Wage garnishments and collections

Keith Rodriguez27 said:Can I actually file an objection or some kind of formal protest against a pre-foreclosure notice (specifically regarding utility fees) if part of the debt is already past the statute of limitations? If so, who am I even talking to, how do I go about it, and what’s the deadline? Also, does filing this thing actually pause the foreclosure process or am I just shouting into the void?

Well, there isn't really a formal structure or a set deadline involved here—so, by extension, filing an objection doesn't actually stay or delay the proceedings when you're dealing with a simple notice... though you certainly *can* submit one. Just keep in mind that even if you do, the creditor has the discretion to either accept your "objection" and write off the debt, or they can simply choose not to. It's entirely up to them!

Hey everyone,

I just got hit with a garnishment notice for a bit more than $1000. I’m not trying to dodge the bill—I admit I owe it and I want to settle up—but things are tight right now. Is there any way to push this back or work out a payment plan? If I can get them to agree to monthly installments, how many months am I looking at typically?

Thanks in advance.

It’s not too late, but honestly—you should probably get moving before things get heated.

Once you receive the formal notice, you'll have a much clearer idea of who actually needs your attention, since every single garnishment is being handled by a different creditor.

Look, you guys really shouldn't be playing games with debt collection or trying to find some magic workaround here. Every single notice or proposal they send you tells you exactly who you need to contact. The absolute worst-case scenario is when a massive collection agency gets its hands on your file. Those people have zero mercy. Your best bet is to kill the problem right at the start. I actually work for a firm that initiates these legal proceedings, and we always start with a simple notice about the debt (even if it's up to three years old), but if nobody responds after three months, the whole thing goes straight to FIN. If you actually act like a normal person and reach out, you can negotiate pretty much anything, and they'll often waive the extra fees and interest. Unfortunately, a buddy of mine decided to play deaf regarding a trash bill from $200 that was two years old, and now he's staring down the barrel of $733 in various costs, penalties, and interest, plus his bank accounts are frozen and there's a lien on his house.

Keith Rodriguez27 said:Can I actually file an objection or some kind of formal protest against a pre-foreclosure notice (specifically regarding utility fees) if part of the debt is already past the statute of limitations? If so, who am I even talking to, how do I go about it, and what’s the deadline? Also, does filing this thing actually pause the foreclosure process or am I just shouting into the void?

Look, I filed an objection once, and they ended up waving the whole thing because of the statute of limitations $1000 !!!

Chris Johnson11 said:Hey everyone,

I just got hit with a garnishment notice for a bit more than $1000. I’m not trying to dodge the bill—I admit I owe it and I want to settle up—but things are tight right now. Is there any way to push this back or work out a payment plan? If I can get them to agree to monthly installments, how many months am I looking at typically?

Thanks in advance.

Just write some kind of formal protest or a request for leniency. But let’s be real here—that collection is coming for you sooner or later. The absolute worst-case scenario is that they come after everything you own: your car, your house, even your bank accounts! As soon as this hits the radar, they move!
And don't forget—the interest keeps piling up the whole time!

Keith Rodriguez27 said:Can I actually file an objection or some kind of formal protest against a pre-foreclosure notice (specifically regarding utility fees) if part of the debt is already past the statute of limitations? If so, who am I even talking to, how do I go about it, and what’s the deadline? Also, does filing this thing actually pause the foreclosure process or am I just shouting into the void?

I handled some of my own issues completely, while others were just partially resolved—honestly, you just need to get that formal objection written up.😉

Bryan Rivera83 said:Look, you guys really shouldn't be playing games with debt collection or trying to find some magic workaround here. Every single notice or proposal they send you tells you exactly who you need to contact. The absolute worst-case scenario is when a massive collection agency gets its hands on your file. Those people have zero mercy. Your best bet is to kill the problem right at the start. I actually work for a firm that initiates these legal proceedings, and we always start with a simple notice about the debt (even if it's up to three years old), but if nobody responds after three months, the whole thing goes straight to FIN. If you actually act like a normal person and reach out, you can negotiate pretty much anything, and they'll often waive the extra fees and interest. Unfortunately, a buddy of mine decided to play deaf regarding a trash bill from $200 that was two years old, and now he's staring down the barrel of $733 in various costs, penalties, and interest, plus his bank accounts are frozen and there's a lien on his house.

I'm not entirely sure how they pull that off, though, since the statute of limitations kicks in after just one year.🙄

Does the statute of limitations run until the exact day a claim is filed, or does it count until the date the final decision is actually handed down? 🤔

Copied from the Legal Forum:

The statute of limitations kicks in years after each individual bill becomes due .
You have to actively invoke the statute of limitations. The court won't just step in and handle it on their own initiative.
That goes for public notaries and anyone you actually owe money to.

This applies to all household bills. Basically, you absolutely need to bring up the statute of limitations.

So, I’ve got a bit of a situation on my hands. The IRS just slapped our company with an enforcement order for a measly $4.25, and here's the kicker—they sent the actual order without so much as a courtesy warning or a "hey, you owe us this" notice first.

1. Is it actually legal for them to skip the warning phase and go straight to the enforcement order?

2. And is there any wiggle room to negotiate? Like, could we offer to cough up $10,000 right now and then settle the remaining $1.00 in a month, or is that totally off the table once the order is already out there?

Thanks!

hollowmason64 said:I handled some of my own issues completely, while others were just partially resolved—honestly, you just need to get that formal objection written up.😉

I'm not entirely sure how they pull that off, though, since the statute of limitations kicks in after just one year.🙄

Basically, the seizure process was triggered over a year ago, and in the meantime, all those notary fees, legal firm costs, and court fees just piled up. So quit acting like a know-it-all without knowing the facts.

Thomas Barrett84 said:Copied from the Legal Forum:

The statute of limitations kicks in years after each individual bill becomes due .
You have to actively invoke the statute of limitations. The court won't just step in and handle it on their own initiative.
That goes for public notaries and anyone you actually owe money to.

This applies to all household bills. Basically, you absolutely need to bring up the statute of limitations.

I mean, what kind of people were they thinking? It’s wild how folks used to just blindly pay off those old Berkshire Hathaway bills for decades without questioning them...🙄

velvethawk68 said:So, I’ve got a bit of a situation on my hands. The IRS just slapped our company with an enforcement order for a measly $4.25, and here's the kicker—they sent the actual order without so much as a courtesy warning or a "hey, you owe us this" notice first.

1. Is it actually legal for them to skip the warning phase and go straight to the enforcement order?

2. And is there any wiggle room to negotiate? Like, could we offer to cough up $10,000 right now and then settle the remaining $1.00 in a month, or is that totally off the table once the order is already out there?

Thanks!

You should check in with the IRS directly—I think they recently rolled out some new regulations aimed at making it easier to catch up on back taxes. I believe they were mentioning options for installment plans that don't accrue interest.

1) How exactly does the statute of limitations work—let's say for a utility bill from the water department.
I'm assuming it starts counting from the due date, like if the bill was due on May 15, 2012, for the April 2012 period... but when does it actually end?
Does the clock stop on May 14, 2013, when the notary received the filing, or is it from the moment the garnishment was sent, or maybe when I actually received it on July 15, 2013, or perhaps after those 8 days pass for filing an objection to the garnishment?

2) Should I file an objection (maybe claiming partial expiration of the statute?), pay everything right away (the debt, interest, and notary fees), or will there be more costs added on top of the $73 notary fees if I don't pay?
Regarding extra costs—I know there's the 12% late interest, but that doesn't seem too bad given the current situation.

Thanks!

Statutes of limitations don't actually start counting until you hit a certain milestone, like reaching the age of majority, and they can be totally interrupted by stuff like someone filing for a writ of execution...
Once you receive the notice, that's when the clock starts ticking for you to file an objection.

Whether you decide to just settle up or fight it is entirely on you.

Thanks, crimsonsailor7,
The real question is whether I can (and should) actually invoke the statute of limitations for bills that were due on May 15th, June 15th, and July 15th, 2012.
I really need some guidance here... I know technically I *can* claim it, but I'm wondering if it's actually worth the fight.

Steven Grant37 said:1) How exactly does the statute of limitations work—let's say for a utility bill from the water department.
I'm assuming it starts counting from the due date, like if the bill was due on May 15, 2012, for the April 2012 period... but when does it actually end?
Does the clock stop on May 14, 2013, when the notary received the filing, or is it from the moment the garnishment was sent, or maybe when I actually received it on July 15, 2013, or perhaps after those 8 days pass for filing an objection to the garnishment?

2) Should I file an objection (maybe claiming partial expiration of the statute?), pay everything right away (the debt, interest, and notary fees), or will there be more costs added on top of the $73 notary fees if I don't pay?
Regarding extra costs—I know there's the 12% late interest, but that doesn't seem too bad given the current situation.

Thanks!

Thomas Barrett84 said:Copied from the Legal Forum:

The statute of limitations kicks in years after each individual bill becomes due .
You have to actively invoke the statute of limitations. The court won't just step in and handle it on their own initiative.
That goes for public notaries and anyone you actually owe money to.

This applies to all household bills. Basically, you absolutely need to bring up the statute of limitations.

In my case, I missed one bill from April of last year. It was due on May 15th, 2012, then the motion was filed on May 14th, 2013, and the final decision came out on May 27th.
...nothing worked, so I think I'll try arguing for a partial statute of limitations instead. 🙄

Hey, looking for some advice on behalf of a friend.

So, AT&T is threatening her with some kind of seizure based on a final court ruling. She tried to appeal the initial decision because she’s struggling financially, but she sent it via mail and missed the deadline, so the court ruled she has to pay (I think it's just a few hundred bucks in legal fees).
The thing is, she’s an unemployed single mom with a little kid, renting a place, and doesn't own anything worth anything—her only income is social security and child support. I'm pretty sure, by law, they aren't allowed to touch those funds. But here's my question: how can she stop them from freezing her account? I know it's illegal, but AT&T has a massive legal team, and I know these big companies sometimes freeze money they shouldn't. How does she protect herself? Can she do something right now to prevent this illegal seizure? And what happens if they go ahead and block her account even though they aren't supposed to?
I don't think seizing her property is even an option since I know you can't take stuff that's necessary for basic living.

Thanks in advance for any help.

Steven Grant37 said:Thanks, crimsonsailor7,
The real question is whether I can (and should) actually invoke the statute of limitations for bills that were due on May 15th, June 15th, and July 15th, 2012.
I really need some guidance here... I know technically I *can* claim it, but I'm wondering if it's actually worth the fight.

What matters is when JPMorgan Chase actually received the garnishment proposal—which, by total coincidence, you mentioned they just got on May 14th, right? What a crazy coincidence... hehehe.

PS: I’m just being sarcastic, because honestly, I've suspected for quite a while now that JPMorgan Chase and certain law firms are playing a very cozy little game together 🙂. My conclusion? You might as well forget about filing an objection; it’s probably better to just pay up.

John Clark6, thanks for clearing that up.
I won't argue, though technically I’ve still got two hours left to do just that. 🙂

The real question remains: do I pull the trigger on the payment right now...

John Clark6 said:What matters is when JPMorgan Chase actually received the garnishment proposal—which, by total coincidence, you mentioned they just got on May 14th, right? What a crazy coincidence... hehehe.

PS: I’m just being sarcastic, because honestly, I've suspected for quite a while now that JPMorgan Chase and certain law firms are playing a very cozy little game together 🙂. My conclusion? You might as well forget about filing an objection; it’s probably better to just pay up.

John Clark6, thanks!