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Wage garnishments and collections

Started by Douglas Morgan3 · · 👁 78 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
#721 ·
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?

The statute of limitations is one year, according to section 232 of the mandatory relationship law.

Statutes of limitations are calculated based on the due dates. If more than that one-year window passes between the date the debt was due and the date they actually start the collection process, then the matter is expired.

However, if they kicked off the legal proceedings within that specific timeframe, you can't claim it's expired.

So, go back and double-check those due dates.
Carl Nguyen5 Carl Nguyen5 Active Member
66 messages
joined Dec 2012
#722 ·
Just looking for some insight here—I haven’t worked in ten years, and then, just one month after landing a job and receiving my first paycheck, a wave of old fines starts hitting me. These were penalties sitting at the local precinct for two years; I never received a single bill during that time, despite attending court and agreeing to the settlements. Then there’s random parking tickets from back in 2012 in Los Angeles... I ended up paying everything once they froze my bank account, but honestly, they could have just sent the bills over the last two years and I would have settled them gladly. I find it hard to believe the government actively monitors anyone who finally gets employed just to hit them with all those outstanding debts—it feels like a slap in the face to someone starting fresh. A friend mentioned the exact same thing happened to him right after he got hired a couple of years ago. Is it actually true that they track when someone starts a job just to trigger collections on old fines? If my account hadn't been frozen, they wouldn't have seen a dime anyway. It seems incredibly cynical to target people just as they get back on their feet. To be clear, I don't mind paying what I owe—I just hate thinking this is a coordinated tactic. If anyone with more experience can weigh in, I’d appreciate it. Thanks!
Bradley Scott2 Bradley Scott2 Member
32 messages
joined Jul 2014
#723 ·
Rebecca Miller4 said:The statute of limitations is one year, according to section 232 of the mandatory relationship law.

Statutes of limitations are calculated based on the due dates. If more than that one-year window passes between the date the debt was due and the date they actually start the collection process, then the matter is expired.

However, if they kicked off the legal proceedings within that specific timeframe, you can't claim it's expired.

So, go back and double-check those due dates.

There's also an absolute statute of limitations, which I believe is two years in this situation.
If a judgment has already been handed down, I think the limit becomes 10 years from the date of the ruling.
It only stays active indefinitely if the claim is recorded as a lien on the property deed.
feraljackal2 feraljackal2 Active Member
67 messages
joined Aug 2013
#724 ·
Bradley Scott2 said:There's also an absolute statute of limitations, which I believe is two years in this situation.
If a judgment has already been handed down, I think the limit becomes 10 years from the date of the ruling.
It only stays active indefinitely if the claim is recorded as a lien on the property deed.

So, if you lend a brother, a friend, or a godparent, say, $20,000, and they don't pay you back within ten years... you're basically out of luck, right?
John Clark6 John Clark6 Regular
290 messages
joined Jun 2011
#725 ·
feraljackal2 said:So, if you lend a brother, a friend, or a godparent, say, $20,000, and they don't pay you back within ten years... you're basically out of luck, right?

Well, actually—if you don't start the legal collection process within five years, the statute of limitations kicks in. If you *do* move forward, you usually have ten years, BUT—and this is a big but!—any single action taken toward collecting that debt essentially "resets" that clock back to another ten years. You could theoretically keep doing that indefinitely, really, because the US legal system doesn't recognize an absolute expiration date that you can't restart. So, to answer your question: yes, you absolutely can still go after them.🙂
feraljackal2 feraljackal2 Active Member
67 messages
joined Aug 2013
#726 ·
John Clark6 said:Well, actually—if you don't start the legal collection process within five years, the statute of limitations kicks in. If you *do* move forward, you usually have ten years, BUT—and this is a big but!—any single action taken toward collecting that debt essentially "resets" that clock back to another ten years. You could theoretically keep doing that indefinitely, really, because the US legal system doesn't recognize an absolute expiration date that you can't restart. So, to answer your question: yes, you absolutely can still go after them.🙂

What exactly counts as a "step toward collecting the debt"?
Jesse Ruiz88 Jesse Ruiz88 Newcomer
3 messages
joined Apr 2013
#727 ·
Since I can't find any similar stories online, I wanted to run this by you guys: Back in 2009, I was taking my elderly mother to the hospital and we stopped by a mall on the way back. Some girls at an AT&T kiosk offered her a deal—sign a two-year contract and get a phone she liked for basically nothing. Since she didn't have her ID on her, I let her use mine. The contract ended up in my name, and she promised she’d handle the monthly bills. Well, she just mentioned recently that she might have missed some payments. I haven't received any late notices or collections calls yet, so I'm wondering about something: If I call customer service (knowing they record the calls) and ask if I owe anything, does that count as legally admitting to the debt? Or is it just a harmless inquiry with no legal consequences? I read somewhere on a forum that asking could be treated as an admission of debt, which would give them grounds to come after me for the full amount plus legal fees. Basically, I'd be screwed.
John Clark6 John Clark6 Regular
290 messages
joined Jun 2011
#728 ·
Honestly, just imagine what it’ll be like when your debt finally hits the statute of limitations—you won't even have to worry about those dreaded phone calls! Though, if you actually owe money, there’s a decent chance a legal garnishment process has already kicked off, or at least some paperwork is being shuffled around by a notary before it ever officially lands on your doorstep. So, I guess it might be a good idea to just give them a call if it isn't too late—maybe check if you can settle up before the whole thing gets handed over to a big law firm.
Lawrence Reed3 Lawrence Reed3 Active Member
141 messages
joined Dec 2021
#729 ·
Hey everyone!
So, a few days ago I finally got the court ruling back regarding my appeal against an old collection notice from AT&T dating all the way back to 2008. I filed a formal objection because, honestly, a huge chunk of what they were claiming just didn't make any sense. It turns out the judge actually agreed with me! They tossed out that part of the debt since it was baseless—apparently, AT&T couldn't even produce the paperwork to prove I owed it during the proceedings. Now, the court has ordered me to pay off the remaining balance plus the legal fees within 8 days—which totals about $2333 altogether.
The thing is, I don't exactly have that kind of cash sitting around right now... so I was wondering how to handle this if I want to try and work out a settlement with AT&T's legal team to pay it off in installments. At my last hearing, they mentioned I should reach out to them directly. Should I just send them an email?
Someone also brought up the idea that I might be able to contest the amount of the court costs I have to pay, but I'm totally lost on what grounds I would even use for that. If anyone has some advice, I’d really appreciate it!
Also, what happens if I don't pay the debt or the court costs within that 8-day window? Does the garnishment process just start automatically and they pull the money straight from my bank account?
Thanks!
John Clark6 John Clark6 Regular
290 messages
joined Jun 2011
#730 ·
Since that court ruling came down, the judgment you appealed against is officially final—meaning they can move straight to enforcement. They can start freezing bank accounts, garnishing wages, and seizing assets whenever they feel like it... there isn't really any way to stop the process now because, honestly, the execution phase is likely already underway. I suppose the real question is whether that law firm will be willing to work with you on a payment plan? Some of them tend to be a bit prickly when dealing with people who contest their claims... but, given how massive this debt is, I suspect there might not even be much left to negotiate at this stage.
ruggedfox282 ruggedfox282 Newcomer
5 messages
joined Apr 2004
#731 ·
What’s the standard protocol if an enforcement order for tax debt gets sent over to a collection agency, but in the meantime, the debt has been paid in full directly to the IRS?
Lawrence Reed3 Lawrence Reed3 Active Member
141 messages
joined Dec 2021
#732 ·
John Clark6 said:Since that court ruling came down, the judgment you appealed against is officially final—meaning they can move straight to enforcement. They can start freezing bank accounts, garnishing wages, and seizing assets whenever they feel like it... there isn't really any way to stop the process now because, honestly, the execution phase is likely already underway. I suppose the real question is whether that law firm will be willing to work with you on a payment plan? Some of them tend to be a bit prickly when dealing with people who contest their claims... but, given how massive this debt is, I suspect there might not even be much left to negotiate at this stage.

Well, it's not like I was just making stuff up! The court actually ruled partially in my favor, which is a big deal because it cleared me of paying part of the debt that was totally baseless and lacked any actual documentation—which is exactly why I filed the objection in the first place.
Plus, even the attorney mentioned during the hearing that I should reach out to them about setting up an installment plan through a settlement, so hopefully that works out. (Actually, even the judge pointed out quite clearly that a settlement is definitely an option.)
Carol Robinson4 Carol Robinson4 Newcomer
2 messages
joined Dec 2013
#733 ·
Hey everyone!
I’ve run into a bit of a situation and I’m honestly not sure what my next move should be.
So, basically, some certified mail showed up at my old place—you know, where my parents still live, even though I haven't lived there in about four years now—and the mail carrier mentioned it looks like some kind of legal seizure or garnishment notice.

1. Does this whole thing actually count as a formal garnishment if I don't personally go pick up the letter or whatever? I guess that's the question.
2. And how am I supposed to handle this when I haven't received a single late notice or warning in the last four years? It feels weird that the very first sign of any debt is suddenly a legal action.

If anyone has any advice on how to play this, I'd really appreciate it. I'm trying to head out toward the coast for a bit soon, so I'm hoping to get ahead of this so I actually have enough time to figure out a smart way to react.
John Clark6 John Clark6 Regular
290 messages
joined Jun 2011
#734 ·
Come on now, let’s not play pretend—just go ahead and check the mail so you actually know what's going on. I'd hate to see you making a fool of yourself once your accounts end up frozen.
Carol Robinson4 Carol Robinson4 Newcomer
2 messages
joined Dec 2013
#735 ·
It’s fine, don't sweat it too much.

Basically, the question is pretty broad. I see some people mentioning a statute of limitations after just one year from the due date, but then there’s also that five-year rule. It's all a bit fuzzy.
Honestly, this whole collection process has gone way too far. It feels like nobody bothers sending out friendly reminders or warnings anymore—it’s just straight to those shark lawyers looking to collect.
Anyway, I'm headed out to grab my mail now, so let's see what kind of trouble is waiting for me.
Ronald Anderson45 Ronald Anderson45 Newcomer
6 messages
joined Dec 2013
#736 ·
Lawrence Reed3 said:Hey everyone!
So, a few days ago I finally got the court ruling back regarding my appeal against an old collection notice from AT&T dating all the way back to 2008. I filed a formal objection because, honestly, a huge chunk of what they were claiming just didn't make any sense. It turns out the judge actually agreed with me! They tossed out that part of the debt since it was baseless—apparently, AT&T couldn't even produce the paperwork to prove I owed it during the proceedings. Now, the court has ordered me to pay off the remaining balance plus the legal fees within 8 days—which totals about $2333 altogether.
The thing is, I don't exactly have that kind of cash sitting around right now... so I was wondering how to handle this if I want to try and work out a settlement with AT&T's legal team to pay it off in installments. At my last hearing, they mentioned I should reach out to them directly. Should I just send them an email?
Someone also brought up the idea that I might be able to contest the amount of the court costs I have to pay, but I'm totally lost on what grounds I would even use for that. If anyone has some advice, I’d really appreciate it!
Also, what happens if I don't pay the debt or the court costs within that 8-day window? Does the garnishment process just start automatically and they pull the money straight from my bank account?
Thanks!

I'm thinking yeah, definitely.
Basically, once the judgment is final, they hand it over to a collection agency or the sheriff's office, and you'll get a notice saying they're going after your wages.

Here's a link where you can read some pretty helpful info and maybe even post a question to get some advice.🙂
hollowmason64 hollowmason64 Regular
411 messages
joined Jan 2016
#737 ·
Lawrence Reed3 said:Well, it's not like I was just making stuff up! The court actually ruled partially in my favor, which is a big deal because it cleared me of paying part of the debt that was totally baseless and lacked any actual documentation—which is exactly why I filed the objection in the first place.
Plus, even the attorney mentioned during the hearing that I should reach out to them about setting up an installment plan through a settlement, so hopefully that works out. (Actually, even the judge pointed out quite clearly that a settlement is definitely an option.)

I don't quite get why you're stuck covering the legal fees alone, especially since the court partially upheld your objection.
George Lewis9 George Lewis9 Active Member
66 messages
joined Mar 2018
#738 ·
So, my wife is currently stuck in a dispute with Verizon. Back in November 2011, she canceled her Google contract and settled everything she thought was owed—even getting a verbal confirmation from the clerk at the Verizon store that her balance was zero. Turns out, that clerk was wrong; there were still some outstanding charges from late 2011 that hadn't hit yet.

Regardless of the misinformation from the store, Verizon didn't send a single bill or even a late notice until May 2012, when a collection agency suddenly showed up with a proposal for garnishment. She contested it, and while the court eventually tossed the proposal, she ended up footing the bill for the legal costs.

Then, my "brilliant" wife went and made an even bigger blunder—she actually paid off $33 the debt. I told her not to do it, but she did, effectively admitting the claim was valid.

Now, a court summons has arrived for a preliminary hearing this Thursday in Des Moines, which she can't attend because of work.

My plan is to file a written objection based on two points: 1) challenging the jurisdiction—both when the debt originated and currently, the defendant (my wife) resides in Washington, D.C., and 2) requesting a continuance due to her work conflict (I can provide a letter from her school principal explaining she has a mandatory seminar scheduled for those dates). Does this strategy make sense before we proceed further?

The deal is, she’ll pay the amount, but I’ll be the one handling the legal side. In my eyes, Verizon acted pretty shady by failing to send bills and jumping straight to collections. Besides, I'm not going to go broke over a $500-$200 dispute if we lose. Given that the total value is only $33, hiring a lawyer seems like overkill.
brightotter67 brightotter67 Newcomer
3 messages
joined Dec 2013
#739 ·
So, I just got hit with this proposal for a legal judgment based on some "certified document."
The thing is, I never actually agreed to this supplemental insurance policy—it just automatically renewed once my old one expired. Now they’re coming after me for coverage from June 2, 2011, to June 1, 2012.
I mean, seriously, I didn't sign anything, I never saw a bill, and I haven't received a single (!!!) warning notice... and now, out of nowhere, I'm staring at a formal collection order. Apparently, I have 8 days to file an objection. Has anyone here dealt with this before? Does anyone know what kind of legal ground I can stand on when I write this objection?
ruggedmaker2 ruggedmaker2 Regular
469 messages
joined Mar 2018
#740 ·
First thing you need to do is dig out that old policy—the actual one you signed. If it says it auto-renews (and let’s be real, it almost certainly does, and you signed off on it), then you don't really have a leg to stand on. You can't just claim you didn't know if you never sent them a formal, written notice to kill the contract.

They weren't even required to send you those reminders. That's the whole point of signing a contract in the first place; you knew what your obligations were from day one.

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