to see the balance had ballooned to about $1800 due to interest and legal collection costs. I never received a single notification—no email, no phone call—stating that a legal collection process had been initiated. Since I no longer reside at my registered address, I never actually received the official notice of judgment. In short, I only found out the collection proceedings were underway because I physically went into the bank.
I tried to negotiate with them, but they insisted I settle the entire amount. My stance is that I am willing to pay off the actual debt I incurred along with the interest (as I expect to receive some funds soon), but I refuse to be held responsible for their legal fees. Recently, I received a tax refund, and instead of letting me have it, the bank simply snatched about $500 from the total balance (covering both the initial deficit and the collection costs).
What I want to know is how on earth the bank can just tack collection costs onto my existing overdraft (which was supposed to be capped at around $1333). Is there any specific legal statute or consumer protection regulation I can cite? I am more than happy to make things right by paying what I actually owe plus interest, regardless of the rate, but I find it absolutely absurd to pay for their legal maneuvers. If there isn't a way to fight for what is fair, then what am I even paying for? Since I never received the court order, is it even valid? I assume they’ve charged me something like $100 for the finality of the judgment, but how can a judgment be finalized if it was never served to me?
Please, let me know what my next logical step should be regarding this matter...

The second issue involves a debt to my cell phone provider—well, technically to the agency that bought their debt.
The original bill was roughly $333, but with the added collection costs, it has climbed to about $667.
Again, I am perfectly willing to pay the principal and whatever interest they've tacked on, but I draw the line at these collection fees, especially since I haven't even been served with the legal notice (I only found out via a phone call that the process had started).
If they won't budge on my proposal, I don't intend to pay them anything. Does anyone know if there is a statute of limitations after which these claims become unenforceable?
I want to clear all my debts; I’ve never been someone who avoids their responsibilities. It isn't my fault that I've been without income for a year, though I fear no one really cares about my circumstances. My big fear is whether this judgment can become legally binding—meaning they could potentially freeze my account the moment I land a new job—if the notice was never properly delivered to me?

Thanks in advance for your help.

Sorry to be the bearer of bad news, but you're going to have to cough up for both eventually. Just because you haven't personally received a formal notice for the garnishment doesn't mean it isn't already legally binding and ready to go...
The statute of limitations is ten years from any action taken, so both of these debts will just be "waiting in the wings" for any money to hit your account. After a while, the creditors might even start coming after your personal property or real estate, which is just going to pile on even more costs and headaches...

Your best bet is to call the bank and the service provider; both should let you set up a payment plan... there really isn't any other way out of this.

Just one quick question here...

When you're trying to clear a lien off a vehicle title, is just filing a motion with the court to stay the foreclosure enough? I mean, if I ask the court to send a copy of the order to the local Police Department to wipe the record, do I also need to go out of my way to notify FinTech or whatever else holds the debt, or is that extra step totally unnecessary...

Dalka, my grandfather just received an enforcement notice from a notary regarding unpaid trash collection fees dating back from January 31, 2012, to December 31, 2012. Essentially, he repeatedly requested—verbally, several times—that his service be canceled because he meticulously sorts his waste and disposes of it himself in public bins. He doesn't even use the bins provided; they just sit there empty, taking up space. Between January 31, 2012, and April 30, 2012, the fee was $40.26, but then, without any notice or explanation, it jumped to $55.00 on May 31, 2012. Now, out of nowhere, we’re facing an enforcement proposal to recover $601.04 plus accruing interest. On top of that, the creditor is demanding costs: $250 plus 25% tax for drafting the proposal, an $80 notary fee, and $22.80 plus tax for notary expenses—totaling $441.00. They're also throwing in extra costs for obtaining finality clauses and other notary fees for the execution of the enforcement. I urgently need advice on what to do. My grandfather lives on a pension of $2,100; after paying $750 for credit obligations, he and his wife, who has no income, have to survive on whatever is left.

If I get a summons from the court or a ruling regarding an objection to an attachment, does that actually come from my local courthouse or from the one in the city where the attachment was filed?

First off, please just ignore my previous post—I actually managed to get an answer for that one already!
Anyway, I have a new question. I hope it’s okay to post this here since I couldn't find a specific thread for it, but it’s sort of related to the whole foreclosure/debt collection thing:
Yesterday, I received a ruling from the Pula Municipal Court stating that I need to pay a court fee of $133 regarding an objection to a foreclosure order that I filed back in July 2010. Just to clarify, the original foreclosure order was issued in August 2008, but I didn't actually receive it until July 2010.
On top of that, they're ordering me to pay a $1.50 court fee for the notice I just got yesterday.
I did a little digging online and found this: "The right to collect fees expires after two years following the end of the year in which the fee was due."
Just as a side note, when I originally filed my objection to the foreclosure order, I had no idea there was a fee required upfront—so I just sent the objection directly to the notary instead of going through the court.
So, does this mean the claim for that 2010 objection fee has actually expired? And if it has, is it even possible to file an objection against this new claim?
If it is possible, what's the actual process? Who should I send the objection to (should it go straight to the judge who issued the ruling, or just to the Municipal Court?), how many copies do I need, and would I also need to specifically request a fee waiver for this potential objection?
Thanks!

I was just wondering, maybe, if compensation for former political prisoners could potentially be subject to garnishment?

Greeting

I'm finally at the end of paying off this debt from an unauthorized overdraft. Last month, the bankruptcy trustees told me I still owed about $100. Then this past Friday, I got mail from Chase Bank. It’s actually the first piece of mail I’ve received from them since they froze my account. It was some kind of retail invoice for legal fees totaling $110.

The statement doesn't provide any actual details... just a table calculating total fees plus interest with 25% VAT and the final amount.

If anyone knows whether this is some extra cost I'm being hit with, or if it's just the remaining balance the trustees mentioned earlier... let me know.

Thanks for the help

Am I legally obligated to settle these alleged debts/invoices owed to ZG-Holding (for utility fees and water management fees) for which I have received a pre-foreclosure notice, given that the supposed arrears date back to 2001, 2004, 2005, 2010, and 2011?

I am receiving this exact same notice for the same debt for the second time now. When the first notice arrived (roughly a year ago), I responded by refusing payment, citing the following:

Consumer Protection Act - II
- Part II - Sale of goods and provision of services,
- Chapter IV – Public services provided to consumers,
- Article 24,
- point 9, which explicitly states:
- Claims for compensation for public services, as well as all household expenses paid at regular intervals, expire after one year.

The total amount is relatively minor ($117 everything, including interest), yet I find myself entirely disinclined to pay off debts that are 12, 10, or 8 years old. (It isn't as if I have any practical way to verify whether these charges are even legitimate, or...) If possible, I would much rather lean on the statute that grants me the right to simply ignore such a demand.

Should I send them another "refusal" while once again citing that specific legal provision...?
Am I in the right here, or am I mistaken? 🤷

My lawyer in this loan dispute missed the deadline for filing the complaint, and he didn't even bother to let me know until after the window had closed.
Honestly, I need some serious advice and help here because I have absolutely no one else to turn to.
In the case against my husband, they’re claiming he borrowed money from a late sister of an acquaintance, which is a total lie. Of course, there’s zero evidence—no documentation, no witnesses, nothing. But based on the JUDGE'S perception, since we are younger and the plaintiff is older, someone is lying and we’re the ones being blamed. We just had our car seized, which is worth $2333, and my husband’s job requires him to travel with it. My mind is racing wondering what they’ll come after next—the fridge? The washing machine? Or will they go after our kid?
I am completely reeling from this entire legal process and the judgment. We live just outside of St. Louis and desperately need guidance.
Is seizing a vehicle that was still being paid off under American law actually legal, especially since they can't collect this debt through a bank account? What should my next move be? What are they legally allowed to seize from inside a house? Is there any legal way to prevent these seizures? Because honestly, aside from basic appliances, a parrot, and our dog, they don't have anything left to take.

Does anyone have any ideas on how I can help a friend out? He went and signed for several loans, and now the banks are basically trying to seize his entire paycheck.
In the meantime, the Consumer Protection Act - II was passed, which is supposed to protect two-thirds of a person's wages. Right now, he's left with $167 of his pay, but things just got worse because his company hit a temporary shutdown, meaning he’s also losing another $0.00. To top it all off, the leasing company just announced they’re going after his wages through his guarantors—and guess who the guarantor is? Him. At this rate, it looks like he'll be living with absolutely ZERO income for the next decade!

He’s actually considering quitting his job entirely to move out to the countryside and just work under the table. He’d probably make about $333, mostly in trade or goods, and a bit less in actual cash. Plus, he could pull in around $167 in social security benefits. Honestly, there's no way anyone would hire him for a steady gig given he's already 57. If he goes through the unemployment office, he might get around $333 for about a year and a half!

Does anyone happen to know if a signature authorizing a full wage garnishment also applies to the pension he's set to receive in eight years?

Back when I was eighteen, I headed straight to college and, naturally, jumped headfirst into student loans and signed up for every mobile data plan imaginable from every carrier out there. Now, I’m sitting on $3000 in debt, and the interest rates are absolutely skyrocketing. I didn't realize at the time that my parents wouldn't be stepping in to cover my liabilities. I was just a naive kid. Currently, I'm unemployed, have zero income, and don't own a single thing of value. Honestly, I'm terrified that I might actually end up behind bars. So, here is my question: if things reach that point and I actually serve time: DOES DEBT GET WIPED CLEAN?