Wage garnishments and collections

John Clark6 said: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!

I went through a few pages before this and figured it was just a statute of limitations issue. The bills were from December 2011, January 2012, and March 2012. Then the seizure notice was dated September 16, 2013, and I signed off saying I received it just a couple of days after that.

urbantiger53 said:I heard today that it’s a one-year limit too... which law firm ended up suing you?

Hanžeković & Partners

I guess I'm not even sure if it's actually possible to fight back against these big corporations and greedy sharks...

Jerry Gray said:I went through a few pages before this and figured it was just a statute of limitations issue. The bills were from December 2011, January 2012, and March 2012. Then the seizure notice was dated September 16, 2013, and I signed off saying I received it just a couple of days after that.

Hanžeković & Partners

I guess I'm not even sure if it's actually possible to fight back against these big corporations and greedy sharks...

And me, Hanžeković... did they just target you specifically, or what?

How can you say that? The statute of limitations on utility bills kicks in after just one year...

Seriously, please stop spreading misinformation...

I’m not actually talking about utility bills here... I mean AT&T.... specifically mobile debt... do you happen to know anything more about how they handle that?

urbantiger53 said:I’m not actually talking about utility bills here... I mean AT&T.... specifically mobile debt... do you happen to know anything more about how they handle that?

Just read the whole article at that second link... 😉

It says right here:

"Regarding statutes of limitations, citizens can invoke them after three years for municipal fees and reserve funds. For cable subscriptions, cell phone bills, trash, water, and electricity, the statute of limitations kicks in after one year."

You could always check the Federal Register if you're feeling studious.

Even here on the forums, someone is claiming that the statute of limitations doesn't start counting from the moment we actually realize something is wrong... I honestly don't follow their logic at all. If that were true, would I need to file a formal motion regarding the statute of limitations and send it over to the court?

Look, you’ve already got a massive thread dedicated entirely to collections and garnishments where you can just drop the same question instead of cluttering things up by starting a whole new topic:

dustymarlin10 said:How can you say that? The statute of limitations on utility bills kicks in after just one year...

Seriously, please stop spreading misinformation...

I’d bet my lunch money you aren't a lawyer, yet you're handing out advice like you own the place... and frankly, it's pretty bad...

It seems you either forgot or simply don't realize that the whole crux of the matter is whether a motion for collection was filed within the timeframe mandated by law. If they did, there is no statute of limitations issue...

Can someone please lock this thread? For anyone still scratching their heads over how statutes of limitations work, there are hundreds of pages of explanation waiting for you in the main collections thread. Enjoy your reading...

Brandon Fox9 said:I’d bet my lunch money you aren't a lawyer, yet you're handing out advice like you own the place... and frankly, it's pretty bad...

It seems you either forgot or simply don't realize that the whole crux of the matter is whether a motion for collection was filed within the timeframe mandated by law. If they did, there is no statute of limitations issue...

Can someone please lock this thread? For anyone still scratching their heads over how statutes of limitations work, there are hundreds of pages of explanation waiting for you in the main collections thread. Enjoy your reading...

And you're a lawyer, right?

From what I gather, the motion for enforcement has to be submitted within a year after the payment deadline. Once that passes, the statute of limitations kicks in.

If you use a little elementary school math, the motion for enforcement should have been filed BY 2008 (we don't know the exact date), which begs the logical question: what exactly have our American legal institutions been doing from 2008 until now, assuming the motion actually was filed on time?

Honestly, it’s no wonder the government is such a mess when a single basic enforcement case drags on for six or seven years...

dustymarlin10 said:And you're a lawyer, right?

From what I gather, the motion for enforcement has to be submitted within a year after the payment deadline. Once that passes, the statute of limitations kicks in.

If you use a little elementary school math, the motion for enforcement should have been filed BY 2008 (we don't know the exact date), which begs the logical question: what exactly have our American legal institutions been doing from 2008 until now, assuming the motion actually was filed on time?

Honestly, it’s no wonder the government is such a mess when a single basic enforcement case drags on for six or seven years...

Personally, I’ve had a garnishment sitting with a notary since 2007... though the actual thing dates back to 2005 or 2006. And even now, they’re still just waiting. They haven't even frozen my account, so I guess interest isn't even accruing yet??????

dustymarlin10 said:And you're a lawyer, right?

From what I gather, the motion for enforcement has to be submitted within a year after the payment deadline. Once that passes, the statute of limitations kicks in.

If you use a little elementary school math, the motion for enforcement should have been filed BY 2008 (we don't know the exact date), which begs the logical question: what exactly have our American legal institutions been doing from 2008 until now, assuming the motion actually was filed on time?

Honestly, it’s no wonder the government is such a mess when a single basic enforcement case drags on for six or seven years...

Well, actually, he is right, and he made a good point. It isn't quite that simple, and it doesn't work quite the way you guys seem to think it does. Maybe you should just listen instead of talking nonsense.

John Clark6 said:Well, actually, he is right, and he made a good point. It isn't quite that simple, and it doesn't work quite the way you guys seem to think it does. Maybe you should just listen instead of talking nonsense.

Look, I don't see any reason for you to get all aggressive like that.

I provided perfectly accurate links that break down the issue, while making sure to note that the collection proposal was filed within a year of the invoice date.

So, who's actually talking nonsense here?

urbantiger53 said:And me, Hanžeković... did they just target you specifically, or what?

They haven't taken anything from me yet, but honestly, watching everything they do, I wouldn't be surprised if they tried. I don't really have any significant income, so I guess I'm not sure what they'd even go after. It would just seem like another shady move on their part...

They sent me a garnishment notice, which I contested, and then things just went quiet until I got a court summons for May 6th.

It involves four different accounts. Three of them are probably past the statute of limitations, but this fourth one isn't. The thing is, I wasn't even using their services back then, so I'm pretty confused about why that fourth account even exists...

Plus, I don't have any of my old statements. I usually toss everything out after a year, and now it sounds like that might actually become a bit of a headache...

Jerry Gray said:They haven't taken anything from me yet, but honestly, watching everything they do, I wouldn't be surprised if they tried. I don't really have any significant income, so I guess I'm not sure what they'd even go after. It would just seem like another shady move on their part...

They sent me a garnishment notice, which I contested, and then things just went quiet until I got a court summons for May 6th.

It involves four different accounts. Three of them are probably past the statute of limitations, but this fourth one isn't. The thing is, I wasn't even using their services back then, so I'm pretty confused about why that fourth account even exists...

Plus, I don't have any of my old statements. I usually toss everything out after a year, and now it sounds like that might actually become a bit of a headache...

Well, you shouldn't actually need those old statements if you're arguing based on the statute of limitations rather than claiming you already paid, right? I just hope you've double-checked your math on that expiration date (specifically looking for that JB stamp indicating when the decision was officially issued)—you definitely don't want any awkward looks at the hearing or to get hit with extra legal fees from the creditor for an extra appearance. And hey, don't sweat the lack of income too much; they can let that debt sit for years while interest and extra processing costs just keep piling up.

You really only need to hang onto the invoice if it serves as your official proof of payment.
If you handled everything through your online banking app, just printing out that transaction confirmation should be more than enough... the actual bill isn't strictly necessary.

I’m looking for some advice here. My husband is currently dealing with several wage garnishments. He reached an agreement with the IRS and has been making monthly payments as settled, but they've also been pulling his standard one-third allotment directly from his bank account. Starting March 1st, he’ll be working in Germany, which means his income will be deposited into an overseas account. I’m wondering if they have any way of accessing or seizing funds from an international account like that? Thanks for any insight.

wearyangler60 said:I’m looking for some advice here. My husband is currently dealing with several wage garnishments. He reached an agreement with the IRS and has been making monthly payments as settled, but they've also been pulling his standard one-third allotment directly from his bank account. Starting March 1st, he’ll be working in Germany, which means his income will be deposited into an overseas account. I’m wondering if they have any way of accessing or seizing funds from an international account like that? Thanks for any insight.

No... NOT 🙂

urbantiger53 said:Personally, I’ve had a garnishment sitting with a notary since 2007... though the actual thing dates back to 2005 or 2006. And even now, they’re still just waiting. They haven't even frozen my account, so I guess interest isn't even accruing yet??????

If you actually received the enforcement order—and if you did—how can you be sure it was even filed with the notary in the first place?

From what I understand, interest stops accruing on the day they serve you the order. To be fair, plenty of people try to stall just to let those interest rates stack up—usually because of some shady connections between creditors and legal officials—but I'm not entirely certain if interest keeps running after the debtor is officially served.

Look, if you really got that order in 2007, and it was actually filed with the notary that same year regarding a debt from 2005, then you missed your window to file a motion based on the statute of limitations. At this point, it's too late. 🤷

dustymarlin10 said:Look, I don't see any reason for you to get all aggressive like that.

I provided perfectly accurate links that break down the issue, while making sure to note that the collection proposal was filed within a year of the invoice date.

So, who's actually talking nonsense here?

Aren't you the first one here acting all high and mighty, telling everyone they're "spreading misinformation"?

I have a quick question, though I’m not entirely sure if this is the right forum for it. I currently have a garnishment through a collection agency regarding a loan that takes up a third of my paycheck. Now, my aunt in our accounting department tells me there’s a second garnishment being applied directly to my wages. Is it actually possible to be hit with two simultaneous garnishments? I genuinely want to settle my debts, but if they take money from both the agency and my direct pay, I won't even be able to cover the loan itself. That would just lead to another default and another legal headache. Thanks.

I haven't seen any posts from nvknk yet... perhaps they're just observing for now. kaže:
When exactly did you receive the enforcement order? And if you haven't actually seen it yet, how can you be so sure that anything has even been filed with the notary...

From what I understand, interest keeps accruing right up until the day you officially receive the notice... and honestly, that’s exactly how people play the system. They stall for as long as possible just to let those interest charges pile up. It feels like there's this shady little loop between certain local notary offices and the creditors to keep things moving in their favor. I'm not entirely sure, though, if the interest continues to stack up even after the official notice has been served to the debtor...

If you actually received that notice back in 2007, and if Chase Bank truly processed it during that same year, especially regarding a debt dating all the way back to 2005... then you missed your window to file an appeal based on the statute of limitations. At this stage, it's simply too late... 🤷
?

I didn’t miss any deadlines... The law firm that filed the suit against me is Hanzekovic & Associates—they handle both the legal side and the collections too. They actually handed me all those foreclosure documents when I initially went in to try and work out a settlement with them... Now, they’re just telling me that I should pay whatever amount I can manage...