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Wage garnishments and collections

Started by Douglas Morgan3 · · 👁 10 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 …
Roger Lee9 Roger Lee9 Newcomer
5 messages
joined Feb 2013
#81 ·
There isn't even a formal decision
there’s no actual right to file an appeal
it just says "writ of execution" or whatever... I don't have the paperwork right in front of me at this second

I mean, how can they even attempt a forced seizure when we haven't even seen the initial ruling or any of those warning notices?
How on earth are they sending all this junk to our old address?
Even this latest notice—which we only found out about by sheer luck
they definitely have our new address on file, because apparently, the bank—well, let's just say the people who actually matter—have been getting their payments processed without a hitch since 2004
So yeah, that's just how it goes...
What happens now?
Who am I supposed to reach out to about this?
fadedskipper14 fadedskipper14 Newcomer
2 messages
joined Feb 2013
#82 ·
Hi everyone, I’m looking for some input here because I’m completely lost on this one...
Yesterday, I was served with a writ of execution. It's regarding two unpaid bills for my PBS subscription dating back to early 2004, with the actual writ issued by the local court in Washington, D.C., back in September 2005.
I don't have any records of those payments from that long ago (I've moved twice since then). My understanding is they had a year to serve me the decision back in 2006... yet here it is now. What should my next move be?
Does anyone here know how to properly file an objection or an appeal based on the statute of limitations?
John Clark6 John Clark6 Regular
290 messages
joined Jun 2011
#83 ·
Roger Lee9 said:There isn't even a formal decision
there’s no actual right to file an appeal
it just says "writ of execution" or whatever... I don't have the paperwork right in front of me at this second

I mean, how can they even attempt a forced seizure when we haven't even seen the initial ruling or any of those warning notices?
How on earth are they sending all this junk to our old address?
Even this latest notice—which we only found out about by sheer luck
they definitely have our new address on file, because apparently, the bank—well, let's just say the people who actually matter—have been getting their payments processed without a hitch since 2004
So yeah, that's just how it goes...
What happens now?
Who am I supposed to reach out to about this?

You write such a long message, yet you haven't actually said anything! Based on your "very thorough" explanation, it sounds like you guys just received a warning notice... honestly, maybe try reading that paper you received one more time?
Roger Lee9 Roger Lee9 Newcomer
5 messages
joined Feb 2013
#84 ·
I promise I’m going to write everything out—I just need to track down this specific document later today. I don't live with my parents anymore, but I really want to help them sort this through,

But here is the part that’s really bothering me,

"The statute of limitations for an NBC subscription is one year. This means if you haven't paid a bill within a year of its due date, and no legal action was filed during that timeframe, those bills are considered expired."

So, if my parents have been paying their subscription consistently from 2004 all the way up to now, does that mean they aren't eligible to claim any unpaid bills or interest from back in 2003? Since they've been staying current with everything...

And also, would that interest be calculated from 2003 through 2013, or just from 2003 until they started paying regularly in 2004?

Honestly, the worry is driving me crazy... 😢
John Clark6 John Clark6 Regular
290 messages
joined Jun 2011
#85 ·
You can find discussions about this exact issue at least a hundred times over in this thread—it’s practically a staple here! I guess it might seem like a year is a long time, but they are incredibly diligent about managing the statute of limitations. In the US, a notary public or a legal official will very regularly accept a motion for garnishment within that one-year window to effectively reset the clock. As for the interest, that's calculated from the actual due date—so we're looking at roughly 2003 all the way through to the payout around 2013. Honestly, maybe you should take a quick look at what you actually received first, just so we aren't all talking in circles without the facts.
Michelle Parker54 Michelle Parker54 Newcomer
4 messages
joined Feb 2013
#86 ·
Rebecca White4 said: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! 🙂


First off, thanks for the response 🙂
The debt is with Avon... I'm not entirely sure how many years pass before the statute of limitations hits here—are you certain it's five?
And can I really dispute this with a simple written notice citing the statute of limitations? Apparently, no formal legal proceedings have started, but Avon passed the debt over to this collection agency. Now, I'm wondering if the date they handed it off counts as a "new" start date for the debt period. If that's the case, the five-year window might not have expired yet...
Michelle Parker54 Michelle Parker54 Newcomer
4 messages
joined Feb 2013
#87 ·
John Clark6 said: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 🙂?


Thanks for the input 🙂
The interest rate isn't listed anywhere; they just baked everything into that lump sum of $200—clearly, since there's zero mention of the base amount or the interest rates.
What about the statute of limitations? Is that a viable move? I was told once that I could use it, but I don't want to play games with the legal system... over the last few months, these collections have pushed me right to the edge of financial ruin 🙂🙂
John Clark6 John Clark6 Regular
290 messages
joined Jun 2011
#88 ·
Michelle Parker54 said:Thanks for the input 🙂
The interest rate isn't listed anywhere; they just baked everything into that lump sum of $200—clearly, since there's zero mention of the base amount or the interest rates.
What about the statute of limitations? Is that a viable move? I was told once that I could use it, but I don't want to play games with the legal system... over the last few months, these collections have pushed me right to the edge of financial ruin 🙂🙂

So, has the legal collection process actually been initiated yet? Generally speaking, the statute of limitations is five years. If they haven't officially started the legal proceedings, you might be able to try invoking the statute of limitations right away—though, to be fair, they might just ignore you initially. If that happens, they'll eventually issue a formal judgment, and then you'd likely have to file a formal objection based on the statute of limitations, where they'll look at the original due date of the bill to determine when that clock started ticking. Just make sure your mailing address is properly updated with the authorities so you don't miss anything important due to some technicality...
Michelle Parker54 Michelle Parker54 Newcomer
4 messages
joined Feb 2013
#89 ·
John Clark6 said:So, has the legal collection process actually been initiated yet? Generally speaking, the statute of limitations is five years. If they haven't officially started the legal proceedings, you might be able to try invoking the statute of limitations right away—though, to be fair, they might just ignore you initially. If that happens, they'll eventually issue a formal judgment, and then you'd likely have to file a formal objection based on the statute of limitations, where they'll look at the original due date of the bill to determine when that clock started ticking. Just make sure your mailing address is properly updated with the authorities so you don't miss anything important due to some technicality...


I'm going to whip up a formal letter today and send it via email and certified mail. I'll demand a response—and if I don't hear back within a week, I'll be calling them. I have their number. 😁
My official address is listed at my mom's place, but I haven't lived there in years. I'm renting, and it's a massive headache constantly updating my documents every time I move. In what specific way do you think my registered address could cause issues?
John Clark6 John Clark6 Regular
290 messages
joined Jun 2011
#90 ·
Michelle Parker54 said:I'm going to whip up a formal letter today and send it via email and certified mail. I'll demand a response—and if I don't hear back within a week, I'll be calling them. I have their number. 😁
My official address is listed at my mom's place, but I haven't lived there in years. I'm renting, and it's a massive headache constantly updating my documents every time I move. In what specific way do you think my registered address could cause issues?

Well, mainly when it comes to service of process. If they initiate a legal judgment against you and you never receive the notice because it gets posted on the courthouse bulletin board instead, you might end up missing the deadline to file an appeal. Once that happens, the judgment becomes final, and then—well, then you're in a really tough spot regarding statutes of limitations and everything else.
fadedskipper14 fadedskipper14 Newcomer
2 messages
joined Feb 2013
#91 ·
I NEED HELP. I have an enforcement order from a local county court (dated September 15, 2005) issued by Hanžeković et al. (not a notary, despite what everyone claims it should be) regarding two outstanding ABC subscription bills from 2004. ABC initiated the collection process right before the statute of limitations expired (the debt spanned January 31, 2004, to January 31, 2005).
I didn't even see anything related to this case until February 4, 2013—specifically that 2005 order. Is there any way to handle this without paying those massive interest charges on a debt I was never even aware existed?
Maria Barrett4 Maria Barrett4 Newcomer
1 message
joined Feb 2013
#92 ·
I am reaching out to ask for some serious help here. We are living through such a brutal economic crisis, and frankly, the things happening around us are stomach-turning. Human stupidity has reached a point where they are actually picking pockets of ordinary people.

Here is the situation: back in May 2011, we switched our service from AT&T over to Verizon. Despite leaving them, AT&T had the audacity to send us a bill for $67 covering June of that same year—even though we hadn't been their customers for an entire month.
Fast forward nearly two years later, and now my husband’s Social Security benefits have been frozen for $600. The reason given? This supposed debt to AT&T regarding those $67 plus legal fees that conveniently equal the exact amount of his monthly check.

Like anyone else, we don't have a paper trail for a bill from two years ago, so we can't prove anything. But more importantly, they didn't even send us a warning! This all happened completely out of the blue.
No notice, no warning, just a charge for services we never even used during that month.

Does anyone know how we can fix this mess? Has anyone dealt with something similar? We desperately need your advice!!! Thank you so much.
feralhawk30 feralhawk30 Newcomer
1 message
joined Feb 2013
#93 ·
Hey everyone. I could really use some expert advice here because every single branch of Chase tells me something different. Here’s the situation: I’ve had this old debt hanging over my head for ten years, and I had no idea it would balloon up to $8333. Yesterday, they wiped out my entire paycheck because I didn't set up a protected account in time. So yeah, my account is frozen. I asked the bank if I could just take out an unsecured personal loan for the full amount to settle everything at once and just pay them back in monthly installments. A woman at Chase told me that’s impossible because my account is blocked—she claims they can't deposit the cash into my account, nor can they hand it to me in person. Now, that part makes zero sense to me. Is it actually in their interest to keep milking me for interest instead of letting me clear it, or is this just incompetence? If Wells Fargo approved the loan, they could just automatically pull the funds from my account to settle the debt; I don't see where the bottleneck is. Do I have to open a protected account first so Chase can deposit the cash, which Wells Fargo then uses to pay off the balance, or how does this even work? Honestly, I'm losing my mind dealing with these tellers; I feel like I learn nothing useful. Every branch gives me a different story. I’m heading to a different branch tomorrow because clearly, the people at this one don't understand what I'm talking about. Thanks!
hollowmason64 hollowmason64 Regular
411 messages
joined Jan 2016
#94 ·
feralhawk30 said:Hey everyone. I could really use some expert advice here because every single branch of Chase tells me something different. Here’s the situation: I’ve had this old debt hanging over my head for ten years, and I had no idea it would balloon up to $8333. Yesterday, they wiped out my entire paycheck because I didn't set up a protected account in time. So yeah, my account is frozen. I asked the bank if I could just take out an unsecured personal loan for the full amount to settle everything at once and just pay them back in monthly installments. A woman at Chase told me that’s impossible because my account is blocked—she claims they can't deposit the cash into my account, nor can they hand it to me in person. Now, that part makes zero sense to me. Is it actually in their interest to keep milking me for interest instead of letting me clear it, or is this just incompetence? If Wells Fargo approved the loan, they could just automatically pull the funds from my account to settle the debt; I don't see where the bottleneck is. Do I have to open a protected account first so Chase can deposit the cash, which Wells Fargo then uses to pay off the balance, or how does this even work? Honestly, I'm losing my mind dealing with these tellers; I feel like I learn nothing useful. Every branch gives me a different story. I’m heading to a different branch tomorrow because clearly, the people at this one don't understand what I'm talking about. Thanks!

JPMorgan Chase does have programs available for providing loans specifically intended to settle debts resulting from collections.
John Clark6 John Clark6 Regular
290 messages
joined Jun 2011
#95 ·
Maria Barrett4 said:I am reaching out to ask for some serious help here. We are living through such a brutal economic crisis, and frankly, the things happening around us are stomach-turning. Human stupidity has reached a point where they are actually picking pockets of ordinary people.

Here is the situation: back in May 2011, we switched our service from AT&T over to Verizon. Despite leaving them, AT&T had the audacity to send us a bill for $67 covering June of that same year—even though we hadn't been their customers for an entire month.
Fast forward nearly two years later, and now my husband’s Social Security benefits have been frozen for $600. The reason given? This supposed debt to AT&T regarding those $67 plus legal fees that conveniently equal the exact amount of his monthly check.

Like anyone else, we don't have a paper trail for a bill from two years ago, so we can't prove anything. But more importantly, they didn't even send us a warning! This all happened completely out of the blue.
No notice, no warning, just a charge for services we never even used during that month.

Does anyone know how we can fix this mess? Has anyone dealt with something similar? We desperately need your advice!!! Thank you so much.

To summarize, it sounds like you received a bill for $67 and decided to just let it slide, right? Did you ever send a written dispute or take any steps at all to challenge that $67? Since they've actually gone after the funds, it means the judgment has become legally binding—which implies no formal appeal was filed against the collection order. At this stage, there isn't much left to do except pay the debt. And, unfortunately, they aren't legally required to send you a warning notice first.
Eric Lee7 Eric Lee7 Newcomer
4 messages
joined Feb 2013
#96 ·
Hey everyone—I’m in a bit of a bind and could really use some quick insight regarding the legal regulations in effect from 2007 through January 1st, 2011, specifically concerning loan repayment limits. See, I’ve got this situation where my bank basically wiped out my entire Social Security check. This happened even though I have a protected account set up specifically to receive two-thirds of my benefits—which is supposed to be off-limits! They’re claiming they can pull funds from that specific account because the loan dates all the way back to 2007. Has anyone dealt with this kind of thing before? Any advice would be hugely appreciated!
Jesse Mendoza60 Jesse Mendoza60 Member
16 messages
joined Jan 2013
#97 ·
Eric Lee7 said:Hey everyone—I’m in a bit of a bind and could really use some quick insight regarding the legal regulations in effect from 2007 through January 1st, 2011, specifically concerning loan repayment limits. See, I’ve got this situation where my bank basically wiped out my entire Social Security check. This happened even though I have a protected account set up specifically to receive two-thirds of my benefits—which is supposed to be off-limits! They’re claiming they can pull funds from that specific account because the loan dates all the way back to 2007. Has anyone dealt with this kind of thing before? Any advice would be hugely appreciated!


Man, unfortunately, it’s totally possible if you actually signed those papers allowing them to garnish more than a third of your paycheck. Back in those days, the standard practice was that people would just sign away their whole salary just to get the loan approved in the first place... It was a mess. I'm honestly not sure if there's anything you can even do about it, since the newer consumer protection laws usually don't apply retroactively to old contracts like yours... it's just one of those things where the system finds a way to squeeze you...
ruggedmaker2 ruggedmaker2 Regular
469 messages
joined Mar 2018
#98 ·
They can actually snatch more than a third of your paycheck or even the whole damn thing if:
- you signed some paperwork notarized before the Uniform Enforcement Act kicked in back in mid-2008.
- the wording in that document makes it crystal clear—like, it explicitly says you agree to let them take your entire salary or anything over that one-third threshold.

I’m guessing you signed some fine print like that before that date rolled around, basically giving them the green light to take everything.
neondriver16 neondriver16 Newcomer
1 message
joined Feb 2013
#99 ·
Hey there,
Parents should really start getting some cash from their son living abroad to help cover the bills.
The thing is, both parents are currently in debt to the banks, so the big question is whether the bank can just swoop in and grab that money—basically, can they garnish those funds?
Thanks,
P.S. Apparently, they need to open a US foreign currency account first.
Jesse Mendoza60 Jesse Mendoza60 Member
16 messages
joined Jan 2013
#100 ·
neondriver16 said:Hey there,
Parents should really start getting some cash from their son living abroad to help cover the bills.
The thing is, both parents are currently in debt to the banks, so the big question is whether the bank can just swoop in and grab that money—basically, can they garnish those funds?
Thanks,
P.S. Apparently, they need to open a US foreign currency account first.

The whole "some kind of debtors to banks" thing is a bit vague, isn't it?...

But look, if they're already caught up in legal collection proceedings or have their accounts frozen by some federal agency or debt collector, then yeah, that money is likely getting rerouted straight to the creditor...

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