Wage garnishments and collections

John Clark6 said: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.

Could someone please explain how I'm supposed to calculate the statute of limitations myself??🤷

For years, my mom had certain amounts being skimmed directly from her pension because she owed some cash to a big bank in New York City. My dad, my brother, and I were all in the loop on this, so when she passed, we went ahead and accepted the inheritance. The catch? She didn't actually own any real assets—the only thing she had was a right to use a 1/4 share of a family burial plot. Just two weeks after we settled everything, a letter arrives from the bank hitting the three of us with a massive bill for her outstanding debt. Since there wasn't any property to cover it, my brother and I ended up cutting a deal with the bank to settle the amount using the value of that 1/4 plot share. Honestly, we probably shouldn't have even had to pay it, considering the cemetery is city-owned and we just pay a "lease" fee, but we bit the bullet just to avoid a nasty legal battle.
This whole ordeal was a massive wake-up call that could have absolutely buried the three of us financially. I’m sharing this for anyone out there who isn't 100% sure about the financial mess their loved ones might be leaving behind. Sometimes, walking away from an inheritance is actually the smartest move you can make.
And seriously, hire a lawyer from the jump, no matter how much it feels like a rip-off upfront. It'll save your skin later.
Cheers

Ryan Lee2 said:For years, my mom had certain amounts being skimmed directly from her pension because she owed some cash to a big bank in New York City. My dad, my brother, and I were all in the loop on this, so when she passed, we went ahead and accepted the inheritance. The catch? She didn't actually own any real assets—the only thing she had was a right to use a 1/4 share of a family burial plot. Just two weeks after we settled everything, a letter arrives from the bank hitting the three of us with a massive bill for her outstanding debt. Since there wasn't any property to cover it, my brother and I ended up cutting a deal with the bank to settle the amount using the value of that 1/4 plot share. Honestly, we probably shouldn't have even had to pay it, considering the cemetery is city-owned and we just pay a "lease" fee, but we bit the bullet just to avoid a nasty legal battle.
This whole ordeal was a massive wake-up call that could have absolutely buried the three of us financially. I’m sharing this for anyone out there who isn't 100% sure about the financial mess their loved ones might be leaving behind. Sometimes, walking away from an inheritance is actually the smartest move you can make.
And seriously, hire a lawyer from the jump, no matter how much it feels like a rip-off upfront. It'll save your skin later.
Cheers

But wait, what's the catch here???... You should have only been liable up to the total value of the estate, so you shouldn't have had to cover the entire debt out of pocket. Plus, if the cemetery plot is yours, you're basically just paying a standard maintenance fee.

Please be respectful and provide an answer to my question. Much appreciated.

Carol Hernandez28 said:Please be respectful and provide an answer to my question. Much appreciated.

Oh, and honestly—I think I got a bit lost in all those other "brilliant" posts floating around here—but apparently, a garnishment can actually hit both your paycheck and your bank account. I guess the only real move you have is to set up a protected account through a government agency like the IRS or a similar federal entity, and then you might be able to redirect some of that leftover income from your wages into that specific account.

John Clark6 said: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.

I'm curious, when does the absolute statute of limitations kick in for everything? If I've got this straight, it's after 10 years, but I'm not totally sure if the clock starts from when the judgment becomes final or from the actual due date on the original bill?

urbantiger53 said: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...

It’s actually super straightforward: you just check the due date on the bill, which is usually right there on the invoice itself. Then, you look at the date when the local sheriff or process server actually received the formal request to serve that seizure notice. So, I'm not talking about when they physically showed up at your door, but rather the exact moment they officially received the paperwork—usually sent via mail from some lawyer's office—to start the whole enforcement process.

If more than a year has passed between those two dates, then the statute of limitations has kicked in and you're off the hook.

Your question is a little fuzzy, but look, speaking generally, you can dodge an enforcement order if
you just sit down with the creditor and hammer out a deal—and then actually stick to it.
Try to negotiate a plan where you can chip away at the debt with at least a small payment every single month.

That was a polite way of putting it, though you might want to try reaching an agreement with your creditor... Avoiding the issue is always seen as a bad look, and naturally, you end up being the villain in the eyes of whoever is coming after the funds, especially since it’s likely not their fault that you didn't fully grasp what you were signing or that circumstances took such a turn for the worse. That money didn't just materialize out of thin air; it belongs to someone, whether it's a person who lent it or a saver who placed it in a bank so the institution could lend it out to others.

If I've overlooked any specific detail, please forgive me, but people tend to forget how easily we lose sight of the fact that money has to originate from somewhere, and in almost every case, it comes from honest Americans who trusted a bank or a credit union to keep it safe.

copperrider59 said:It’s actually super straightforward: you just check the due date on the bill, which is usually right there on the invoice itself. Then, you look at the date when the local sheriff or process server actually received the formal request to serve that seizure notice. So, I'm not talking about when they physically showed up at your door, but rather the exact moment they officially received the paperwork—usually sent via mail from some lawyer's office—to start the whole enforcement process.

If more than a year has passed between those two dates, then the statute of limitations has kicked in and you're off the hook.

Thanks for the info... I don't even have the actual bills anymore, just these two collection notices sent over by the folks at Baker McKenzie. And since the legal officials involved are also tied to them, I'm starting to wonder if they missed something... how exactly does that absolute statute of limitations work again??

What’s the move here:

The debtor filed an objection against the notary's ruling—which, honestly, is totally justified since he's got a solid repayment plan already in place for this debt—but then the court immediately hits him with a bill for a $33 advance on court fees (and they did this before they even sent out the stay order?!). Look, everything seems fine on the surface, $33 will eventually pay one way or another if this actually makes it to a judge... but what happens if the creditor decides to just pull the plug and withdraw the attachment request? Then the debtor is stuck losing his $33 because he hasn't even stepped foot in the courtroom to demand them back, and from what I can gather, Article 43 of the civil procedure code says there's no right to a refund... So how is a debtor supposed to get his hands on those $33 court fees??

To make things even more ridiculous, the total amount being chased is only $25.

Thanks for any insight!

I need help ASAP! Please!

I've got two account freezes stopping me from accessing my student loan to pay my tuition.
Both blocks are from Verizon. The first one is for a subscription way back in 2008, and they didn't start the collection process until 2011. The second one is for Verizon internet from 2009. Can I actually claim statute of limitations on either of these? I read somewhere that if no collection action happens within a year of the last bill, it expires. I called the law firm representing them and they told me to contact the IRS, but then the IRS just sent me right back to the lawyers. What am I supposed to do??

Kyle Sanchez59 said:I need help ASAP! Please!

I've got two account freezes stopping me from accessing my student loan to pay my tuition.
Both blocks are from Verizon. The first one is for a subscription way back in 2008, and they didn't start the collection process until 2011. The second one is for Verizon internet from 2009. Can I actually claim statute of limitations on either of these? I read somewhere that if no collection action happens within a year of the last bill, it expires. I called the law firm representing them and they told me to contact the IRS, but then the IRS just sent me right back to the lawyers. What am I supposed to do??

Unfortunately, you can't—since those judgments have already become legally binding, the statute of limitations is now ten years... and even that can be extended further.

Jesse Mendoza60 said:What’s the move here:

The debtor filed an objection against the notary's ruling—which, honestly, is totally justified since he's got a solid repayment plan already in place for this debt—but then the court immediately hits him with a bill for a $33 advance on court fees (and they did this before they even sent out the stay order?!). Look, everything seems fine on the surface, $33 will eventually pay one way or another if this actually makes it to a judge... but what happens if the creditor decides to just pull the plug and withdraw the attachment request? Then the debtor is stuck losing his $33 because he hasn't even stepped foot in the courtroom to demand them back, and from what I can gather, Article 43 of the civil procedure code says there's no right to a refund... So how is a debtor supposed to get his hands on those $33 court fees??

To make things even more ridiculous, the total amount being chased is only $25.

Thanks for any insight!

Well, if you ask me, the creditor really ought to be the one footing your costs, seeing as they’re the ones who caused this unnecessary mess in the first place. Also, if the request gets withdrawn or if you win the case later on, you should definitely try to claim those costs from them if the court doesn't award them to you automatically.

Hey everyone!
So, here’s my situation: about a year or so ago, I signed an agreement with JPMorgan Chase and picked up one of those student American Express cards. Everything was going smoothly until the end of 2013 when I ran out of cash and ended up owing them about $500. They started calling me, and honestly, I just stopped picking up because I simply didn't have the money to pay them back—at least not until May when I start my seasonal job. Well, I just got a notice from JPMorgan Chase today saying that the debt has been transferred over to Solvent, and they’ll be reaching out to me soon. What should I actually expect from this? I’d much rather just borrow some money and settle the balance right away (which I’ll probably do), but I have no idea which account to send it to, so I guess I'm stuck waiting for their call. I'm planning to head down to JPMorgan Chase tomorrow to see if they can clear up what's happening. Has anyone else gone through something similar?

Ethan Gonzalez69 said:Hey everyone!
So, here’s my situation: about a year or so ago, I signed an agreement with JPMorgan Chase and picked up one of those student American Express cards. Everything was going smoothly until the end of 2013 when I ran out of cash and ended up owing them about $500. They started calling me, and honestly, I just stopped picking up because I simply didn't have the money to pay them back—at least not until May when I start my seasonal job. Well, I just got a notice from JPMorgan Chase today saying that the debt has been transferred over to Solvent, and they’ll be reaching out to me soon. What should I actually expect from this? I’d much rather just borrow some money and settle the balance right away (which I’ll probably do), but I have no idea which account to send it to, so I guess I'm stuck waiting for their call. I'm planning to head down to JPMorgan Chase tomorrow to see if they can clear up what's happening. Has anyone else gone through something similar?

I mean, why on earth are you asking stuff like this here when you could put that same energy into just calling JPMorgan Chase to get an actual answer...😕

Ethan Gonzalez69 said:Hey everyone!
So, here’s my situation: about a year or so ago, I signed an agreement with JPMorgan Chase and picked up one of those student American Express cards. Everything was going smoothly until the end of 2013 when I ran out of cash and ended up owing them about $500. They started calling me, and honestly, I just stopped picking up because I simply didn't have the money to pay them back—at least not until May when I start my seasonal job. Well, I just got a notice from JPMorgan Chase today saying that the debt has been transferred over to Solvent, and they’ll be reaching out to me soon. What should I actually expect from this? I’d much rather just borrow some money and settle the balance right away (which I’ll probably do), but I have no idea which account to send it to, so I guess I'm stuck waiting for their call. I'm planning to head down to JPMorgan Chase tomorrow to see if they can clear up what's happening. Has anyone else gone through something similar?

Basically, here is what went down: JPMorgan Chase sold your debt to Deloitte, so now they're the ones trying to collect from you. Honestly, I wouldn't bother going to JPMorgan Chase—you might end up looking a little silly since they aren't really involved anymore. Your best bet is probably to just call Deloitte directly and settle up before they start any legal proceedings, otherwise, you'll likely end up stuck paying extra attorney fees too.

John Clark6, is it actually possible for them to go after my home if I owe money to AT&T?

John Clark6 said:Basically, here is what went down: JPMorgan Chase sold your debt to Deloitte, so now they're the ones trying to collect from you. Honestly, I wouldn't bother going to JPMorgan Chase—you might end up looking a little silly since they aren't really involved anymore. Your best bet is probably to just call Deloitte directly and settle up before they start any legal proceedings, otherwise, you'll likely end up stuck paying extra attorney fees too.

Heh, so I actually gave Prima Solvent a ring yesterday! After being bounced around through two different transfers, I finally got a woman on the line. I explained the whole situation and gave her my basic info, but get this—she couldn't find me in their system at all! It’s like I don't even exist to them, which is pretty wild considering it's only been three days since JPMorgan Chase handed over the debt (at least, that's the date printed on the letter they sent me). So, I just left her my cell number and now I'm just sitting back and waiting for them to give me a call...

Ethan Gonzalez69 said:Heh, so I actually gave Prima Solvent a ring yesterday! After being bounced around through two different transfers, I finally got a woman on the line. I explained the whole situation and gave her my basic info, but get this—she couldn't find me in their system at all! It’s like I don't even exist to them, which is pretty wild considering it's only been three days since JPMorgan Chase handed over the debt (at least, that's the date printed on the letter they sent me). So, I just left her my cell number and now I'm just sitting back and waiting for them to give me a call...

Bottom line? Don't pay a dime until you know exactly who you owe.
Get everything in writing. Seriously. Go straight to JPMorgan Chase and demand a formal confirmation stating that, as of today, you have zero balance left on that specific card. As for this other company? I'd suggest getting the same kind of paperwork from them too. Here's the deal: that firm doesn't actually want you to settle up immediately. They want to drag the debt out for as long as possible. Just go directly to their office and demand the documents.