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Wage garnishments and collections

Started by Douglas Morgan3 · · 👁 76 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 …
Rebecca Miller4 Rebecca Miller4 Member
17 messages
joined Sep 2013
#701 ·
Dennis Long13 said:Hey there, got a question I'm hoping someone can clear up for me.

If someone gets hit with a judgment here in the States, can the creditor actually go after assets or pull funds from a bank account located in another EU country?
Ryan Lee2 Ryan Lee2 Newcomer
7 messages
joined Nov 2013
#702 ·
Daniel Martinez9 said:Once the debtor dies, it's over. If the bank didn't collect the debt while they had the chance, they're out of luck. If they had a lien on the property, they can move to seize it. Immediate family gets first dibs on buying out the property for the amount of the debt. There’s more to it, but that’s the gist.

Is there an actual legal code where I can look this stuff up, or am I going to need to hire a heavy-hitting lawyer to make sense of it all?

Thanks for the assist.
feraljackal2 feraljackal2 Active Member
67 messages
joined Aug 2013
#703 ·
Ryan Lee2 said:Is there an actual legal code where I can look this stuff up, or am I going to need to hire a heavy-hitting lawyer to make sense of it all?

Thanks for the assist.

My lawyer mentioned that a debtor's passing doesn't just end everything—it passes the baton to the heirs, who inherit both the assets and the liabilities if they accept the estate. Of course, they can choose to renounce the inheritance entirely to avoid those debts. If the estate's value is less than what's owed? Well, the outcome seems pretty self-explanatory, wouldn't you say?
Nicholas Cruz7 Nicholas Cruz7 Member
13 messages
joined Feb 2009
#704 ·
Daniel Martinez9 said:Trust me, I’d love to be the optimist here and tell you, "Don't worry, you'll get your money back."
If they actually approve it, please post an update here so we all know (you never know)... though honestly, I think your odds of getting a refund are lower than your odds of hitting the Powerball.

Just wanted to drop an update: I finally got my scholarship refund back. 😁
The whole ordeal took three weeks of playing hot potato, running from one office to the next, and getting passed around like a football.

Finn claims they need proof that the funds were specifically a scholarship, then they tell me the bank has to file the formal dispute with them, so I have to coordinate with the bank to send it to the debt collector—once I jump through all those hoops, Finn just tells me, "Well, wait for the refund; we don't know how long it'll take, or if it'll even happen at all."
Then the debt collector sends it off to the law firm handling the case, basically telling me I'll pay off the full debt by the end of 2013, but there is absolutely no way they are touching any legally protected funds.
The issue is that they demand the bank handles the dispute instead of Finn, but when I go to the bank, they act like they have no clue what's going on, claiming, "We're just the tellers here."

The bank needs to identify exactly what every deposit is—since they're the ones who see the transactions while Finn just processes them automatically—so what's even the point of having protected income if it isn't actually protected when it hits your regular checking account?!

It took seven days for the faxed complaint from the bank to reach the law firm. Once I finally tracked down the debt collector again—I haven't had anything since August, not even my scholarship, let alone any actual means to live
(well, obviously I have ways to survive, but officially, I'm broke) —two days later, they notify me that the refund has been processed.

Meanwhile, the law firm was totally ghosting my emails for a week before that. Even after I told them repeatedly that I can't really do phone calls and need to communicate via email, they just ignored me, repeating the same old mantra, "Just call this number..." and treating people like they're idiots.
It’s a massive headache involving Finn (who still hasn't returned $77 their own fraudulent fees) and the bank too.
They’re just waiting for people to get exhausted and give up.

But hey, mission accomplished: I got the 🥳🙂money back.
feraljackal2 feraljackal2 Active Member
67 messages
joined Aug 2013
#705 ·
You might want to check how long it takes for that garnishment to hit the statute of limitations—assuming it even can. I’ve heard that once the legal process is officially kicked off, the clock basically stops. I'd hate for you to run into the same mess I did back in 2019. Imagine being at the checkout in a Target in Chicago, just trying to grab some formula, bread, and groceries for dinner, only to have them tell you, "Ma'am, your card was declined." It's such a shock when you know the funds are there, but turns out an old debt from 2013 finally caught up with me—back when I was dealing with steady wages instead of a student stipend, which they can actually garnish. You end up walking home empty-handed, doesn't it?
Daniel Phillips54 Daniel Phillips54 Newcomer
1 message
joined Nov 2013
#706 ·
Hey, quick question. So, I just got hit with a garnishment notice from my cell provider, and there's no way I can pay it up within the next 8 days because my first actual paycheck doesn't hit until a week after that deadline. I’m not even trying to fight the actual debt—I know I owe them and I fully intend to pay up—it's just that my money hasn't cleared yet... But on top of all that, these collection fees seem absolutely insane, $475 especially for a debt under $2,500. Am I totally missing something here? Should I try to contest the extra fees, or am I just gonna end up making the whole mess even more expensive for myself? Thanks for any help!
Daniel Martinez9 Daniel Martinez9 Member
38 messages
joined Jan 2013
#707 ·
Nicholas Cruz7 said:Just wanted to drop an update: I finally got my scholarship refund back. 😁
The whole ordeal took three weeks of playing hot potato, running from one office to the next, and getting passed around like a football.

Finn claims they need proof that the funds were specifically a scholarship, then they tell me the bank has to file the formal dispute with them, so I have to coordinate with the bank to send it to the debt collector—once I jump through all those hoops, Finn just tells me, "Well, wait for the refund; we don't know how long it'll take, or if it'll even happen at all."
Then the debt collector sends it off to the law firm handling the case, basically telling me I'll pay off the full debt by the end of 2013, but there is absolutely no way they are touching any legally protected funds.
The issue is that they demand the bank handles the dispute instead of Finn, but when I go to the bank, they act like they have no clue what's going on, claiming, "We're just the tellers here."

The bank needs to identify exactly what every deposit is—since they're the ones who see the transactions while Finn just processes them automatically—so what's even the point of having protected income if it isn't actually protected when it hits your regular checking account?!

It took seven days for the faxed complaint from the bank to reach the law firm. Once I finally tracked down the debt collector again—I haven't had anything since August, not even my scholarship, let alone any actual means to live
(well, obviously I have ways to survive, but officially, I'm broke) —two days later, they notify me that the refund has been processed.

Meanwhile, the law firm was totally ghosting my emails for a week before that. Even after I told them repeatedly that I can't really do phone calls and need to communicate via email, they just ignored me, repeating the same old mantra, "Just call this number..." and treating people like they're idiots.
It’s a massive headache involving Finn (who still hasn't returned $77 their own fraudulent fees) and the bank too.
They’re just waiting for people to get exhausted and give up.

But hey, mission accomplished: I got the 🥳🙂money back.

Well, good for you... though I get why it was returned. It was returned because it suits the collections department. Otherwise, you wouldn't have seen that scholarship. They probably just applied the principal against the debt, so they sent the cash back. You'll likely end up paying more in the end.

Let's be clear about this once and for all. Finn and the banks are just the muscle. How they execute things is dictated by US seizure laws, and their internal rules state that YOU are responsible for notifying them that your income is protected. By design, nobody checks anything. End of story.
mistynomad47 mistynomad47 Newcomer
3 messages
joined Nov 2013
#708 ·
So, back in September, I got hit with a fine, and then about a month ago, I received another notice with a bill for $83. I didn't manage to get it paid within that eight-day window, and honestly... life happened and I just completely blanked on it.
I realized today that my bank actually froze my account because of it. What’s the move here? Should I just transfer enough money to cover the fine directly into the account, or should I go ahead and pay the original bill through the state portal?
Bryan Rivera83 Bryan Rivera83 Member
35 messages
joined Jun 2013
#709 ·
I seriously don't get how you can just "forget" about stuff like this? Now that everything's already frozen, you're staring down both the penalty and the actual cost of the fine. Honestly, the smartest move is to just dump something like $167 into your checking account and let the fine settle itself from there.
Daniel Martinez9 Daniel Martinez9 Member
38 messages
joined Jan 2013
#710 ·
Daniel Phillips54 said:Hey, quick question. So, I just got hit with a garnishment notice from my cell provider, and there's no way I can pay it up within the next 8 days because my first actual paycheck doesn't hit until a week after that deadline. I’m not even trying to fight the actual debt—I know I owe them and I fully intend to pay up—it's just that my money hasn't cleared yet... But on top of all that, these collection fees seem absolutely insane, $475 especially for a debt under $2,500. Am I totally missing something here? Should I try to contest the extra fees, or am I just gonna end up making the whole mess even more expensive for myself? Thanks for any help!

Why not consider filing an objection? You're one of the few people who actually understands their position and realizes they've been served (most older folks never grasp it until their bank account is frozen). Why not use that legal recourse... $475 It’s clearly too much, so you should COMPLAIN about those collection fees instead of just sitting there. But hey, it's your call... if you just leave it to fate, you'll end up paying the debt plus the full collection fees, and there's a real risk you'll end up paying twice.

Ryan Lee2 said:Is there an actual legal code where I can look this stuff up, or am I going to need to hire a heavy-hitting lawyer to make sense of it all?

Thanks for the assist.

The mandatory relationship law. My previous answer assumed there was no estate involved. If things are more complicated than that, it changes.
But I can tell you for sure: if someone plans to take Social Security, it won't be garnished because that's a legal right, not part of an estate.
Yes, you should probably hire a lawyer, but specifically one who specializes in this field.
And make sure you agree to pay AFTER the work is done. Don't fall for smooth talkers.

mistynomad47 said:So, back in September, I got hit with a fine, and then about a month ago, I received another notice with a bill for $83. I didn't manage to get it paid within that eight-day window, and honestly... life happened and I just completely blanked on it.
I realized today that my bank actually froze my account because of it. What’s the move here? Should I just transfer enough money to cover the fine directly into the account, or should I go ahead and pay the original bill through the state portal?

Honey, it wasn't just a warning; it was a garnishment order. Are you absolutely sure what you received, or is it something else? Don't pay a cent until you verify exactly which garnishment hit, and you can only find that out through the IRS... 😉
northernmaker13 northernmaker13 Newcomer
1 message
joined Nov 2013
#711 ·
Quick question; I just got hit with an enforcement notice and a judgment for some old debt from a telecom provider that’s been sitting there for over 7 years. The notary office paperwork says the date was back in June 2007. I actually checked on this debt a while ago and was told it had already expired, yet here I am, nearly 8 years later, facing asset seizure. I have 8 days to file a formal objection... any idea what my chances are of getting this shut down if it really is past the statute of limitations?
hollowmason64 hollowmason64 Regular
411 messages
joined Jan 2016
#712 ·
northernmaker13 said:Quick question; I just got hit with an enforcement notice and a judgment for some old debt from a telecom provider that’s been sitting there for over 7 years. The notary office paperwork says the date was back in June 2007. I actually checked on this debt a while ago and was told it had already expired, yet here I am, nearly 8 years later, facing asset seizure. I have 8 days to file a formal objection... any idea what my chances are of getting this shut down if it really is past the statute of limitations?

I'm not entirely sure what the exact statute of limitations period is for telecom service debts, but I think it's three years. You should probably pull up the mandatory relationship law and double-check everything just to be safe...
...and then go ahead and file your Objection, citing the statute of limitations.
John Clark6 John Clark6 Regular
290 messages
joined Jun 2011
#713 ·
Is someone out there deleting my posts? Honestly, I’m not about to throw out legal advice if I haven't had the chance to get fully up to speed on the specifics of a case—what am I supposed to say, just tell them there's a one-year statute of limitations and they should file an appeal? That would be pure stupidity! Who actually knows when a decision became final and potentially extended that statute to ten years or even indefinitely... I mean, imagine if a woman ends up footing the bill for an appeal and a court hearing for absolutely nothing?

At the same time, I really want to call out everyone giving out advice here—please, just include a disclaimer saying you aren't sure or that this isn't your area of expertise before you start firing off all kinds of nonsense, especially when someone is clearly asking for specific guidance on what to do next.
Bryan Rivera83 Bryan Rivera83 Member
35 messages
joined Jun 2013
#714 ·
So my lawyer—if you can even call him that, since I’m seriously questioning if he knows the first thing about tax debt or the enforcement of judgments act—basically told me I should just suck it up, settle the garnishment, and pay the damn thing. I wasn't having any of that, so I ignored his "expert" advice and just shot off two sentences citing the statute of limitations. Turns out, the actual debt wasn't $7667 but 700. I eventually had to hand him my own notes just so he could see what I was talking about and where I found the IRS guidance on how absolute statute of limitations actually works, because the guy was looking at some outdated law from way back. Honestly, after a few bad experiences, I have zero respect for the legal profession lately. Like the old saying goes, there's an idiot for every job, and most of them are just thinking, "we're only here for the paycheck!"
Richard Miller9 Richard Miller9 Newcomer
2 messages
joined Nov 2013
#715 ·
Hey there!

My bank froze my account and set aside funds to cover an overdraft. Since an authorized credit line from the bank shouldn't count toward my available balance when they're calculating what can be seized, I'm stuck. What’s the move here? How do I actually file an official objection or appeal this?

Thanks in advance!
feraljackal2 feraljackal2 Active Member
67 messages
joined Aug 2013
#716 ·
Richard Miller9 said:Hey there!

My bank froze my account and set aside funds to cover an overdraft. Since an authorized credit line from the bank shouldn't count toward my available balance when they're calculating what can be seized, I'm stuck. What’s the move here? How do I actually file an official objection or appeal this?

Thanks in advance!

Are you absolutely certain they aren't allowed to tap into that overdraft?

Well, under the new regulations regarding the enforcement of judgments act, they can collect fines through wage garnishment. This specific law allows them to pull from any account a debtor holds—which means they can even dip into an authorized overdraft. Plus, there isn't really a provision in this law for a protected portion of your paycheck or pension—you know, that one-third buffer we usually rely on?
mistynomad47 mistynomad47 Newcomer
3 messages
joined Nov 2013
#717 ·
It wasn't actually an order from the enforcement of judgments act.
And besides, that’s not even really what I was getting at.
Anyway... everything's sorted out now 😁 I was just overthinking things for no reason...
Richard Miller9 Richard Miller9 Newcomer
2 messages
joined Nov 2013
#718 ·
feraljackal2 said:Are you absolutely certain they aren't allowed to tap into that overdraft?

Well, under the new regulations regarding the enforcement of judgments act, they can collect fines through wage garnishment. This specific law allows them to pull from any account a debtor holds—which means they can even dip into an authorized overdraft. Plus, there isn't really a provision in this law for a protected portion of your paycheck or pension—you know, that one-third buffer we usually rely on?

(Editorially cleaned text, Federal Register, Issue 91/10 and 112/12)

Article 9.

(1) The agency issues an order to the bank to carry out the payment amount required by the order within the timeframe specified in paragraph 10 of this article. The bank fulfills the order using whatever funds are available in the accounts up to the amount specified in the agency's order and notifies the agency accordingly.
(2) Funds provided via an authorized overdraft on the debtor's account based on a bank credit are not considered available funds under paragraph 1.
feraljackal2 feraljackal2 Active Member
67 messages
joined Aug 2013
#719 ·
Take a quick look at 25/13—I've made some adjustments to the paragraph I attached.
Ryan Lee2 Ryan Lee2 Newcomer
7 messages
joined Nov 2013
#720 ·
Daniel Martinez9 said:Why not consider filing an objection? You're one of the few people who actually understands their position and realizes they've been served (most older folks never grasp it until their bank account is frozen). Why not use that legal recourse... $475 It’s clearly too much, so you should COMPLAIN about those collection fees instead of just sitting there. But hey, it's your call... if you just leave it to fate, you'll end up paying the debt plus the full collection fees, and there's a real risk you'll end up paying twice.

The mandatory relationship law. My previous answer assumed there was no estate involved. If things are more complicated than that, it changes.
But I can tell you for sure: if someone plans to take Social Security, it won't be garnished because that's a legal right, not part of an estate.
Yes, you should probably hire a lawyer, but specifically one who specializes in this field.
And make sure you agree to pay AFTER the work is done. Don't fall for smooth talkers.

Honey, it wasn't just a warning; it was a garnishment order. Are you absolutely sure what you received, or is it something else? Don't pay a cent until you verify exactly which garnishment hit, and you can only find that out through the IRS... 😉


Thanks. She didn't have anything to inherit, so this should all turn out fine in the end.
Best,

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