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Wage garnishments and collections

Started by Douglas Morgan3 · · 👁 106 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 …
Richard Brown78 Richard Brown78 Newcomer
5 messages
joined Aug 2021
#1021 ·
Hey there.
So, I just got this warning notice in the mail from some debt collection agency working for Verizon... basically they’re breathing down my neck about an old bill. They’re claiming I only have a few days to pay before they start some legal "forced collection" nonsense... blah blah blah. Honestly, the debt is from back in January... it's mostly just some contract termination fees and mobile service charges, maybe around 6 $0.00 bucks total. Anyway, here's the thing: I’m expecting an unemployment check to hit my account in a couple of days. Can these guys just swoop in and grab those funds the second they land? And how long do they actually have to come after me for this? What should I even do...?
John Clark6 John Clark6 Regular
290 messages
joined Jun 2011
#1022 ·
Richard Brown78 said:Hey there.
So, I just got this warning notice in the mail from some debt collection agency working for Verizon... basically they’re breathing down my neck about an old bill. They’re claiming I only have a few days to pay before they start some legal "forced collection" nonsense... blah blah blah. Honestly, the debt is from back in January... it's mostly just some contract termination fees and mobile service charges, maybe around 6 $0.00 bucks total. Anyway, here's the thing: I’m expecting an unemployment check to hit my account in a couple of days. Can these guys just swoop in and grab those funds the second they land? And how long do they actually have to come after me for this? What should I even do...?

Oh, you young people...
Michael Davis13 Michael Davis13 Member
13 messages
joined Jun 2014
#1023 ·
Richard Brown78 said:Hey there.
So, I just got this warning notice in the mail from some debt collection agency working for Verizon... basically they’re breathing down my neck about an old bill. They’re claiming I only have a few days to pay before they start some legal "forced collection" nonsense... blah blah blah. Honestly, the debt is from back in January... it's mostly just some contract termination fees and mobile service charges, maybe around 6 $0.00 bucks total. Anyway, here's the thing: I’m expecting an unemployment check to hit my account in a couple of days. Can these guys just swoop in and grab those funds the second they land? And how long do they actually have to come after me for this? What should I even do...?

No. From what I know, you can set up a specific protected account where you receive your unemployment checks so they can't touch that money during a garnishment.
Jeffrey Long Jeffrey Long Active Member
91 messages
joined Apr 2016
#1024 ·
So, here’s the situation: we just received an enforcement proposal from our local waste management company. The notary's decision was actually finalized back in 2008. Given that there is a one-year statute of limitations on claims for municipal services, I have a specific question regarding how the interruption of that period is calculated. Does the clock reset based on the date of the notary's decision, or does it start from the date the enforcement proposal was officially filed? According to the proposal, it states that the "proposal was made based on credible documents dated 12/27/2007."

I’m asking because if the calculation starts from the filing date, then four of the bills are technically past the statute of limitations. However, if it counts from that 12/27 date, then only three would be expired. 🤔

Thanks for any insight.
loneviper8 loneviper8 Newcomer
1 message
joined Jun 2014
#1025 ·
Hey there

I'm running into some trouble here and could really use a hand

It’s about a motion for enforcement based on a promissory note..

Basically, the local court in San Diego received the filing back on November 4, 2004, and they actually signed off on the enforcement order on November 18, 2004.

And then I just get hit with this yesterday?

I'd appreciate any advice or suggestions you guys might have

I already called up AT&T and they're claiming the debt is over $1,500, even though the enforcement motion says it's only $125, so now I've got to sit down with my lawyer to figure out the rest of this mess

Once you factor in interest, we're looking at $330, $12

http://imageshack.com/a/img850/3171/zbm5.jpg
http://imageshack.com/a/img856/9554/kq4t.jpg
http://imageshack.com/a/img819/8853/uwuna.jpg

Please, someone help me out
John Clark6 John Clark6 Regular
290 messages
joined Jun 2011
#1026 ·
loneviper8 said:Hey there

I'm running into some trouble here and could really use a hand

It’s about a motion for enforcement based on a promissory note..

Basically, the local court in San Diego received the filing back on November 4, 2004, and they actually signed off on the enforcement order on November 18, 2004.

And then I just get hit with this yesterday?

I'd appreciate any advice or suggestions you guys might have

I already called up AT&T and they're claiming the debt is over $1,500, even though the enforcement motion says it's only $125, so now I've got to sit down with my lawyer to figure out the rest of this mess

Once you factor in interest, we're looking at $330, $12

http://imageshack.com/a/img850/3171/zbm5.jpg
http://imageshack.com/a/img856/9554/kq4t.jpg
http://imageshack.com/a/img819/8853/uwuna.jpg

Please, someone help me out

I'd suggest finding a more seasoned attorney to draft a formal objection for you—you could challenge the delay in receiving the notice, or even the lack of specificity in the garnishment itself. For instance, the motion should ideally be very clear about what exactly is being targeted, whether it's a specific bank account, real estate, or wages, rather than just being a vague "everything" approach. Addressing those details might actually help lower your potential legal costs. Since the total cost of the proceedings is usually tied to the final amount owed, the more effectively you contest the amount, the less you might end up paying in fees.

P.S. If this truly is the first time you're hearing about this order after all that time, then whoever handled this must be a real heavyweight gladiator.
Brandon Hill8 Brandon Hill8 Active Member
57 messages
joined Apr 2011
#1027 ·
Jeffrey Long said:So, here’s the situation: we just received an enforcement proposal from our local waste management company. The notary's decision was actually finalized back in 2008. Given that there is a one-year statute of limitations on claims for municipal services, I have a specific question regarding how the interruption of that period is calculated. Does the clock reset based on the date of the notary's decision, or does it start from the date the enforcement proposal was officially filed? According to the proposal, it states that the "proposal was made based on credible documents dated 12/27/2007."

I’m asking because if the calculation starts from the filing date, then four of the bills are technically past the statute of limitations. However, if it counts from that 12/27 date, then only three would be expired. 🤔

Thanks for any insight.

The statute of limitations starts running from the day the obligation becomes due. That means you look at the dates on those official documents. If the motion for execution was filed for obligations that became due within a year of that filing, then colloquially speaking, nothing has expired. The only thing that isn't clear is this 2008 writ of execution. Can you clarify that part a bit?
Brandon Hill8 Brandon Hill8 Active Member
57 messages
joined Apr 2011
#1028 ·
John Clark6 said:I'd suggest finding a more seasoned attorney to draft a formal objection for you—you could challenge the delay in receiving the notice, or even the lack of specificity in the garnishment itself. For instance, the motion should ideally be very clear about what exactly is being targeted, whether it's a specific bank account, real estate, or wages, rather than just being a vague "everything" approach. Addressing those details might actually help lower your potential legal costs. Since the total cost of the proceedings is usually tied to the final amount owed, the more effectively you contest the amount, the less you might end up paying in fees.

P.S. If this truly is the first time you're hearing about this order after all that time, then whoever handled this must be a real heavyweight gladiator.

It’s not "everything," from what I can see, it is specifically defined. Plus, the motion for execution includes all the specific enforcement actions that actually need to be taken.
Brandon Hill8 Brandon Hill8 Active Member
57 messages
joined Apr 2011
#1029 ·
loneviper8 said:Hey there

I'm running into some trouble here and could really use a hand

It’s about a motion for enforcement based on a promissory note..

Basically, the local court in San Diego received the filing back on November 4, 2004, and they actually signed off on the enforcement order on November 18, 2004.

And then I just get hit with this yesterday?

I'd appreciate any advice or suggestions you guys might have

I already called up AT&T and they're claiming the debt is over $1,500, even though the enforcement motion says it's only $125, so now I've got to sit down with my lawyer to figure out the rest of this mess

Once you factor in interest, we're looking at $330, $12

http://imageshack.com/a/img850/3171/zbm5.jpg
http://imageshack.com/a/img856/9554/kq4t.jpg
http://imageshack.com/a/img819/8853/uwuna.jpg

Please, someone help me out

Get yourself a lawyer.
Jeffrey Long Jeffrey Long Active Member
91 messages
joined Apr 2016
#1030 ·
Brandon Hill8 said:The statute of limitations starts running from the day the obligation becomes due. That means you look at the dates on those official documents. If the motion for execution was filed for obligations that became due within a year of that filing, then colloquially speaking, nothing has expired. The only thing that isn't clear is this 2008 writ of execution. Can you clarify that part a bit?


The notary public submitted the motion for execution on January 18, 2008 (though it only reached me yesterday 🙄). The core issue is that looking at this specific motion, I can't tell exactly when it was officially filed, which makes it impossible to determine if three or four of these bills have already hit the statute of limitations window.
Brandon Hill8 Brandon Hill8 Active Member
57 messages
joined Apr 2011
#1031 ·
Jeffrey Long said:The notary public submitted the motion for execution on January 18, 2008 (though it only reached me yesterday 🙄). The core issue is that looking at this specific motion, I can't tell exactly when it was officially filed, which makes it impossible to determine if three or four of these bills have already hit the statute of limitations window.

Wait, how did you even receive it?

The motion for execution has the notary's official stamp showing exactly when it was filed. If you look at the certified documents attached to the motion, the due dates for all those obligations are right there. Basically, any due date that is more than a year older than the date the motion was filed is technically expired.
Jacob Reed5 Jacob Reed5 Newcomer
4 messages
joined Jun 2014
#1032 ·
Hey there! I need some advice regarding a bunch of questions about a ridiculous amount of money. It’s pretty complicated... 🙂🙂

So, my dad missed one water bill back in 2003. A pipe burst right in front of our building, and at first, the HOA representative told everyone not to pay because it wasn't actual usage, but then later he changed his tune and said the water company was demanding payment. So, it wasn't paid. In 2005, a 2008 writ of execution shows up under both my mom and dad's names—since they were both on the account—for the unpaid balance from all of 2003. By 2006, a motion for execution comes through that splits the proceedings, separating my dad's case from my mom's. (I don't know if anything happened between then and now; documents went missing, and maybe my dad filed an appeal or something). After that, it was just a cycle of court dates, rulings, appeals, more rulings, more appeals... finally, a ruling was handed down in 2013, where the payment receipts apparently proved everything was settled except for $117. That ruling states he owes $117 + $23 in court costs plus fees of about $6.75. But elsewhere, it totals $217 as the amount due. Nowhere does it say how or to whom this should be paid, and no invoice was ever sent. My mom isn't even being notified about any of this. Then, around 2012 (?), a writ of execution for $117 arrives in her name from the water company, without any instructions on what to do next.

Yesterday, a woman shows up at our door claiming to be a process server/bailiff. Mom was in the shower, so I told her to wait outside so we could talk, but the woman insisted on coming inside. Mom came out and asked what was going on, but the woman refused to explain and just wanted to get in to inventory our belongings. I asked if she had documentation proving she was a bailiff and who she was, but she refused to show anything. I asked if she had a document authorizing her to inventory our things, and again, she refused to show it. I asked which law gives her the right to enter a home without official documentation or a warrant, and she just snapped back asking if I was a lawyer. Since I'm not, I just stayed quiet because I didn't have an answer. My dad asked her where she went to law school, and she basically said she didn't even finish college (so much for a meaningful conversation...). We refused to let her in after she threatened to come back with the police to bash the door down because we wouldn't let her inventory the house. She left a paper saying we weren't home and that they'd just force their way in next time. I searched the court website for the name she gave, but couldn't find any record of her as a bailiff.

Questions—
How can I find out if my dad actually paid that debt at the courthouse?
If they split the files, is it possible to collect two separate debts from two people when there was only ever one single debt?
Can we request to see her specific case file?
Shouldn't she have been summoned to court at some point too?
Can we contest her ruling by using his, since the total debt is only $117, which was what they ordered him to pay?
Who is responsible for paying if he hasn't? Is it Mom, Dad, or both?
If they both pay, should they request a refund and a reversal of the judgment?
An attorney is definitely going to cost way more than the $217 required by Dad's ruling, and certainly more than the $350 mentioned in the writ.

And did that woman follow proper procedure?
If I want to file a formal complaint against her because she was so rude, who do I send it to?
Is she legally required to show documentation proving her identity? I mean, a cop has to show a badge if I ask, and I can verify them by calling the precinct. Could this have been a scammer? I highly doubt the law requires absolute blind faith in a bailiff's word to the point where they don't have to show official ID or even a driver's license upon request.

Anyway, I would have paid that $117 a long time ago if anyone had just told us how and where. But I am not paying twice, and I honestly can't deal with... anyone who thinks basic decency doesn't apply just because they work for the state.

Thanks!
rowdyraven112 rowdyraven112 Active Member
248 messages
joined Jun 2024
#1033 ·
Jacob Reed5 said:Hey there! I need some advice regarding a bunch of questions about a ridiculous amount of money. It’s pretty complicated... 🙂🙂

So, my dad missed one water bill back in 2003. A pipe burst right in front of our building, and at first, the HOA representative told everyone not to pay because it wasn't actual usage, but then later he changed his tune and said the water company was demanding payment. So, it wasn't paid. In 2005, a 2008 writ of execution shows up under both my mom and dad's names—since they were both on the account—for the unpaid balance from all of 2003. By 2006, a motion for execution comes through that splits the proceedings, separating my dad's case from my mom's. (I don't know if anything happened between then and now; documents went missing, and maybe my dad filed an appeal or something). After that, it was just a cycle of court dates, rulings, appeals, more rulings, more appeals... finally, a ruling was handed down in 2013, where the payment receipts apparently proved everything was settled except for $117. That ruling states he owes $117 + $23 in court costs plus fees of about $6.75. But elsewhere, it totals $217 as the amount due. Nowhere does it say how or to whom this should be paid, and no invoice was ever sent. My mom isn't even being notified about any of this. Then, around 2012 (?), a writ of execution for $117 arrives in her name from the water company, without any instructions on what to do next.

Yesterday, a woman shows up at our door claiming to be a process server/bailiff. Mom was in the shower, so I told her to wait outside so we could talk, but the woman insisted on coming inside. Mom came out and asked what was going on, but the woman refused to explain and just wanted to get in to inventory our belongings. I asked if she had documentation proving she was a bailiff and who she was, but she refused to show anything. I asked if she had a document authorizing her to inventory our things, and again, she refused to show it. I asked which law gives her the right to enter a home without official documentation or a warrant, and she just snapped back asking if I was a lawyer. Since I'm not, I just stayed quiet because I didn't have an answer. My dad asked her where she went to law school, and she basically said she didn't even finish college (so much for a meaningful conversation...). We refused to let her in after she threatened to come back with the police to bash the door down because we wouldn't let her inventory the house. She left a paper saying we weren't home and that they'd just force their way in next time. I searched the court website for the name she gave, but couldn't find any record of her as a bailiff.

Questions—
How can I find out if my dad actually paid that debt at the courthouse?
If they split the files, is it possible to collect two separate debts from two people when there was only ever one single debt?
Can we request to see her specific case file?
Shouldn't she have been summoned to court at some point too?
Can we contest her ruling by using his, since the total debt is only $117, which was what they ordered him to pay?
Who is responsible for paying if he hasn't? Is it Mom, Dad, or both?
If they both pay, should they request a refund and a reversal of the judgment?
An attorney is definitely going to cost way more than the $217 required by Dad's ruling, and certainly more than the $350 mentioned in the writ.

And did that woman follow proper procedure?
If I want to file a formal complaint against her because she was so rude, who do I send it to?
Is she legally required to show documentation proving her identity? I mean, a cop has to show a badge if I ask, and I can verify them by calling the precinct. Could this have been a scammer? I highly doubt the law requires absolute blind faith in a bailiff's word to the point where they don't have to show official ID or even a driver's license upon request.

Anyway, I would have paid that $117 a long time ago if anyone had just told us how and where. But I am not paying twice, and I honestly can't deal with... anyone who thinks basic decency doesn't apply just because they work for the state.

Thanks!

Pffft... you guys have overcomplicated this to death...
First thing's first... The court order says you owe $217 (rounding up since I haven't seen the actual paperwork). I am 2000000% certain that the order specifies you owe that amount to the plaintiff, including their full legal name, SSN, and address. You've been playing dumb this whole time (to put it politely). Your job was simple: pay the debt to the creditor's account and the fees to the court, or wherever the damn order instructed you to.

Furthermore, regarding the execution against your mother (honestly, I had to laugh at that "not sure what to do next" part—kind of like when people at T-Mobile say, "Whoops, we're being a bit too playful here" 🙂), you should have filed an objection. You should have explained that the matter is ongoing and provided the necessary documentation. Instead, you did what most people in this country do... you didn't file an objection, you probably just went off fighting with some law firm, and let the execution become final...

As for the bailiff and his conduct, go ahead and take that stack of papers to the police and file a report for impersonation. The police are required to explain your rights based on that and they have to take your report. It probably won't accomplish much, but hey, you never know... if you stay persistent, maybe some clerk gets a reprimand. Nothing will happen, but it makes you feel better, right? Just make sure you coordinate your statements about what the creditor looked like. Don't let Mom say he had blond hair while you swear he was a brunette, or get wrong about his eye color...

What now? Long story short, you have a final court order against your father for $217 plus a finalized execution against your mother. In both cases, under the law, you are obligated to pay the full amounts. The only move you have left is to take all your documentation to the creditor and negotiate exactly what needs to be paid, since they tried to collect the same amount twice. Naturally, having the paperwork from those conversations is mandatory (since they won't tell you anything and just point you back to the law firm...). So, feel free to threaten them with a lawsuit for attempted fraud.
In any case, if you end up paying the same amount twice, you can sue them. Capitalism gave us debt collection agencies for a reason... you could take your documents to them, sign a contract where you waive any risk, they pay you whatever you agree upon, and then they go after your claims—which would technically be theirs now.
Or you can hire your own lawyer and go fight for justice and what's right...
Or you can write a letter to Obama...

You have a million options. But the biggest issue here is your sheer lethargy and how careless you've been about all of this.

BTW, a pipe burst in my building recently and flooded people's apartments. It didn't occur to us to stop paying the water bill. So, feel free to give your HOA president a good smack for giving such "top-tier" advice. 😉
rowdyraven112 rowdyraven112 Active Member
248 messages
joined Jun 2024
#1034 ·
Jeffrey Long said:The notary public submitted the motion for execution on January 18, 2008 (though it only reached me yesterday 🙄). The core issue is that looking at this specific motion, I can't tell exactly when it was officially filed, which makes it impossible to determine if three or four of these bills have already hit the statute of limitations window.

A motion for execution needs to state the exact date the notary received it. That’s the notary's job.
The statute of limitations runs from that specific date.
If you're 1000% sure there's no date listed, you can file an objection stating everything is expired. Better yet, you could argue the motion for execution should be rejected for being incomplete due to the missing receipt date (I've run into this before with clean liens, so it's not my first rodeo). It might be too late for advice now, though, so sorry. 😉
If a motion gets tossed for being incomplete, it's effectively like it never existed, which means the statute of limitations wouldn't even start counting from the 2008 writ of execution (I need to double-check that part). If that holds up, any further legal moves the creditor makes in civil court are useless because what's incomplete legally doesn't exist.
Jacob Reed5 Jacob Reed5 Newcomer
4 messages
joined Jun 2014
#1035 ·
rowdyraven112 said:Pffft... you guys have overcomplicated this to death...
First thing's first... The court order says you owe $217 (rounding up since I haven't seen the actual paperwork). I am 2000000% certain that the order specifies you owe that amount to the plaintiff, including their full legal name, SSN, and address. You've been playing dumb this whole time (to put it politely). Your job was simple: pay the debt to the creditor's account and the fees to the court, or wherever the damn order instructed you to.

Furthermore, regarding the execution against your mother (honestly, I had to laugh at that "not sure what to do next" part—kind of like when people at T-Mobile say, "Whoops, we're being a bit too playful here" 🙂), you should have filed an objection. You should have explained that the matter is ongoing and provided the necessary documentation. Instead, you did what most people in this country do... you didn't file an objection, you probably just went off fighting with some law firm, and let the execution become final...

As for the bailiff and his conduct, go ahead and take that stack of papers to the police and file a report for impersonation. The police are required to explain your rights based on that and they have to take your report. It probably won't accomplish much, but hey, you never know... if you stay persistent, maybe some clerk gets a reprimand. Nothing will happen, but it makes you feel better, right? Just make sure you coordinate your statements about what the creditor looked like. Don't let Mom say he had blond hair while you swear he was a brunette, or get wrong about his eye color...

What now? Long story short, you have a final court order against your father for $217 plus a finalized execution against your mother. In both cases, under the law, you are obligated to pay the full amounts. The only move you have left is to take all your documentation to the creditor and negotiate exactly what needs to be paid, since they tried to collect the same amount twice. Naturally, having the paperwork from those conversations is mandatory (since they won't tell you anything and just point you back to the law firm...). So, feel free to threaten them with a lawsuit for attempted fraud.
In any case, if you end up paying the same amount twice, you can sue them. Capitalism gave us debt collection agencies for a reason... you could take your documents to them, sign a contract where you waive any risk, they pay you whatever you agree upon, and then they go after your claims—which would technically be theirs now.
Or you can hire your own lawyer and go fight for justice and what's right...
Or you can write a letter to Obama...

You have a million options. But the biggest issue here is your sheer lethargy and how careless you've been about all of this.

BTW, a pipe burst in my building recently and flooded people's apartments. It didn't occur to us to stop paying the water bill. So, feel free to give your HOA president a good smack for giving such "top-tier" advice. 😉


you're right about a lot of it. but there's more to it. for example, when my father received that order, he wrote an appeal without consulting my mother or me; he just signed it himself. You can tell from the writing he had absolutely no clue what was going on. When my mother got her order, she called the water company to find out how to pay the debt and stop the execution; the instruction was to pay the amount on the order and notify them once it was done. That was the same instruction given by the water company's lawyer. The amount was paid within 6 days of receiving the order, and they were notified so they could drop the execution. For 15 days—meaning 8 years—they haven't stopped the execution or even acknowledged it, despite having proof that it was paid. Meanwhile, hearings keep happening in my father's separate case, where at the first hearing, they kick him out of the courtroom before he can even testify (I assume he was being too loud and swearing, side effects from serious brain surgeries), and later they argue about whether the pipe burst in the building or outside. Nobody asks if it was paid and nobody mentions it. He keeps asking the court to determine the exact debt they are charging him because the court claims one number, the water company claims another, and the law firm is talking about a third. His case ends up at the appellate court with a ruling that he has to pay what was already paid 8 years ago.
Now they’re coming after her to cover his legal costs, yet today they just dropped part of the execution regarding her lawsuit... 🤣 🤷
Anyway, when they don't have an answer, they just claim it's a separate legal matter. But when you ask how they can even attempt to seize money from someone who isn't even a party to the lawsuit—since it's all one single case and there aren't two separate ones—they just stonewall. 🤣

Basically, even though a settlement was signed with the water department to cover all the legal fees (depending on how the water company and the court want to frame it), they didn't bother notifying the creditor within the 15-day window they were supposed to. Not until I went down to the courthouse today and really made a scene did the woman from the water company promise to send over the stay of execution tomorrow.

And get this... even though the water department is the one responsible for halting the execution once payment is made—and they're the only ones with the authority to do it—the clerk at the courthouse is asking *me* for the receipt before they'll even consider accepting the stay. Absolute lunatics, the lot of them!

So now we'll have one execution stayed and another one proceeding. They'll try to collect on one person's debt through another person's case. Instead of protecting the person involved by paying off those debts, they'll probably just force him to prove everything was paid all over again... even though it's the water department's official duty to notify the court and stop the process.

Bottom line? I'm heading to the notary to take over representation for both of them and I'm going to hunt down the stays, the answers, and whoever is actually responsible for this mess. 🙂

In this country, they should probably require a law degree just to be born...
Kimberly Robinson49 Kimberly Robinson49 Newcomer
7 messages
joined Aug 2011
#1036 ·
Here’s the situation—and I am genuinely curious if anyone here has the legal insight to make sense of this mess! So, we have someone who lived in a household where all the utility bills were officially under their name—including the municipal services for the city they resided in (not New York City, by the way)—and now they are moving out. Suddenly, a notice regarding a 2008 writ of execution arrives for unpaid utility fees from back in 2011, a year when those bills were strictly tied to that specific individual. But wait, it gets even weirder! The city is actually sending out two separate notices for that same year: one addressed to the person whose name was actually on the account, and a second one addressed to another adult living in the house—someone who was never registered as the account holder, isn't the homeowner, and was simply an adult member of the household. How is that even legally permissible? It seems like the city is just trying to squeeze money out of anyone they can find, but how can they issue a notice for execution to someone who wasn't even on the bill to begin with? They even included a specific payment slip with that person's full name on it! Does this mean that utility bills and subsequent notices for execution can be sent to any random adult living in the house, regardless of whether they are the actual account holder?
rowdyraven112 rowdyraven112 Active Member
248 messages
joined Jun 2024
#1037 ·
Kimberly Robinson49 said:Here’s the situation—and I am genuinely curious if anyone here has the legal insight to make sense of this mess! So, we have someone who lived in a household where all the utility bills were officially under their name—including the municipal services for the city they resided in (not New York City, by the way)—and now they are moving out. Suddenly, a notice regarding a 2008 writ of execution arrives for unpaid utility fees from back in 2011, a year when those bills were strictly tied to that specific individual. But wait, it gets even weirder! The city is actually sending out two separate notices for that same year: one addressed to the person whose name was actually on the account, and a second one addressed to another adult living in the house—someone who was never registered as the account holder, isn't the homeowner, and was simply an adult member of the household. How is that even legally permissible? It seems like the city is just trying to squeeze money out of anyone they can find, but how can they issue a notice for execution to someone who wasn't even on the bill to begin with? They even included a specific payment slip with that person's full name on it! Does this mean that utility bills and subsequent notices for execution can be sent to any random adult living in the house, regardless of whether they are the actual account holder?

First off, how sure are you that these are actually notices before execution and not the actual executions themselves? As for whether an execution can hit a second person—yes, it can. But explaining the specific conditions for that is a waste of time because you described your situation like a fifth-grader writing their very first homework assignment.
slypuma16 slypuma16 Newcomer
2 messages
joined Jul 2014
#1038 ·
Whatever the case may be, I can't help but wonder if we're looking at a statute of limitations issue here, since isn't the limit for stuff like this just one year?
Susan Thompson15 Susan Thompson15 Member
29 messages
joined Jun 2009
#1039 ·
It’s not a one-year statute of limitations.
Since the city issues the warning notice covering an entire year, we're looking at local utility fees collected directly by the municipality rather than a private utility company (which would just bill you for the service rendered). Essentially, these are treated like taxes, which means they aren't subject to that shorter expiration period. So, it hasn't expired.

Technically, the bill should be addressed to the property owners, but let's be real—in small towns, things get messy...
Brandon Hill8 Brandon Hill8 Active Member
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joined Apr 2011
#1040 ·
Susan Thompson15 said:It’s not a one-year statute of limitations.
Since the city issues the warning notice covering an entire year, we're looking at local utility fees collected directly by the municipality rather than a private utility company (which would just bill you for the service rendered). Essentially, these are treated like taxes, which means they aren't subject to that shorter expiration period. So, it hasn't expired.

Technically, the bill should be addressed to the property owners, but let's be real—in small towns, things get messy...

Municipal fees don't expire under the enforcement law because this isn't a public grant. It's an occasional claim.

The person responsible for the municipal fee is anyone actually using the property, not just the owner.

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