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Wage garnishments and collections

Started by Douglas Morgan3 · · 👁 59 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 …
Ronald Jackson27 Ronald Jackson27 Newcomer
2 messages
joined Aug 2013
#501 ·
Brandon Fox9 said:It isn't bad, but it probably needs a little more polishing...

Why don't you just hire a lawyer??

It would make things a whole lot easier for you...

What specifically needs fine-tuning, and how?
The reason I won't hire an attorney is because, based on my past experiences, I simply don't trust them.😲
hollowmason64 hollowmason64 Regular
411 messages
joined Jan 2016
#502 ·
hollowmason64 said:I don't have a car, and honestly, those belongings belong to my landlord.

Look, you can't just seize someone else's property to settle your own debt.
Rebecca Miller4 Rebecca Miller4 Member
17 messages
joined Sep 2013
#503 ·
hollowmason64 said:Yeah, but there's a catch—it has to be through a different method of enforcement, assuming they even have another option available to them.

Well, they can definitely go after personal property or real estate.

Quote:Actually, they totally can.
hollowmason64 says:
Look, they can't just grab someone else's stuff to pay off your debt.
If we're talking about seizing personal property, the marshals show up at the address where you're officially registered to live. And since you're part of that household, you've technically got just as much "right" to the stuff in that house as anyone else living there. It's a mess.

With real estate, it's easier because there's a paper trail—you know, title deeds and all that—proving who actually owns what. But with personal belongings? There isn't some central registry for your couch or your TV. They don't "belong" to anyone on paper.
hollowmason64 hollowmason64 Regular
411 messages
joined Jan 2016
#504 ·
Rebecca Miller4 said:Well, they can definitely go after personal property or real estate.

Quote:Actually, they totally can.
hollowmason64 says:
Look, they can't just grab someone else's stuff to pay off your debt.
If we're talking about seizing personal property, the marshals show up at the address where you're officially registered to live. And since you're part of that household, you've technically got just as much "right" to the stuff in that house as anyone else living there. It's a mess.

With real estate, it's easier because there's a paper trail—you know, title deeds and all that—proving who actually owns what. But with personal belongings? There isn't some central registry for your couch or your TV. They don't "belong" to anyone on paper.

I went ahead and wrote that up—assuming they actually have something to work with.

Quote:
Actually, I can.

If we’re talking about an enforcement action targeting personal property, it’s carried out at the address where the debtor is officially registered as living. Because of that, anyone else listed as a member of the household is viewed as having an equal claim to the belongings found at that residence. It’s a bit of a nuanced area, but essentially, being part of that household means you have just as much right to those items as the person actually being targeted.

With real estate, things are pretty straightforward because you have the deed to prove exactly who owns what. But when you're talking about movable property? There isn't really a central registry like that. It’s a bit of a gray area because those items don't technically "belong" to anyone on an official government record.
I mean, wouldn't that be nice? It’d be pretty sweet if everything actually worked out that easily. 😁

To start off, you’re basically assuming that if someone is renting, they automatically count as a registered tenant. Statistically speaking, though, that’s a pretty flawed way to look at it.
If everything was filed correctly from the start, there should be an official inventory list detailing exactly what was in the apartment when the tenant moved in. But honestly, even if that didn't happen, there’s still a way to handle it. Both the landlord and the tenant can provide notarized statements. If both parties swear under oath that, say, the TV belongs to the owner, then nobody can just walk away with it without consequences. It's all about having that paper trail to back you up. 🙄
And if he doesn't... well, you can always just rub some salt in his wounds. 😁
Austin Hughes Austin Hughes Newcomer
2 messages
joined Sep 2013
#505 ·
Hey, quick question. I’m looking at an enforcement action from Berkshire Hathaway—they used to be New York City Water back then. It’s for a bill from November 2003. Principal was 400, total is about $0.33. When does the statute of limitations kick in on this? And once it does, will they just drop the enforcement automatically, or am I going to have to step up and argue the statute of limitations myself?

Thanks!
Rebecca Miller4 Rebecca Miller4 Member
17 messages
joined Sep 2013
#506 ·
hollowmason64 said:I went ahead and wrote that up—assuming they actually have something to work with.

Quote:
Actually, I can.

If we’re talking about an enforcement action targeting personal property, it’s carried out at the address where the debtor is officially registered as living. Because of that, anyone else listed as a member of the household is viewed as having an equal claim to the belongings found at that residence. It’s a bit of a nuanced area, but essentially, being part of that household means you have just as much right to those items as the person actually being targeted.

With real estate, things are pretty straightforward because you have the deed to prove exactly who owns what. But when you're talking about movable property? There isn't really a central registry like that. It’s a bit of a gray area because those items don't technically "belong" to anyone on an official government record.
I mean, wouldn't that be nice? It’d be pretty sweet if everything actually worked out that easily. 😁

To start off, you’re basically assuming that if someone is renting, they automatically count as a registered tenant. Statistically speaking, though, that’s a pretty flawed way to look at it.
If everything was filed correctly from the start, there should be an official inventory list detailing exactly what was in the apartment when the tenant moved in. But honestly, even if that didn't happen, there’s still a way to handle it. Both the landlord and the tenant can provide notarized statements. If both parties swear under oath that, say, the TV belongs to the owner, then nobody can just walk away with it without consequences. It's all about having that paper trail to back you up. 🙄
And if he doesn't... well, you can always just rub some salt in his wounds. 😁
I mean, wouldn't that be nice? It’d be pretty sweet if everything actually worked out that easily. 😁

To start off, you’re basically assuming that if someone is renting, they automatically count as a registered tenant. Statistically speaking, though, that’s a pretty flawed way to look at it.
If everything was filed correctly from the start, there should be an official inventory list detailing exactly what was in the apartment when the tenant moved in. But honestly, even if that didn't happen, there’s still a way to handle it. Both the landlord and the tenant can provide notarized statements. If both parties swear under oath that, say, the TV belongs to the owner, then nobody can just walk away with it without consequences. It's all about having that paper trail to back you up. 🙄
And if he doesn't... well, you can always just rub some salt in his wounds. 😁
When a process server shows up at the registered address, they're definitely going to put together what's called an asset inventory list, and it's their job to figure out if anything on that list can actually be seized or not.

If the court decides there’s absolutely nothing worth taking, then the whole enforcement thing gets put on hold. But unfortunately, the reality is that everything at your registered address is fair game, regardless of whether you're a tenant or not.

Whatever, man. That's just how the laws are written in this country.
Richard Smith13 Richard Smith13 Newcomer
4 messages
joined Sep 2013
#507 ·
Hey everyone!
I’ve got a question for the group. I just received a settlement offer from JPMorgan Chase—and honestly, I jumped on it immediately because they were only asking for 30% of the remaining balance. It was a no-brainer. They even cleared my name from the credit blacklist the very same day, which was a huge relief. Now, I'm just wondering if there's any lingering fine print or hidden fees I should be looking out for? I went ahead and paid off the entire amount (the full debt minus that 30% chunk) in one single lump sum. Is there anything else I need to worry about?
Brian Edwards6 Brian Edwards6 Active Member
112 messages
joined Nov 2015
#508 ·
If your account was frozen, you'll need to cover the $22 processing fees from the IRS (essentially by depositing funds so they can pull the amount directly). That’s really all there is to it.👍
Dana Price2 Dana Price2 Newcomer
5 messages
joined Jul 2013
#509 ·
Austin Hughes said:Hey, quick question. I’m looking at an enforcement action from Berkshire Hathaway—they used to be New York City Water back then. It’s for a bill from November 2003. Principal was 400, total is about $0.33. When does the statute of limitations kick in on this? And once it does, will they just drop the enforcement automatically, or am I going to have to step up and argue the statute of limitations myself?

Thanks!

One year
It runs for one year starting from the day after the due date until they actually file the petition for collection
You absolutely have to bring up the statute of limitations defense—because let's be real, nobody is looking out for you; they won't do it officially by default.

(1) These expire after one year:
1) Claims for compensation for electricity, heating, gas, water, chimney sweeping services, or trash collection, provided the service was for residential use,
2) Claims from radio or TV stations for receiver usage,
3) Claims from the post office, telegraph, or phone companies for phone service, PO boxes, or other similar debts billed on three-month cycles or shorter,
4) Magazine subscription claims, counting from when the period the publication was ordered expires.
Harold Walker44 Harold Walker44 Member
25 messages
joined Sep 2013
#510 ·
Rebecca Miller4 said:Quincy:
Look, I don't know what kind of rabbit hole you guys are trying to drag me down today, but if we're talking about the Dyatlov Pass incident, my brain is already starting to short-circuit. It’s one of those things that just sits in the back of your mind, right? You think you've got it figured out—some freak weather event, a localized avalanche, maybe some weird gas leak from a nearby facility—but then you start digging. And the more you dig, the more it feels like the universe is just playing a sick joke on us. I was reading this thread earlier—I think hollowmason64 was bringing up some points about the forensics—and honestly, it just makes you feel small. Like, incredibly small. We spend all our time worrying about things like rising rent in Chicago or whether our Verizon 3200 is going to lose signal in the suburbs, and meanwhile, there are these absolute nightmares waiting in the wilderness that defy every bit of logic we hold dear. It’s heavy stuff. Really heavy. My coffee is cold, my head hurts, and now I’m sitting here wondering if the ground beneath our feet is actually as solid as we pretend it is. Just... yeah. That's where I'm at. Total existential dread. Great. kaže:
Look, if you haven't even been served the judgment on the foreclosure yet, then the whole thing isn't even legally binding. It’s basically just paperwork floating around in limbo. You can't have a final ruling if you haven't even officially received the notice, right? It's common sense, really.
Just plain wrong. Total nonsense.

So, here’s how this whole thing goes down: they send the enforcement proposal twice, straight to whatever address is listed in the contract. If both of those attempts go completely MIA and nobody picks them up? Then you're stuck having to hit up the FBI to get some kind of official proof of residency. It's just one more layer of bureaucracy to deal with, honestly.

So, after that, they try sending it out two more times to your home address, right? And if—God forbid—nobody actually picks it up by then, it just ends up posted on the court's public notice board. Then it sits there for eight days, just waiting. Typical.

Look, if nobody even touches it after those eight days pass... I mean, what then? It’s just sitting there. Total dead end. It’s becoming final. It's actually happening.

Quincy:
I don't even know where to start with this one. Just... dyatlov. It’s one of those things that keeps you up at night, staring at the ceiling, wondering if we actually know anything about how the world works or if everything is just a series of terrifying, inexplicable glitches. You read the reports, you look at the photos, and your brain just starts looping. It’s unsettling. Honestly, it's enough to make you want to pack up and move to some quiet suburb in Nebraska where nothing ever happens, but then again, maybe the weirdness is everywhere. I can't tell anymore. Everything feels a little broken. kaže:

Look, if there’s already a final judgment on the books—you know, a real, legally binding ruling—then you're looking at a ten-year statute of limitations. Simple as that. Ten years before they can come knocking again.
And just so you know, every single little payment you make basically resets the clock on that statute of limitations. It’s a total trap. Once those ten years are up, the creditor can just swoop back in and restart the whole damn enforcement process for the exact same reason they sued you in the first place. It never actually ends.

So, honestly? You could basically say that once a ruling becomes final, the whole concept of a statute of limitations just... vanishes. It’s gone. Poof. Once that decision is set in stone, there's no more running from it. No more waiting out the clock. It's just done.

Of course, I was simply pointing out that since the user is certain they never received the decision—meaning there wasn't even a missed delivery slip from the USPS waiting for them—then the paperwork clearly didn't arrive... though I don't see much point in getting bogged down in the specific service of process regulations right now.

if neither attempt is successful, you have to request proof of residence from the Department of Justice.

Since we are being pedantic about the details, the Department of Justice is only contacted if the creditor makes a written request to a notary public to attempt the service once more...

if the court determines there are absolutely no assets to seize, then the enforcement proceedings will be suspended, but unfortunately, the assumption remains that everything at your registered residence belongs to you, regardless of whether you are just a tenant or not.

There is a presumption—not a total legal presumption, strictly speaking—that things belong to the resident unless proven otherwise, and in reality, a landlord would immediately step in and claim ownership of their own property to avoid such an assumption...
Rebecca Miller4 Rebecca Miller4 Member
17 messages
joined Sep 2013
#511 ·
So, I was falling down a rabbit hole at 3 AM—classic me, right?—and ended up staring at the Dyatlov Pass incident. You know, that whole creepy mystery where a bunch of hikers just... lost it? It’s one of those things that stays in the back of your head, making you look twice at any dark patch of woods. The more you dig into the official reports, the more it feels like someone’s trying to cover their tracks. Was it an avalanche? A secret military test gone wrong? Some kind of infrasound freak accident? Honestly, looking at how much paperwork the Department of Justice would have to wade through if this happened on US soil today, it’s probably easier to just call it "unexplained" and move on. But man, there’s something deeply unsettling about people fleeing their tents in the middle of a freezing night without even grabbing their boots. Just pure, unadulterated panic. Makes you wonder what we’re actually capable of when everything goes sideways. Anyway, just my late-night rambling. Don't mind me. kaže:
Since we’re getting into the nitty-gritty here... honestly, you only bother sending stuff over to the Department of Justice if the creditor actually sits down with a notary and puts it in writing, requesting that they try the delivery one more time. That's it. Simple as that.

Yeah, totally forgot to mention that part. My bad. 😁

So, I was falling down some late-night rabbit hole—you know how it goes, one minute you’re looking up recipes for chili, the next you’re questioning everything you thought you knew about reality—and I stumbled onto that whole Dyatlov Pass mess. Honestly? It’s enough to make you want to stay indoors forever. Just me, my coffee, and the crushing weight of cosmic uncertainty. It’s just... unsettling. You have this group of experienced hikers, perfectly capable people, and then suddenly? Total chaos in the middle of nowhere. No logic, no easy answers, just a bunch of terrifyingly weird clues left behind in the snow. People love to jump to aliens or secret government experiments—and hey, I’m not saying I *don't* believe in the weird stuff, I've seen enough sci-fi to be suspicious—but there’s something about the sheer randomness of it that really gets under my skin. It makes you think about how fragile everything actually is. One minute you're out enjoying the great American wilderness, maybe hiking through some remote part of the Rockies, feeling all invincible and outdoorsy, and the next... well, things just go sideways. And nobody knows why. That lack of closure? It’s the worst part. It sits in your gut like a bad burrito. Just a massive, unsolved void where an explanation should be. Makes you wonder what else is out there waiting to trip us up when we least expect it. kaže:
Look, let’s be real here—unless someone explicitly says otherwise, you’d think there's this basic assumption of ownership, right? But when it comes to tenants? Forget about it. Not a single shred of benefit of the doubt. The second anything is out of place, some landlord will jump down your throat claiming it belongs to them. It's always their stuff. Always.

It all comes down to residency, I guess. But look, if a bailiff shows up at your door, any landlord with half a brain is going to block them from even touching their own property. I mean, let’s be real—most decent people would do the exact same thing, right? It's just common sense.

Look, if your landlord decides to be a total pain and refuses to hand over the keys or whatever, don't just sit there sweating about it. If they won't cooperate with the inventory or the handover, the court isn't just going to shrug its shoulders. Basically, once the creditor files their motion, the court can just take that right to possession and pass it straight to you. It’s like... okay, imagine you're dealing with some stubborn jerk in Chicago who thinks they own the rules, but the legal system actually steps in and says, "Actually, no, give them the property." It's messy, sure, and honestly, everything feels like a headache lately, but yeah—the law eventually forces their hand.
Drew Johnson2 Drew Johnson2 Active Member
116 messages
joined Jan 2018
#512 ·
I’m sure there’s already an answer floating around somewhere on one of these forums, but I simply cannot be bothered to go hunting for it myself...

On June 15th, I received a notice regarding a writ of execution, and quite predictably, the debt along with the legal fees from the law firm was settled in full the very next day. However, just two days ago, my bank account was frozen due to that exact same garnishment order.

What is my next course of action in this predicament? Should I merely take proof of payment down to Chase and hope for the best, or is there some other bureaucratic hoop I am required to jump through?...
Rebecca Miller4 Rebecca Miller4 Member
17 messages
joined Sep 2013
#513 ·
Drew Johnson2 said:I’m sure there’s already an answer floating around somewhere on one of these forums, but I simply cannot be bothered to go hunting for it myself...

On June 15th, I received a notice regarding a writ of execution, and quite predictably, the debt along with the legal fees from the law firm was settled in full the very next day. However, just two days ago, my bank account was frozen due to that exact same garnishment order.

What is my next course of action in this predicament? Should I merely take proof of payment down to Chase and hope for the best, or is there some other bureaucratic hoop I am required to jump through?...

Look, if you're positive the full amount is settled and you've got the receipt in hand, just get a hold of the creditor directly and send them the proof.
Brandon Fox9 Brandon Fox9 Member
35 messages
joined Feb 2008
#514 ·
Ronald Jackson27 said:What specifically needs fine-tuning, and how?
The reason I won't hire an attorney is because, based on my past experiences, I simply don't trust them.😲

Well, not every lawyer is cut from the same cloth.
If you have a toothache, you see a dentist. If you need to file a lawsuit or a motion for garnishment, you go to a lawyer.
Unless, of course, you're trying to perform your own dental surgery at home...
To be honest, since I'm an attorney myself, these kinds of sweeping generalizations really bother me...
mellowmarlin4 mellowmarlin4 Newcomer
3 messages
joined Sep 2013
#515 ·
Not sure if I'm even in the right sub. Looking for info on child support and wage garnishment for an ex.
The issue is my son is an adult now and a full-time college student, but his dad is refusing to pay anything.
If he were still a minor, we could just go through Child Protective Services, but since he's grown, he’ll have to file the suit himself and go after the father's paycheck.
I have zero clue where to start or how this works—never had to deal with court or legal battles before. Back when we split up 11 years ago, the ex actually paid the amount the judge ordered during the divorce.
I'd rather just hire a lawyer to handle it, but I don't know who to call or what the standard rates look like.
Any help would be appreciated. Thanks.
brisklynx47 brisklynx47 Newcomer
2 messages
joined Sep 2013
#516 ·
Hi experts 🙂

I just received a letter from the law firm Microsoft stating they’re initiating an enforcement proceeding against me regarding case no. abc/03 (from back in 2003). Apparently, their client, AT&T, gave them strict orders to push forward with the collection process.

Here’s the catch. I actually have a court order, abc/03-xx, dated 2006, which officially stayed the entire enforcement proceeding.

I spoke with the folks at Microsoft, and they’re hinting that they will likely reopen the case.

So, I have a few questions:
1) Is this even legal? (The letter cites case abc/03, which was already halted by the court order abc/03-xx)
2) Can they actually start a NEW enforcement action for a debt that’s ten years old? (What about the statute of limitations?)
3) In the previous filing, the seizure was set for: 1) the debtor's personal property—specifically, any movable assets currently in the debtor's possession... and 2) the debtor's monetary claims—meaning a garnishment of 1/3 of the debtor's wages or pension.

Thanks to all you kind souls for any help you can provide.

Charles
John Clark6 John Clark6 Regular
290 messages
joined Jun 2011
#517 ·
1. I mean, it’s certainly possible,
2. they probably want to kickstart the whole process again just to "reset" that ten-year statute of limitations—you know, since those windows can basically be extended indefinitely if they play their cards right.
3. Sure, the proceedings are currently stayed, but that doesn't mean they can't just pick things back up whenever they feel like it.
brisklynx47 brisklynx47 Newcomer
2 messages
joined Sep 2013
#518 ·
Now I’m just completely lost.

1) I spoke with my family attorney, and she gave me the exact same answer as brisklynx47.
2) I also talked to the judge who issued the stay of execution—he told me to just send them an email stating I won't be paying because any bills older than three years are past the statute of limitations. Basically, tell them to get lost. He said if they try to file a new seizure motion, I should appeal it and demand it be dismissed entirely based on that statute of limitations.
3) Meanwhile, the lawyer handling my other legal matters says they're powerless since the specific case they're citing was already closed by the stay. She thinks it's all just a bluff and told me to sit tight and do absolutely nothing.
4) Then I stumbled upon this thread:

Who is actually right here??? How can there be this many different interpretations of the law? It's maddening.
Brandon Fox9 Brandon Fox9 Member
35 messages
joined Feb 2008
#519 ·
The statute of limitations didn't actually start running while the legal proceedings were ongoing, so the clock essentially reset in 2006.
Since they’re holding an enforceable judgment now—specifically that old enforcement order—they can move forward based on that, and they have a ten-year window to act, meaning they could have initiated the process anytime up until 2016.
Honestly, what your attorney told you about being unable to do anything because of the stay was complete nonsense. It’s pretty obvious she doesn't deal with enforcement actions much if she isn't even aware of the basics...
What the judge mentioned only applies if that initial enforcement order never actually became final and legally binding. If that happened, they wouldn't have an enforceable instrument, and the statute of limitations would be one year instead of three, but either way, there really isn't any reason for you to worry...
Michelle Patel76 Michelle Patel76 Newcomer
2 messages
joined Sep 2013
#520 ·
Good afternoon, everyone,
I just received a formal notice regarding a judgment for $867, plus notary fees totaling $267, with an eight-day deadline to settle the balance. I have a specific question about how this plays out: since I am currently unemployed, how long will it take before they actually move to seize my car?
Thanks,

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