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Wage garnishments and collections

Started by Douglas Morgan3 · · 👁 77 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 …
Lawrence Reed3 Lawrence Reed3 Active Member
141 messages
joined Dec 2021
#741 ·
Ronald Anderson45 said: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.🙂

Thanks!
In the meantime, I actually spoke with their lawyers—they told me I have a six-month window to pay off the principal. They said if I just chip away at it with monthly installments based on what I can afford, they won't freeze my bank account or garnish my wages. I'm really hoping that's true, though—I mean, I honestly doubt I'll be able to clear the whole thing in just six months, but hey, maybe I can at least knock out a decent chunk of it.
Arthur Grant4 Arthur Grant4 Member
34 messages
joined Sep 2005
#742 ·
Hey everyone. Got a question. I’ve been seeing arguments all over the place that wage garnishments shouldn't touch travel reimbursements. The logic is that it isn't even "your" money—it's just a reimbursement for costs you racked up while commuting to work. I mean, someone else doing the exact same job might not get a dime if they live right next to the office, so the amount is based on where you live and the cost of the trip, not your actual earnings. I've even seen some judicial opinions that back this up. My company pays out these reimbursements, but they put them in the unprotected bucket because of how the federal garnishment laws are written. Sections 172 and 173 lay out what's exempt, but they aren't exactly crystal clear on what *isn't*. But look, if these reimbursements aren't technically "my" funds, and the garnishment is supposed to be hitting "my" funds, then shouldn't those travel funds be protected? Otherwise, I'm stuck in a loop where I can't even afford to get to work to make the money I'm trying to pay back. That's just common sense, right? Now there's talk floating around that companies will eventually be allowed to legally classify this stuff as protected due to upcoming changes. Does anyone know if there's any truth to that? If nothing is changing, is it possible my employer already knows they can protect this money but is just being tight-lipped about it? Anyone got an answer?
Douglas Green31 Douglas Green31 Member
36 messages
joined Apr 2008
#743 ·
Arthur Grant4 said:Hey everyone. Got a question. I’ve been seeing arguments all over the place that wage garnishments shouldn't touch travel reimbursements. The logic is that it isn't even "your" money—it's just a reimbursement for costs you racked up while commuting to work. I mean, someone else doing the exact same job might not get a dime if they live right next to the office, so the amount is based on where you live and the cost of the trip, not your actual earnings. I've even seen some judicial opinions that back this up. My company pays out these reimbursements, but they put them in the unprotected bucket because of how the federal garnishment laws are written. Sections 172 and 173 lay out what's exempt, but they aren't exactly crystal clear on what *isn't*. But look, if these reimbursements aren't technically "my" funds, and the garnishment is supposed to be hitting "my" funds, then shouldn't those travel funds be protected? Otherwise, I'm stuck in a loop where I can't even afford to get to work to make the money I'm trying to pay back. That's just common sense, right? Now there's talk floating around that companies will eventually be allowed to legally classify this stuff as protected due to upcoming changes. Does anyone know if there's any truth to that? If nothing is changing, is it possible my employer already knows they can protect this money but is just being tight-lipped about it? Anyone got an answer?

I don't think it should even matter whether they suddenly had an "epiphany" or if policies are changing—the bottom line is you'll be getting those travel reimbursements moving forward. Besides, the company doesn't owe you anything retroactively. You'd have to fight Visa or whoever seized the funds if they took them illegally.
Pure logic tells me nothing is going to change. Given how things work in this country, we’re more likely to see fewer exemptions from garnishments than more.
I know a guy where his first paycheck was sent entirely to a frozen account by mistake using one of those Visa solutions. He couldn't get it back. Even though two-thirds is legally protected, there wasn't any help from Bog to recover it.

Then again, I know a company that pays full per diems into protected accounts—only one-third of the base salary goes to the frozen account. No one ever bats an eye.
Arthur Grant4 Arthur Grant4 Member
34 messages
joined Sep 2005
#744 ·
Look, my brother had everything dumped into his unprotected account too, so whatever—he owes the money anyway. I’m not even trying to claw back what was already paid out; I just want to know if there's any hope left. People at my company are hinting that the laws might change or maybe they already have, but who knows? They were all like, "Hey, we've got good news, this might actually work." If you know anything about that, let me know. My first job used to put EVERYTHING into a protected account, but the folks at this place are playing it safe. I still owe about $5,000... I'd pay it off in a heartbeat, but only if it's taken from a third of my paycheck. Taking it out of my travel reimbursements too? That's just straight-up draining me.
Douglas Green31 Douglas Green31 Member
36 messages
joined Apr 2008
#745 ·
Arthur Grant4 said:Look, my brother had everything dumped into his unprotected account too, so whatever—he owes the money anyway. I’m not even trying to claw back what was already paid out; I just want to know if there's any hope left. People at my company are hinting that the laws might change or maybe they already have, but who knows? They were all like, "Hey, we've got good news, this might actually work." If you know anything about that, let me know. My first job used to put EVERYTHING into a protected account, but the folks at this place are playing it safe. I still owe about $5,000... I'd pay it off in a heartbeat, but only if it's taken from a third of my paycheck. Taking it out of my travel reimbursements too? That's just straight-up draining me.

Unfortunately, I don't know anything about upcoming changes. I haven't heard a word, and I'm certainly no expert here—I just know a lot of people with frozen accounts and have seen what happens to them. Someone else in this thread will definitely know more than I do.
With these companies, it all comes down to how they interpret things. Often, out of fear of breaking a regulation, they misinterpret the law entirely. They don't really care, though; they just operate on "better safe than sorry" logic.
Arthur Grant4 Arthur Grant4 Member
34 messages
joined Sep 2005
#746 ·
I know... honestly, I think if things were different, nobody would even bother giving a damn about any of this..
Arthur Smith56 Arthur Smith56 Member
11 messages
joined Jan 2013
#747 ·
Look, I’ve got a problem. I just received a Motion for Execution because my checking account went into the red. I read through the paperwork today, and honestly, I’m floored. The notary fees and legal costs from the law firm are basically half the size of the actual debt itself. Does anyone know if there's any point in calling the law firm to beg for a payment plan, or should I just wait until they freeze my account? And does this whole pile of fees keep growing while the debt sits there unpaid? Please, if anyone knows, help me out!!
Maria Smith11 Maria Smith11 Newcomer
2 messages
joined Dec 2013
#748 ·
I’d love to get some perspectives on this. My partner and I bought a commercial space together. I started my own small business and took out a mortgage to cover it, though the title for the property is in her name. Around that same time, we also bought a condo, which we own fifty-fifty. We were still paying off the loans when we decided to split up. Well, she actually managed to kick me out of "her" commercial space, and now we're headed to court over it. At the moment I was forced out, my business still owed the bank about $55,000. Since she was the co-signer, she paid off that balance, but then she filed a lien against my share of our condo to recover the money. The District Court actually upheld it. I had the right to appeal, so I'm just waiting on a hearing date now. I originally took out the loan four years ago. However, a new law went into effect just four days ago stating that you can't seize a primary residence to settle debts incurred by a business. I guess I'm wondering what you all think about my situation.
John Clark6 John Clark6 Regular
290 messages
joined Jun 2011
#749 ·
Everything is looking crystal clear...
Maria Smith11 Maria Smith11 Newcomer
2 messages
joined Dec 2013
#750 ·
John Clark6 said:Everything is looking crystal clear...

Could you maybe explain that a bit more?
Chloe Gomez2 Chloe Gomez2 Newcomer
1 message
joined Dec 2013
#751 ·
I’m running into some issues with an execution order I received a few months back. It was a summons to carry out the enforcement process, which basically states that if one party doesn't show up, the proceedings move in favor of whoever is present and everything gets suspended. Naturally, nobody representing the creditor ever showed up, so I was sitting pretty. Fast forward a few months, and I get hit with the exact same summons and the exact same warning!!! Where is the law in all of this? Why even bother putting it in writing if they aren't actually going to enforce it?
Does anyone know what my rights are here? Has anyone else dealt with something like this before?

Sent from my iPhone using Instagram
Jason Morris6 Jason Morris6 Newcomer
1 message
joined Dec 2013
#752 ·
Just one quick question here.
I’ve been advised that I should file a lawsuit to have this execution declared invalid—but now I'm wondering... what actually happens if I just ignore the whole thing and do nothing? What becomes of the execution if I simply sit tight? 🤷
hollowmason64 hollowmason64 Regular
411 messages
joined Jan 2016
#753 ·
Chloe Gomez2 said:I’m running into some issues with an execution order I received a few months back. It was a summons to carry out the enforcement process, which basically states that if one party doesn't show up, the proceedings move in favor of whoever is present and everything gets suspended. Naturally, nobody representing the creditor ever showed up, so I was sitting pretty. Fast forward a few months, and I get hit with the exact same summons and the exact same warning!!! Where is the law in all of this? Why even bother putting it in writing if they aren't actually going to enforce it?
Does anyone know what my rights are here? Has anyone else dealt with something like this before?

Sent from my iPhone using Instagram

Just file a formal grievance.
redcrane22 redcrane22 Active Member
90 messages
joined Jun 2012
#754 ·
Arthur Grant4 said:Hey everyone. Got a question. I’ve been seeing arguments all over the place that wage garnishments shouldn't touch travel reimbursements. The logic is that it isn't even "your" money—it's just a reimbursement for costs you racked up while commuting to work. I mean, someone else doing the exact same job might not get a dime if they live right next to the office, so the amount is based on where you live and the cost of the trip, not your actual earnings. I've even seen some judicial opinions that back this up. My company pays out these reimbursements, but they put them in the unprotected bucket because of how the federal garnishment laws are written. Sections 172 and 173 lay out what's exempt, but they aren't exactly crystal clear on what *isn't*. But look, if these reimbursements aren't technically "my" funds, and the garnishment is supposed to be hitting "my" funds, then shouldn't those travel funds be protected? Otherwise, I'm stuck in a loop where I can't even afford to get to work to make the money I'm trying to pay back. That's just common sense, right? Now there's talk floating around that companies will eventually be allowed to legally classify this stuff as protected due to upcoming changes. Does anyone know if there's any truth to that? If nothing is changing, is it possible my employer already knows they can protect this money but is just being tight-lipped about it? Anyone got an answer?

At my company, which is a government agency, they always pay out travel reimbursements through the petty cash fund.
Douglas Green31 Douglas Green31 Member
36 messages
joined Apr 2008
#755 ·
Hello.

I have a question regarding the Matrix. It involves a negative balance on my checking account at the Federal Reserve. That debt was purchased by Matrix. For about a year and a half, I was paying them 100-$167 monthly whenever I could manage it. Since then, I haven't paid anything. They called me incessantly, sent warnings, and even offered various settlement schemes with up to 50% discounts.
None of that mattered to me because I can barely afford the basics, let alone pay off $2333 in one go.
Today, a former employer told me they received a notice from Matrix requesting that a portion of my wages be garnished to settle the debt.
I never received any official decision regarding an execution, which means I had no opportunity to file an appeal.

My questions are:

1. Can they just unilaterally send such a request to an employer, or should this go through Finance or a notary? Is an employer even obligated to follow their "letter"? (They sent it to my former boss. I am currently unemployed, but they could do the same if I find work, so I want to know my rights.)
2. Shouldn't I have been notified about the execution and given a chance to appeal?
3. Isn't this debt past the statute of limitations? The debt itself is three years old, and my last payment was eighteen months ago. In the meantime, no legal action has been taken to collect it.

I get the impression they were just bluffing to trick me into making a payment to reset the statute of limitations.
I think they offered those nonsense "discounts" just to get any amount out of me (they would take as little as $33), because they are terrified of the statute of limitations expiring.

Do I have any standing here? Any advice? I truly cannot afford to pay this.
Douglas Green31 Douglas Green31 Member
36 messages
joined Apr 2008
#756 ·
P.S. I forgot to mention—I actually called them out. I told them if they’re hell-bent on pursuing a Motion for Execution, they should do it by the book. They need to ensure I'm properly notified so I can actually file an appeal. They also need to get in line; there's a massive backlog of people ahead of me, and they don't get to cut the queue just because they feel like it.
The woman I spoke with played dumb, acting like she had no idea what was going on and claiming she had to check with their legal department first.
Funny how that works. When I used to call for account details or payment instructions back when I could still pay easily, everyone had the answers instantly.
Rebecca Miller4 Rebecca Miller4 Member
17 messages
joined Sep 2013
#757 ·
Douglas Green31 said:Hello.

I have a question regarding the Matrix. It involves a negative balance on my checking account at the Federal Reserve. That debt was purchased by Matrix. For about a year and a half, I was paying them 100-$167 monthly whenever I could manage it. Since then, I haven't paid anything. They called me incessantly, sent warnings, and even offered various settlement schemes with up to 50% discounts.
None of that mattered to me because I can barely afford the basics, let alone pay off $2333 in one go.
Today, a former employer told me they received a notice from Matrix requesting that a portion of my wages be garnished to settle the debt.
I never received any official decision regarding an execution, which means I had no opportunity to file an appeal.

My questions are:

1. Can they just unilaterally send such a request to an employer, or should this go through Finance or a notary? Is an employer even obligated to follow their "letter"? (They sent it to my former boss. I am currently unemployed, but they could do the same if I find work, so I want to know my rights.)
2. Shouldn't I have been notified about the execution and given a chance to appeal?
3. Isn't this debt past the statute of limitations? The debt itself is three years old, and my last payment was eighteen months ago. In the meantime, no legal action has been taken to collect it.

I get the impression they were just bluffing to trick me into making a payment to reset the statute of limitations.
I think they offered those nonsense "discounts" just to get any amount out of me (they would take as little as $33), because they are terrified of the statute of limitations expiring.

Do I have any standing here? Any advice? I truly cannot afford to pay this.

1. No, they can't just start sending random things out on a whim. But look, if they actually forwarded a garnishment request to an employer, they couldn't have done that without a copy of a final court order—something that’s actually legally binding. So, clearly, they're working off a valid decision.

And yeah, collection can happen through Finance too, but that’s really just up to whoever is doing the collecting. They don't *have* to involve your employer or Finance if, say, you've worked out a payment plan and you're actually sticking to it. They can pick the employer or Finance; it’s basically entirely at their discretion.

As for why they sent the garnishment to your former boss... they’re obviously just going by whatever the latest info they got from the FDA shows. In that case, your old boss just needs to notify them in writing—basically just a quick note saying you don't work there anymore—and that's that. Job's done.

2. Have you moved lately? It happens all the time—creditors send these motions to whatever address they have on file. That might be an old address you gave the bank ages ago, or something from a DMV record from years back. Even if you moved after that, the creditor is technically allowed to send the motion to that last known address on file because, hey, that's what they have. It's messed up, but it's how it works. Honestly, you don't even have to physically receive the motion for it to count. If they send it to "Address X" as many times as the law requires and you never pick it up, they just post it on the District Court's bulletin board. Once it sits there for 8 days—which is usually the window for an appeal anyway, whether it's on the board or sitting on your kitchen table—it becomes legally binding, and they can move forward.

3. I can't tell you for sure if the debt is past the statute of limitations, but I will say this: if it is, those payments you made probably reset the clock.
feraltinker8 feraltinker8 Member
15 messages
joined Jul 2016
#758 ·
I hold a final judgment from the District Court ordering my debtor to pay the debt along with interest. Based on that judgment, I filed a Motion for Execution back in 2003 with the Sheriff's Office. Since I discovered the debtor was employed at the time, I managed to collect payments for about a year and a half. However, the debtor stopped working, and the payments ceased...

Recently, I attempted to initiate an execution against the debtor's liquid assets through Finance, presenting them with a "Motion for Execution based on an enforceable instrument" (which was drafted by an attorney in 2003 and submitted to the Sheriff's Office, where it was subsequently processed). I was told that I must either return to the Sheriff's Office or retain an attorney to resolve this legally...

Am I required to submit a new Motion for Execution through the Sheriff's Office, an attorney, or a notary...

Does a final court judgment serve as a sufficient document to execute an attachment of funds—essentially acting as the Invoice—allowing me to go directly to Finance to claim the monetary assets? Or must I first visit the Sheriff's Office and then present that specific order to Finance...

I already possess an existing execution order that was previously submitted to the Sheriff's Office and successfully used to collect funds from the debtor. Now, I wish to restart the collection process using that very same order, yet Finance insists that I must revisit the Sheriff's Office and file a fresh Motion for Execution...

Is a final court judgment considered a valid document for executing an attachment of bank accounts via Finance...

Specifically, the Finance website states:
"INVOICE — Finance initiates the execution process based on a received Invoice. An Invoice may consist of an execution order, a security order, a promissory note..."

What exactly does Finance categorize under the term "Invoice"...

I would appreciate any suggestions, proposals, or insights you might have...

Pos.
Douglas Green31 Douglas Green31 Member
36 messages
joined Apr 2008
#759 ·
"Arthur Grant4," you're missing the point entirely.
Rebecca Miller4 said:1. No, they can't just start sending random things out on a whim. But look, if they actually forwarded a garnishment request to an employer, they couldn't have done that without a copy of a final court order—something that’s actually legally binding. So, clearly, they're working off a valid decision.

And yeah, collection can happen through Finance too, but that’s really just up to whoever is doing the collecting. They don't *have* to involve your employer or Finance if, say, you've worked out a payment plan and you're actually sticking to it. They can pick the employer or Finance; it’s basically entirely at their discretion.

As for why they sent the garnishment to your former boss... they’re obviously just going by whatever the latest info they got from the FDA shows. In that case, your old boss just needs to notify them in writing—basically just a quick note saying you don't work there anymore—and that's that. Job's done.

2. Have you moved lately? It happens all the time—creditors send these motions to whatever address they have on file. That might be an old address you gave the bank ages ago, or something from a DMV record from years back. Even if you moved after that, the creditor is technically allowed to send the motion to that last known address on file because, hey, that's what they have. It's messed up, but it's how it works. Honestly, you don't even have to physically receive the motion for it to count. If they send it to "Address X" as many times as the law requires and you never pick it up, they just post it on the District Court's bulletin board. Once it sits there for 8 days—which is usually the window for an appeal anyway, whether it's on the board or sitting on your kitchen table—it becomes legally binding, and they can move forward.

3. I can't tell you for sure if the debt is past the statute of limitations, but I will say this: if it is, those payments you made probably reset the clock.

That’s exactly the point—I haven't paid them a single cent in over a year and a half. Maybe even longer, if I recall correctly.
If the statute of limitations is one year, then it’s already expired—I just have no clue what the specific timeframe is for this case.

Arthur Grant4 says:
No, I can't just send stuff out on my own initiative. But once they forward a Motion for Execution to an employer, they aren't able to do that without a copy of a final, binding court order. So, it’s obvious they have a valid ruling in hand.
They don't have a final court order. It was literally just a standard letter.

"Arthur Grant4," says nothing.
Did any of you change your addresses?
No. For years now, Matrix has been sending settlement offers to this exact same address.
Rebecca Miller4 Rebecca Miller4 Member
17 messages
joined Sep 2013
#760 ·
Douglas Green31 said:"Arthur Grant4," you're missing the point entirely.

That’s exactly the point—I haven't paid them a single cent in over a year and a half. Maybe even longer, if I recall correctly.
If the statute of limitations is one year, then it’s already expired—I just have no clue what the specific timeframe is for this case.

Arthur Grant4 says:
No, I can't just send stuff out on my own initiative. But once they forward a Motion for Execution to an employer, they aren't able to do that without a copy of a final, binding court order. So, it’s obvious they have a valid ruling in hand.
They don't have a final court order. It was literally just a standard letter.

"Arthur Grant4," says nothing.
Did any of you change your addresses?
No. For years now, Matrix has been sending settlement offers to this exact same address.

Look, let's get one thing straight—there’s no magic rule where everything just expires after a year. It’s not like you can just wave a wand and have every single obligation vanish into thin air once twelve months pass. It's definitely not a universal thing, and it certainly doesn't apply to absolutely everything. People love to simplify stuff like that, but trust me, it's never that easy.

Look, here’s the deal with statutes of limitations: everything hinges on when that Motion for Execution actually hits the desk. There's always this specific window of time where you have to kick the process off, otherwise, the whole thing just expires and becomes useless—which, obviously, is the last thing anyone trying to collect money wants to deal with. I don't know the exact timeframe for your specific situation, but if you get that procedure moving before the clock runs out, the statute of limitations doesn't even matter. You could be looking at seven years since the debt was originally created, but if the paperwork is filed in time? Boom. Problem solved. It stays alive.

I stumbled upon this online, and honestly? It just goes to prove exactly what I was saying a second ago.

I’m staring at my bank account right now and honestly? It’s a disaster zone. I feel like I’m just throwing money into a black hole. So, here’s the deal: I took out some loans, and now the monthly payments are absolutely gutting my balance. Every time I think I’ve finally clawed my way back to some semblance of stability, another payment hits and—poof—there goes the dream. It feels like I'm just running on a treadmill that's set just a little too fast for me to keep up. Has anyone else dealt with this kind of cycle? Like, how do you actually stop the bleeding without completely losing your mind? I’m trying to figure out if there's any way to restructure things or if I'm just doomed to live paycheck to paycheck until the end of time. It's exhausting, man. Just... exhausting.

Douglas Green31 said:"Arthur Grant4," you're missing the point entirely.

That’s exactly the point—I haven't paid them a single cent in over a year and a half. Maybe even longer, if I recall correctly.
If the statute of limitations is one year, then it’s already expired—I just have no clue what the specific timeframe is for this case.

Arthur Grant4 says:
No, I can't just send stuff out on my own initiative. But once they forward a Motion for Execution to an employer, they aren't able to do that without a copy of a final, binding court order. So, it’s obvious they have a valid ruling in hand.
They don't have a final court order. It was literally just a standard letter.

"Arthur Grant4," says nothing.
Did any of you change your addresses?
No. For years now, Matrix has been sending settlement offers to this exact same address.

Look, when a Motion for Execution gets sent over to an employer to actually collect the money, they really ought to include either a copy or the actual original court order. It’s just common sense, right? But hey, what do I know... the fact that they completely failed to attach it is a whole different level of incompetence. Just another day in the life, I guess.

Why don't you just try calling them? Honestly. Most of the time they’ll give you nothing—they absolutely refuse to hand over any actual legal details. They won't tell you if a ruling is final or if it's even legally binding or whatever. But, if you play your cards right... if you catch them on the phone and manage to confuse them or trip them up a little bit during the conversation? Man, you might actually walk away with something useful for once.

Look, you gotta ask them why they just sent some random letter instead of an actual court order to kick things off. Seriously. And don't let them off the hook—demand they send over the full breakdown of the debt and all the associated costs. And hey, just a heads-up: don't expect the person trying to collect the money to hand over that specification. That’s handled by the Notary, not the creditor, so there's absolutely nothing the collector can do to speed up how fast that paperwork actually hits your mailbox. It is what it is.

Most of them won't even bother sending it if they haven't figured out a fix yet. It’s like they're holding onto it. Honestly, once everything becomes legally binding, they really ought to just cough up the itemized breakdown. But hey, I guess there isn't even a rule forcing their hand on that, is there? Typical.

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