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Wage garnishments and collections

Started by Douglas Morgan3 · · 👁 89 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 …
silentorca47 silentorca47 Member
12 messages
joined Feb 2014
#821 ·
So, I just got hit with a notice for property seizure from Verizon dating all the way back to 2003, for an amount around $867 plus whatever interest they've tacked on since then.
Nothing had crossed my desk in the meantime, and now they're claiming there's no way out unless they can produce hard evidence, which would bring the total damage to roughly $2667
After a bunch of pointless arguing, the attorney who actually handled the case for Verizon and drafted that whole seizure request told me straight up that he hasn't worked for them in three years.
What are my actual chances of dodging this, and what kind of moves can I even make here?
Thanks
ruggedmaker2 ruggedmaker2 Regular
469 messages
joined Mar 2018
#822 ·
Look, you gotta pay up. That much should be obvious by now.
Honestly, the least painful way to handle this is to just give Verizon a call, hammer out a deal with them, and then actually stick to it.
silentorca47 silentorca47 Member
12 messages
joined Feb 2014
#823 ·
thanks
Adam Hill9 Adam Hill9 Newcomer
1 message
joined Feb 2014
#824 ·
Hey everyone,
I need a little bit of help here. I’ll have more info tomorrow, but I can't sit on this any longer without asking a few questions.
A close family member just called me to say their wages and checking account have been hit by a garnishment order, and all their cash is frozen solid.
It caught me totally off guard because this person isn't involved in any legal proceedings and always stays current on their bills.
Here's how they messed up: They've been a high-level manager at a firm for years.
Because of that, they "agreed" (fear of getting fired, being older and thinking a new job would be hard to find, and other nonsense) to sign on as a legal representative in court cases against the company—basically acting as the face for lawsuits brought by the state or regulatory agencies.

Now, they lost some dispute, and the money is being seized directly from his personal account. 😕
Apparently, part of it goes to the company, and the rest goes to the individual responsible—the so-called legal representative.
Brilliant!
Do I even need to mention that while his account is empty, his mortgage, credit cards, and autopays are still hitting? To top it off, the owner might not even intend to pay the employee back.

I want to know if it's possible to file an appeal (a lawsuit?) regarding this. (I mean, hell, I could sign an addendum to my contract agreeing to help my boss out every single night, and that contract wouldn't hold water in court either).
Also, if this is the case—that they screwed up by signing and now they're paying the price—how can they retroactively cancel that power of attorney?

I'm also worried about making sure that after they leave the job, they aren't held financially or legally liable for old cases. Otherwise, even after they retire, some garnishment could pop up from a lawsuit that’s been dragging on for the last five years.
rowdyraven112 rowdyraven112 Active Member
248 messages
joined Jun 2024
#825 ·
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.

John Clark6 said: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 🙂

So here’s the deal:
There should be three dates on an enforcement motion, right?
First, the date someone typed it up, copy-pasted it, or otherwise drafted the motion. That's the creditor's date.
Second, the date the court, the notary, or some other third party with authority stamps on the front of the motion to make it official. A judge or notary puts this one on.
Third, the actual date the enforcement order is issued. Again, that's the court or notary's doing.

I've dealt with three different cases now where that second, most critical date was practically missing. How is a debtor supposed to calculate the statute of limitations without that date?
😉
Interesting, isn't it? Someone's trying to pull a fast one. I wonder if people are expected to know about this "minor detail" when filing objections, given how often they use the excuse that "ignorance isn't a defense." 😉.
In all three cases, the principal amount was eventually paid, just late.

So, my suggestion for these people: file the objection for the statute of limitations or not? If that second date exists, I'd tell them immediately which legal fees they're stuck paying.
copperrider59 copperrider59 Newcomer
8 messages
joined Jan 2019
#826 ·
What kind of power does a US Marshal or a process server actually have when they show up at my front door to seize assets?

Here’s the deal: there’s already an enforcement order out there, which is why my bank account is frozen, but since there’s zero cash in there, the creditor hasn't been paid. I’m guessing the creditor asked to pivot the seizure to physical property, because now a marshal is showing up at my house. I wasn't home when they stopped by, so they just told my family they'd be back on a specific date.

I really need to know what their actual authority is—like, what can they legally grab and what's off-limits? Can they force their way into the house if I’m not there and my family tries to block them? Look, I’m just a student with basically nothing to my name, so there isn't any paper trail for "assets." It’s just clothes and basic everyday stuff. Are they allowed to seize my clothes, and how do they even decide what belongs to me versus what belongs to everyone else living here? It feels like it’s all up to their discretion, and they might just guess based on size or style that something is mine.

Basically, what's the smartest move here? Should I just stay out of the house when they show up, or should I be there and tell them, "Look, I don't own anything, this is my parents' place, and everything inside belongs to them"? Do they actually have the right to rummage through things and play judge and jury on what's mine and what belongs to my parents?

It honestly seems like in a country where we're supposed to have legal certainty and the rule of law, they shouldn't be able to touch anything. If they have this much unchecked discretion, it totally flies in the face of how the legal system is supposed to work.

What do you guys think is the best way to handle this? Should I be home or just lay low?
neonpuma14 neonpuma14 Newcomer
1 message
joined Feb 2014
#827 ·
Hello everyone. I am not entirely sure if this is the right forum for my inquiry, so please feel free to move my post if necessary. Thank you.
My husband took out a loan in his name, and after several years of making steady payments, he recently lost his job. To make matters worse, I also lost mine, so I can't step in to cover the monthly installments. It looks like we might be facing legal action or wage garnishment from the bank, but since my husband doesn't own any assets, we aren't sure what they would even go after. The house we live in belongs to his parents, and we don't own any other property. My main concern is whether the bank can come after the property I inherited from my grandmother about ten years ago. I am neither a co-signer nor a guarantor on his loan; I am simply his wife who happens to hold title to an inherited home.
Thanks for any insight you can provide, and apologies again if this is the wrong place for this!
Paul Nelson2 Paul Nelson2 Newcomer
1 message
joined Feb 2014
#828 ·
How exactly is it possible that $33 the fees are uncollectible?
John Clark6 John Clark6 Regular
290 messages
joined Jun 2011
#829 ·
Paul Nelson2 said:How exactly is it possible that $33 the fees are uncollectible?

What kind of movie are you living in?
Jamie Newman5 Jamie Newman5 Member
41 messages
joined Feb 2013
#830 ·
copperrider59 said:What kind of power does a US Marshal or a process server actually have when they show up at my front door to seize assets?

Here’s the deal: there’s already an enforcement order out there, which is why my bank account is frozen, but since there’s zero cash in there, the creditor hasn't been paid. I’m guessing the creditor asked to pivot the seizure to physical property, because now a marshal is showing up at my house. I wasn't home when they stopped by, so they just told my family they'd be back on a specific date.

I really need to know what their actual authority is—like, what can they legally grab and what's off-limits? Can they force their way into the house if I’m not there and my family tries to block them? Look, I’m just a student with basically nothing to my name, so there isn't any paper trail for "assets." It’s just clothes and basic everyday stuff. Are they allowed to seize my clothes, and how do they even decide what belongs to me versus what belongs to everyone else living here? It feels like it’s all up to their discretion, and they might just guess based on size or style that something is mine.

Basically, what's the smartest move here? Should I just stay out of the house when they show up, or should I be there and tell them, "Look, I don't own anything, this is my parents' place, and everything inside belongs to them"? Do they actually have the right to rummage through things and play judge and jury on what's mine and what belongs to my parents?

It honestly seems like in a country where we're supposed to have legal certainty and the rule of law, they shouldn't be able to touch anything. If they have this much unchecked discretion, it totally flies in the face of how the legal system is supposed to work.

What do you guys think is the best way to handle this? Should I be home or just lay low?

Just pay the debt or try to negotiate a payment plan with the creditor.
Running away and hiding is usually why debts pile up in the first place, and it doesn't fix the underlying issue.
urbantiger53 urbantiger53 Member
18 messages
joined Feb 2014
#831 ·
Hey everyone... I have a quick question if anyone can help me out... Basically, I’ve been dealing with a massive judgment from AT&T dating all the way back to 2007, and yet my bank account hasn't been frozen even to this day... Is it possible that the statute of limitations has run out? Thanks...
John Clark6 John Clark6 Regular
290 messages
joined Jun 2011
#832 ·
No, plus you've already got that whole thread about legal judgments and collections
urbantiger53 urbantiger53 Member
18 messages
joined Feb 2014
#833 ·
I have a bit of a question... I'm dealing with a massive judgment and an asset seizure order from AT&T dating all the way back to 2007... yet they still haven't frozen my bank accounts?? Why is that? Is there any chance it's hit the statute of limitations? I've heard somewhere that things expire after five years or something like that...
urbantiger53 urbantiger53 Member
18 messages
joined Feb 2014
#834 ·
John Clark6 said:No, plus you've already got that whole thread about legal judgments and collections

What do you mean by that? Care to elaborate a bit...
Jerry Gray Jerry Gray Newcomer
6 messages
joined Mar 2013
#835 ·
At the end of September 2013, I got hit with a collection notice from AT&T
The bills listed are for:
12/2011
01/2012
03/2012
10/2012

I immediately filed a dispute because I think those first three months are past the statute of limitations, and honestly, that last bill doesn't even make sense to me (which is true), since I thought my contract with AT&T ended before then. Plus, I didn't receive any bills—or maybe I just missed them—but I usually toss all my junk mail without looking, though I doubt I would have missed an actual bill...

I haven't kept any of the bills or the contract; the agreement ended, and those old bills were paid long ago, so I don't really keep stuff like that for years...

The collection process was put on hold, maybe around December, but today I got a summons for court...

So now I'm wondering if they can actually charge me for those first three months?

If the contract did happen to cover that last month, could they just charge me for that one and write off the first three?

And if something like that happens, am I stuck paying all the legal fees?

Is there any way to fight paying those fees, especially since I never got the bill on time and they tried to include those expired charges in the collection process?

If I'm not at fault for any of these charges, who covers my costs, especially since I have to travel to a $17 distant location for court? ($33 bus) plus whatever I spent sending in my dispute... I'm unemployed right now and don't have any income (at least not on paper)

I'm just getting so tired of these greedy telecom companies; I feel like rebelling over the $0.33 costs they're causing... Honestly, I'd tell them to send a limo to pick me up, since I don't even have money for the bus 😠
Jerry Gray Jerry Gray Newcomer
6 messages
joined Mar 2013
#836 ·
urbantiger53 said:I have a bit of a question... I'm dealing with a massive judgment and an asset seizure order from AT&T dating all the way back to 2007... yet they still haven't frozen my bank accounts?? Why is that? Is there any chance it's hit the statute of limitations? I've heard somewhere that things expire after five years or something like that...

hmm.. I guess I'm in a similar boat with T-Mobile... Isn't the statute of limitations for telecom services just one year?
John Clark6 John Clark6 Regular
290 messages
joined Jun 2011
#837 ·
Well, I don't think it quite works out the way you all seem to think... honestly, if you just scroll back through a few pages of this thread, you'll see what I mean—I really don't have the energy to repeat myself fifty times over!
urbantiger53 urbantiger53 Member
18 messages
joined Feb 2014
#838 ·
Come on, give us the breakdown... explain how this math actually works. I was served with an asset seizure order back in 2007 and, honestly, I haven't seen a single thing happen since then...
urbantiger53 urbantiger53 Member
18 messages
joined Feb 2014
#839 ·
Jerry Gray said:hmm.. I guess I'm in a similar boat with T-Mobile... Isn't the statute of limitations for telecom services just one year?

I heard today that it’s a one-year limit too... which law firm ended up suing you?
urbantiger53 urbantiger53 Member
18 messages
joined Feb 2014
#840 ·
rowdyraven112 said:So here’s the deal:
There should be three dates on an enforcement motion, right?
First, the date someone typed it up, copy-pasted it, or otherwise drafted the motion. That's the creditor's date.
Second, the date the court, the notary, or some other third party with authority stamps on the front of the motion to make it official. A judge or notary puts this one on.
Third, the actual date the enforcement order is issued. Again, that's the court or notary's doing.

I've dealt with three different cases now where that second, most critical date was practically missing. How is a debtor supposed to calculate the statute of limitations without that date?
😉
Interesting, isn't it? Someone's trying to pull a fast one. I wonder if people are expected to know about this "minor detail" when filing objections, given how often they use the excuse that "ignorance isn't a defense." 😉.
In all three cases, the principal amount was eventually paid, just late.

So, my suggestion for these people: file the objection for the statute of limitations or not? If that second date exists, I'd tell them immediately which legal fees they're stuck paying.

Regarding that second date... what do you think, John Clark6?? If you aren't sure, PLEASE, if you have the time, look into my situation too...

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