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Wage garnishments and collections

Started by Douglas Morgan3 · · 👁 8 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 …
Olivia Garcia6 Olivia Garcia6 Newcomer
2 messages
joined Feb 2013
#61 ·
I know, but maybe someone else here has dealt with something similar, or had a situation like this... I figured I'd ask, since it doesn't cost me anything to try—and who knows, maybe someone actually understands how to navigate this from a legal standpoint... 🤷
Jeffrey Fox4 Jeffrey Fox4 Newcomer
7 messages
joined Jun 2010
#62 ·
crimsonsailor7 said:Look, I'm not saying statutes of limitations don't exist at all... they definitely do for other types of stuff, obviously. But you can't just apply it to what's already in motion here. What that person was trying to explain wasn't quite what you're making it out to be... that ten-year rule only really kicks in if there hasn't been any attempt to collect the debt at all, it doesn't count if the collection process is already ongoing and has nothing to do with bills that were never even sent out for payment in the first place...

Brandon Fox9 said:Well, if that's the case, then whoever told you that clearly gave you the wrong information...


Yeah, looks like it.. 🤷
Nicholas Palmer3 Nicholas Palmer3 Newcomer
2 messages
joined Feb 2013
#63 ·
Does the statute of limitations still apply if there's an IOU or a court judgment that became final, but they just haven't managed to start the collection process over the last 10 years?
driftingmoose10 driftingmoose10 Newcomer
2 messages
joined Feb 2013
#64 ·
So, after dealing with this endless legal tug-of-war with the folks over at the Adriatic Sea, I finally got hit with a wage garnishment for the principal plus some absolutely insane interest. We actually managed to settle out of court to slash those interest rates, bringing the whole debt down to about $3000, which I somehow managed to pay off in just three months. But get this—right as I’m making that final payment, they go and freeze my bank account using the exact same debt, just under a different case number! It’s been four weeks now and I still can't touch my own damn money. I actually went down to the courthouse myself a few days ago and finally clawed back a court order to lift the freeze, but for some reason, it hasn't reached the clearinghouse yet, so they're still stripping my funds. Has anyone dealt with this crap? Is there any actual ground to sue someone over these duplicate garnishments? This kind of stuff shouldn't even be possible, let alone happen without someone being held accountable...🙂
driftingmoose10 driftingmoose10 Newcomer
2 messages
joined Feb 2013
#65 ·
Look, let me try to break this down simply because I’m losing my mind here. Can a creditor actually launch two separate legal actions for the exact same debt? Like, can they hit me with two different court case numbers? I get that they can go after different assets, but this feels like a total scam to me. Everything's been paid off, yet my bank account is frozen again because of some new court order under a completely different case number. Help me out, seriously. I went to a lawyer and they were basically useless.😕
Sophia Green6 Sophia Green6 Newcomer
2 messages
joined Feb 2013
#66 ·
So, basically, I logged into my online banking yesterday only to find my account completely frozen. Zacudjen, right? I pay every single bill on time and haven't missed a single payment in my life.
I called the bank immediately, but they were totally useless—they couldn't tell me who froze it or even why, so they just sent me straight to the IRS. Once I got there, a lady at the desk
let me in on the news: the United States federal budget had placed a freeze on my funds because of some unpaid divorce filing fee. First off, I wanted the ground to swallow me whole out of sheer embarrassment because I know for a fact we paid that fee.
And second, my wife and I had to dig up this whole chapter of our past that we thought we’d buried and forgotten forever. We went down to the District Court feeling both furious and humiliated just to
figure out what the hell happened. After being bounced from office to office like ping-pong balls, we finally reached the clerk responsible for verifying fee payments. Once she tracked down my name on the list, she dropped a bombshell
telling us that our payment was never actually forwarded by the judge to her for verification; instead, the account was flagged and blocked without anyone even checking if the money had arrived.
Armed with all our paperwork, we marched over to the judge herself to explain the situation. She just kept repeating how sorry she was, claiming she simply forgot to log in the receipt in the system
and insisting she was absolutely certain she hadn't seen it. After fifteen minutes of arguing, we realized we were talking to a brick wall because she was clearly determined to stick to her story. When we showed her the document we got from
her own staff member—which clearly shows my name and the fee payment dated October 2nd—she just doubled down, saying she didn't remember seeing the slip. We walked her through
the entire hearing and the context of when the receipt was handed over, reminding her that she had returned it to us along with all our extra files (since we brought both originals and copies), to which she
flatly denied ever giving anything back to us. We were beyond frustrated, insulted, and humiliated; it felt like shouting into a void. When we pointed out that her own staffer told us
that our payment hadn't been sent for verification before the block order was issued, she just snapped at us, telling the clerk to stop playing dumb and said
that it wasn't her job. It was obvious she realized she'd messed up, but she still clung to the lie that she didn't recall the receipt. Once I got home, I found the folder containing all the
papers she had indeed handed back to us, including the receipt. That folder hasn't been opened since the moment we left her courtroom, and everything is in there exactly as she gave it to us. She won't take my calls, and yesterday
she finally told me the only thing she could do is ask the IRS to lift the freeze, and that the only way we'd get our money back is $67after they've already charged us twice for $100, plus the IRS is hitting us with $57in processing fees just to unfreeze the account.
So, just because she "forgot" she saw a piece of paper, I'm stuck with a $90 bill and a frozen account. I make $1100 a month and have a mortgage for $467, so my house is on the line. My wife doesn't work, and we have a two-and-a-half-year-old kid to look after. With $3.25 left in my wallet, I can't even withdraw my own paycheck due to the freeze, and now they're threatening to pull my $0.00 overdraft protection... all this
just because the Honorable Judge "forgot" she saw the receipt.
Now I'm wondering, who do I even talk to about this? Who is actually held accountable for this mess?
Who can I turn to for help? I don't have the cash to cover my overdraft, and honestly, I don't even have enough for bread for my baby because my account is locked tight. I'm innocent, yet I'm the one suffering for her negligence.
I can't afford a lawyer, otherwise, I would have filed a lawsuit ages ago.

(The next day, I found the receipt tucked inside the folder of papers she returned at the hearing, since we had duplicates... when I called her to let her know I actually had the receipt, she just told me she was done talking to me and hung up. As of today, my online banking has been cut off too, so I can't even transfer money to my wife's account unless I use an ATM)
Daniel Martinez9 Daniel Martinez9 Member
38 messages
joined Jan 2013
#67 ·
Nicholas Palmer3 said:Does the statute of limitations still apply if there's an IOU or a court judgment that became final, but they just haven't managed to start the collection process over the last 10 years?

Yeah... the statute of limitations for those types of collections is 10 years... on one condition: an enforcement action wasn't started and the matter isn't part of a civil lawsuit... if it is, you look at the statute of limitations for the specific civil case (I'm not exactly sure what that timeframe is here)...
From what I can see, you mentioned they haven't been able to start collecting... which would mean an enforcement action was initiated and became final, but the creditor just hasn't sent it to the IRS for collection... in that scenario, there is no statute of limitations...
bluecobra18 bluecobra18 Member
13 messages
joined Feb 2013
#68 ·
Maybe those guys have some solid advice to offer:
Personally, I think you should just petition the same court to lift the freeze.
Sophia Green6 Sophia Green6 Newcomer
2 messages
joined Feb 2013
#69 ·
I already reached out to them. Even went straight to the Department of Justice...
The motion to lift the freeze has been filed, but I'm the one footing the bill $90 because of her screw-up, not to mention the fact that my money is just sitting there out of reach until this whole mess gets cleared up.
Nicholas Palmer3 Nicholas Palmer3 Newcomer
2 messages
joined Feb 2013
#70 ·
Daniel Martinez9 said:Yeah... the statute of limitations for those types of collections is 10 years... on one condition: an enforcement action wasn't started and the matter isn't part of a civil lawsuit... if it is, you look at the statute of limitations for the specific civil case (I'm not exactly sure what that timeframe is here)...
From what I can see, you mentioned they haven't been able to start collecting... which would mean an enforcement action was initiated and became final, but the creditor just hasn't sent it to the IRS for collection... in that scenario, there is no statute of limitations...

The court ruling is final and was sent over to FIFA, but they just haven't been able to successfully begin the collection process within that ten-year window.
Rebecca White4 Rebecca White4 Member
21 messages
joined Jan 2013
#71 ·
The IRS didn't start ramping up these kinds of seizures until about two or three years ago, so there's no way what you're looking at is a ten-year-old lien...

It’s pretty obvious you aren't actually sure what’s been happening with this specific legal action, which means nobody can give you any real, legally sound advice right now...
Daniel Martinez9 Daniel Martinez9 Member
38 messages
joined Jan 2013
#72 ·
Nicholas Palmer3 said:The court ruling is final and was sent over to FIFA, but they just haven't been able to successfully begin the collection process within that ten-year window.

Well, I hate to burst your bubble, but there’s no statute of limitations on this... once the garnishment process starts, that's it. You can pause a garnishment and restart it whenever you want without any special legal hoops to jump through.
It's one of those shady parts of the American enforcement laws designed to prevent things from expiring once a case is active. Obviously, the creditor needs to get paid, but it's also pretty clear that keeping someone under a debt hammer for their entire life isn't exactly about protecting human rights... though I've seen it happen.
Daniel Martinez9 Daniel Martinez9 Member
38 messages
joined Jan 2013
#73 ·
Sophia Green6 said:I already reached out to them. Even went straight to the Department of Justice...
The motion to lift the freeze has been filed, but I'm the one footing the bill $90 because of her screw-up, not to mention the fact that my money is just sitting there out of reach until this whole mess gets cleared up.

Figure out exactly who to file an appeal with if a judge drops the ball... if you send that grievance to the wrong office, prepare to abandon all hope while bleeding extra cash... honestly, if you have a lawyer, go talk to some advocacy groups that specialize in this stuff...
Every court has a Chief Judge... just schedule a meeting with them and make it clear you're ready to settle because you just want your money back...
Michelle Parker54 Michelle Parker54 Newcomer
4 messages
joined Feb 2013
#74 ·
I need some advice here.
I just received a demand letter from a law firm.
It’s regarding a debt of about three hundred dollars dating all the way back to 2007—an amount I was certain I had already settled, though proving it is impossible since 🙂🙂🙂 I wasn't using online banking back then, and naturally, I didn't keep paper receipts from 🙂
Long story short, the debt was sold to a collection agency, which then handed it right back to the same attorney. Now they're demanding I settle the full amount immediately, but the total has somehow doubled...
A friend mentioned seeing a segment on TV claiming that if you get a legal demand like this, you aren't actually obligated to pay the extra fees—just the original debt itself.
Given my past run-ins with aggressive collectors, I'm worried that if I don't pay everything they're asking for, they'll just keep coming after me later.
Does anyone have actual, verified info on this? And what’s the deal with the interest?
Thanks 🙂
John Clark6 John Clark6 Regular
290 messages
joined Jun 2011
#75 ·
Well, you’ll likely need to settle both the principal amount and those interest charges—and then just send over the payment slip once it's done... though, I suppose a court would have to officially rule on those specific costs first, and since you mentioned they haven't even kicked off the actual foreclosure process yet... how much are they asking for that initial warning notice $67 maybe around 🙂?
Rebecca White4 Rebecca White4 Member
21 messages
joined Jan 2013
#76 ·
You didn't actually say what this debt is even for, but honestly? It doesn't matter. If this bill really dates back to 2007, the statute of limitations has long since passed—we're talking a five-year window here in the States. My advice? Don't give them a single cent!

Now, there’s one catch: this only works if they haven't already filed any formal legal action regarding this specific debt. A simple demand letter or a "final notice" in the mail doesn't count as a legal proceeding. So, if they try to come after you with an actual garnishment or seizure, just file an objection citing the statute of limitations and call it a day. You'll be fine! These collection agencies thrive in the shadows; they love playing dirty and trying to squeeze money out of expired debts because they're terrified you won't realize the clock ran out. If they were acting in good faith, they would have sued you years ago when it was still profitable. Instead, they're sending letters hoping you'll just roll over.

Bottom line: don't pay the principal, and for heaven's sake, don't pay those ridiculous fees! 🙂
Emily Davis10 Emily Davis10 Newcomer
3 messages
joined Feb 2013
#77 ·
help help

So, okay, I just received this "demand for payment" notice from a collection agency called Prima Recovery for an amount that’s actually a bit more than $467, and I was wondering... since I'm still a student and don't really have any major bills or anything, but I do have my car registered in my name, how much time actually passes between getting one of these "notices" and when they actually start seizing assets or something?

And, um, does anyone know how many monthly installments they might let me set up for a payment plan? I mean, I definitely intend to pay off this debt, but I don't actually start my job for another month, which means my first paycheck won't hit until two months from now... so, maybe there's a chance they could wait that long?

thanks so much!!!

p.s. it's regarding my Verizon phone bill
Jesse Sanchez90 Jesse Sanchez90 Active Member
66 messages
joined Feb 2013
#78 ·
Emily Davis10 said:help help

So, okay, I just received this "demand for payment" notice from a collection agency called Prima Recovery for an amount that’s actually a bit more than $467, and I was wondering... since I'm still a student and don't really have any major bills or anything, but I do have my car registered in my name, how much time actually passes between getting one of these "notices" and when they actually start seizing assets or something?

And, um, does anyone know how many monthly installments they might let me set up for a payment plan? I mean, I definitely intend to pay off this debt, but I don't actually start my job for another month, which means my first paycheck won't hit until two months from now... so, maybe there's a chance they could wait that long?

thanks so much!!!

p.s. it's regarding my Verizon phone bill

Try accessing their app—you might find some options there. Just a heads up: try not to let them issue a formal judgment against you, because that's when all those extra legal fees start piling up.
A buddy of mine worked things out with SP+; they agreed to wait four months for him if he paid in installments, and he was super consistent with it. He ended up paying way less than the original total.
Example 2: Another friend had his T-Mobile bill sent to a debt collection firm—they basically messaged him for over six months without adding interest or moving toward legal action. Total bill: $60.
Roger Lee9 Roger Lee9 Newcomer
5 messages
joined Feb 2013
#79 ·
Quick question - I NEED HELP please!

So, here’s the deal... if a TV license fee from back in May 2003 apparently wasn't paid—we honestly can't quite remember if it was or wasn't—
but we've been paying it religiously every single month since June 2004,
is there any way to claim the statute of limitations?
They actually sent us an enforcement order today—can you believe that? Ten years later!!😲😲

The thing is, we never even saw those three warning notices they claim to have sent. We moved houses, you see, and we've been staying current on all payments at our new address since 2004.
It's actually for my parents, who have been living in the same place since $667 😢
John Clark6 John Clark6 Regular
290 messages
joined Jun 2011
#80 ·
Roger Lee9 said:Quick question - I NEED HELP please!

So, here’s the deal... if a TV license fee from back in May 2003 apparently wasn't paid—we honestly can't quite remember if it was or wasn't—
but we've been paying it religiously every single month since June 2004,
is there any way to claim the statute of limitations?
They actually sent us an enforcement order today—can you believe that? Ten years later!!😲😲

The thing is, we never even saw those three warning notices they claim to have sent. We moved houses, you see, and we've been staying current on all payments at our new address since 2004.
It's actually for my parents, who have been living in the same place since $667 😢

Well, you should probably ask God when the legal proceedings actually started and when they became final. You also need to look into where you were officially registered and where those notices were supposed to be delivered. If the action was initiated earlier—which is likely—then simply moving house might mean the notices ended up posted on a court bulletin board instead of reaching you. If that happened, the statute of limitations gets interrupted and resets for another ten years (or maybe even longer). Also, you haven't really specified what exactly you received today, have you?

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