Wage garnishments and collections

The enforcement order has been officially vacated—so now we're right back to square one, following the same path as the challenge against the payment order. The debt was actually settled before the seizure even went through. So, where does that leave us now?

Daniel Nguyen11 said:The enforcement order has been officially vacated—so now we're right back to square one, following the same path as the challenge against the payment order. The debt was actually settled before the seizure even went through. So, where does that leave us now?

Are you absolutely certain it was paid—I mean, definitely before JB received the notice? If that’s the case, I suspect there will be one hearing where you'll need to argue for a waiver of the foreclosure costs, since they were technically incurred without any legal basis.

Thanks, figured as much.

But if it turns out otherwise, does paying off the collection costs just settle everything? And is there any way to dodge the whole legal battle?

frozencrane46 said:Thanks, figured as much.

But if it turns out otherwise, does paying off the collection costs just settle everything? And is there any way to dodge the whole legal battle?

Wait, what are you even talking about? I mean, honestly—you can just look at when the notary received your specific enforcement order and compare that to when you actually sent the payment via your bank transfer... if you add 2 and 2, you'll know pretty clearly whether you were on time or not! As for avoiding the debate, maybe you could just file a motion with the court stating you're withdrawing your appeal so they don't need to schedule a hearing—and, of course, make sure to attach the receipt showing you've cleared the balance.

Can anyone help me out?
Seven years ago, we sold our condo in downtown Chicago and moved out to the suburbs. Fast forward to today, and I just got hit with a garnishment notice because of some unpaid gas bills from the previous owner. It’s for a property I haven't owned in seven years, all because the new tenant never bothered to transfer the utility account into their own name.
What can I actually do about this? The debt isn't mine, but since I'm still listed as the owner on paper, I'm getting targeted. When I called the local utility office in GP San Francisco, they basically told me it's up to the new owner to switch the billing, but what am I supposed to do in the meantime? Just sit here waiting to get sued every time they miss a payment?

I need an attorney who specializes in foreclosures—got some questions I just can't seem to find answers to anywhere. Ideally someone based in Chicago... any recommendations?

John Clark6 said:Wait, what are you even talking about? I mean, honestly—you can just look at when the notary received your specific enforcement order and compare that to when you actually sent the payment via your bank transfer... if you add 2 and 2, you'll know pretty clearly whether you were on time or not! As for avoiding the debate, maybe you could just file a motion with the court stating you're withdrawing your appeal so they don't need to schedule a hearing—and, of course, make sure to attach the receipt showing you've cleared the balance.

Don't they have to log every single request into their official ledger by serial number?
Who is even responsible for auditing the notary's work and making sure all those entries are actually kept up to date?

Noah Myers8 said:Can anyone help me out?
Seven years ago, we sold our condo in downtown Chicago and moved out to the suburbs. Fast forward to today, and I just got hit with a garnishment notice because of some unpaid gas bills from the previous owner. It’s for a property I haven't owned in seven years, all because the new tenant never bothered to transfer the utility account into their own name.
What can I actually do about this? The debt isn't mine, but since I'm still listed as the owner on paper, I'm getting targeted. When I called the local utility office in GP San Francisco, they basically told me it's up to the new owner to switch the billing, but what am I supposed to do in the meantime? Just sit here waiting to get sued every time they miss a payment?

Look, I'm no legal expert when it comes to this kind of technical mess, but didn't you have to officially close out your contract with the utility company for that place?
I mean, if you sold the place, shouldn't you have gone down to the gas company and terminated your service agreement entirely?
Go grab whatever paperwork you signed with them back when you actually lived in that apartment and see what it says about closing the account.

John Clark6 said:Wait, what are you even talking about? I mean, honestly—you can just look at when the notary received your specific enforcement order and compare that to when you actually sent the payment via your bank transfer... if you add 2 and 2, you'll know pretty clearly whether you were on time or not! As for avoiding the debate, maybe you could just file a motion with the court stating you're withdrawing your appeal so they don't need to schedule a hearing—and, of course, make sure to attach the receipt showing you've cleared the balance.

Sorry to interrupt, but about two or three months ago, I handled a case where the writ of execution didn't list the date it was actually filed with the notary anywhere in the proposal... it showed the date the document was drafted, but not the date the notary officially received it (went to the eye doctor recently, apparently my vision is perfect 😉 )... on the writ, besides that date, there was also the date the order was issued... so... from then on... I advised a colleague to file an objection based on the statute of limitations (since it involved items that expire after one year) regardless of the fact that the electronic timestamp for the draft predated when the guy actually paid... at the end of the day, the creditor still got their principal back anyway.

rowdyraven112 said:Sorry to interrupt, but about two or three months ago, I handled a case where the writ of execution didn't list the date it was actually filed with the notary anywhere in the proposal... it showed the date the document was drafted, but not the date the notary officially received it (went to the eye doctor recently, apparently my vision is perfect 😉 )... on the writ, besides that date, there was also the date the order was issued... so... from then on... I advised a colleague to file an objection based on the statute of limitations (since it involved items that expire after one year) regardless of the fact that the electronic timestamp for the draft predated when the guy actually paid... at the end of the day, the creditor still got their principal back anyway.

exactly, that's the crux of it! You have to look at that specific date. If they paid after that point, you calculate the statute of limitations from when the notary officially handed down the decision—not from when you first received it, nor when the lawyers typed it up... ahhh... you'll see for yourselves eventually 🙂

Greetings, I have a quick question and would really appreciate some help here! 😉
Basically, here is the situation: I haven't been paying my bills because money is tight and so on. However, I just landed a job, and they’ve already notified me that they’re moving toward legal collection/garnishment. My question is: if I pay off the full balance before the garnishment actually hits, will I still be on the hook for court costs? If so, how much should I expect them to be? (The bill is $800, if that matters). It is regarding a subscription service.
Thanks in advance 😁

neonlynx12 said:Greetings, I have a quick question and would really appreciate some help here! 😉
Basically, here is the situation: I haven't been paying my bills because money is tight and so on. However, I just landed a job, and they’ve already notified me that they’re moving toward legal collection/garnishment. My question is: if I pay off the full balance before the garnishment actually hits, will I still be on the hook for court costs? If so, how much should I expect them to be? (The bill is $800, if that matters). It is regarding a subscription service.
Thanks in advance 😁

Look, if they haven't actually filed for legal action yet, there shouldn't be any court costs or extra junk to worry about. Just give T-Mobile a call and work out a nice payment plan with them.

redcrane22 said:Look, if they haven't actually filed for legal action yet, there shouldn't be any court costs or extra junk to worry about. Just give T-Mobile a call and work out a nice payment plan with them.

Pay them a portion now, send an email confirming the payment, and let them know you'll cover the rest next month. That usually settles things...

I just got hit with an enforcement order from a collection agency that bought out my old debt from AT&T... according to the paperwork, I owe them $15 plus all these extra collection fees $310... honestly, my heart nearly stopped when I saw the total. Has anyone else dealt with this kind of thing? Is there any way to push back or get these legal costs lowered? Because, let’s be real, this feels like highway robbery.

Just pay off the debt and let them deal with their own damn service fees... those people are nothing but scammers. 😁

I’m honestly not sure how you could possibly end up with $310 in enforcement costs regarding $15—unless there’s some other factor at play that we aren't seeing here—but I'd guess you're looking at a maximum of $200. You might even be able to shave a bit off that total if you manage to settle within eight days to cover the cost of obtaining the finality clause for $83.

Unpaid bills total = $45.00
Drafting the garnishment order = $312.50
Cost for obtaining finality certification = $312.50
Notary fee = $75.00
Service of process delivery = $156.25
Notary service delivery fee = $37.50
Finality clause filing = $37.50

Which part of this can I actually contest, and what should my legal basis be? I’d really appreciate some help if anyone here has gone through something similar or has some solid advice to share!

If you manage to settle up within that 8-day window...
1. Authorization costs come out to $312.50
2. Service of the enforcement order is $156.25

...these are technically unfounded—meaning they haven't actually kicked in yet—but they’re being billed upfront just in case you miss the deadline. To be honest, I don't think I've ever seen that second item pop up in a preliminary collection notice before.
So, my advice? Just strip those two amounts away from the total, calculate the interest on the remaining balance up until the day you actually pay (you might even want to call the law firm directly—I suspect they'll work with you on that), settle the bill, and then send proof of payment over to the attorney's office. PAY WITHIN THE APPEALS WINDOW TO AVOID TROUBLE There’s really no need to file an appeal if you're just going to end up paying the difference anyway, $33 especially since those extra fees shouldn't apply if you stay within the voluntary payment period.

I was checking my account at Verizon the other day and realized I’ve actually had an outstanding balance for $13 about six years now. I asked them why they never bothered to send a notice or anything—honestly, I'm just relieved I didn't get hit with a lawsuit or a collections agency—and they basically told me that for an amount this small, they don't bother sending 🤷