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Wage garnishments and collections

Started by Douglas Morgan3 · · 👁 109 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 …
hollowmason64 hollowmason64 Regular
411 messages
joined Jan 2016
#1041 ·
Brandon Hill8 said: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.

But for heaven's sake, you can't just go after someone with an execution if the bills aren't even in their name.
And honestly, the craziest part is they’re trying to pin this on someone who wasn't even registered at that address during that timeframe. Under what kind of law would that even hold up in court? What kind of judge would actually sign off on an execution like that? 😕
John Clark6 John Clark6 Regular
290 messages
joined Jun 2011
#1042 ·
Brandon Hill8 said: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.

I think Susan Thompson15 made a really solid point regarding both small towns and larger cities that are still catching up on these regulations🙂—plus, regarding the statute of limitations, it was a bit unfortunate she wrote "JUST LIKE taxes," implying a three-year window.

Basically, once a 2008 writ of execution for utility fees is issued, it officially determines who is liable (whether it’s the actual user or the owner). But, I guess you can't just "shift" the debt around like that—you know, where it suddenly jumps from one person to their heirs just because someone passed away.
slypuma16 slypuma16 Newcomer
2 messages
joined Jul 2014
#1043 ·
So, if you look at the obligatory relationship law under Section 232, isn't it true that everything just expires after one year? We're talking about things like gas bills, water usage, or even those local sanitation fees for residential services, right?
John Clark6 John Clark6 Regular
290 messages
joined Jun 2011
#1044 ·
slypuma16 said:So, if you look at the obligatory relationship law under Section 232, isn't it true that everything just expires after one year? We're talking about things like gas bills, water usage, or even those local sanitation fees for residential services, right?

Oh boy... well, I mean, these are actually intermittent claims that have a three-year statute of limitations from each due date (per Article 226 of the obligatory relationship law). Besides, the ones that expire after just one year are very clearly specified—it’s not a general rule that all utilities expire in a year—because utility fees aren't exactly the same thing as trash collection. People are constantly complaining to me, thinking it's just one year and then they can walk away, so I feel like I'm just wasting my breath with them during the appeals process. Honestly, people always seem to interpret the law in whatever way suits them best! 🙂 So, if they want to spend their money on filing fees while they bicker like that, let them go right ahead. 🙂
Andrew Murphy5 Andrew Murphy5 Member
48 messages
joined May 2023
#1045 ·
Got a question about enforcement laws...
An adult owes money to T-Mobile and they're currently under garnishment. The thing is, this person lives with their parents. Now, the collectors are claiming the parents are on the hook too just because the debtor shares their address. They even started making an "inventory" of everything in the house.
Is this actually legit? How is that even possible?
Thomas Ward5 Thomas Ward5 Newcomer
4 messages
joined May 2014
#1046 ·
Andrew Murphy5 said:Got a question about enforcement laws...
An adult owes money to T-Mobile and they're currently under garnishment. The thing is, this person lives with their parents. Now, the collectors are claiming the parents are on the hook too just because the debtor shares their address. They even started making an "inventory" of everything in the house.
Is this actually legit? How is that even possible?

That is incorrect. Parents are not responsible for their children's debts, nor are children responsible for those of their parents. The person who actually owes the debt should have filed a statement—there is a specific form you sign with the enforcement agent—declaring that they own no personal property and that everything within the residence belongs to the parents. Furthermore, the parents can file a "third-party objection to execution" to assert that all items in the home are their own property; this would be submitted to the court along with the specific case number and copies of receipts for the inventoried items...
hollowmason64 hollowmason64 Regular
411 messages
joined Jan 2016
#1047 ·
John Clark6 said:Oh boy... well, I mean, these are actually intermittent claims that have a three-year statute of limitations from each due date (per Article 226 of the obligatory relationship law). Besides, the ones that expire after just one year are very clearly specified—it’s not a general rule that all utilities expire in a year—because utility fees aren't exactly the same thing as trash collection. People are constantly complaining to me, thinking it's just one year and then they can walk away, so I feel like I'm just wasting my breath with them during the appeals process. Honestly, people always seem to interpret the law in whatever way suits them best! 🙂 So, if they want to spend their money on filing fees while they bicker like that, let them go right ahead. 🙂

So, how often are utility fees supposed to be paid?

People always end up interpreting laws however suits them best. 🙂

Exactly... you just have to stay honest about it. The reason things get messy isn't really because of people, it’s because the laws themselves are basically written to be: "do this... or maybe do that." 😁

Andrew Murphy5 said:Got a question about enforcement laws...
An adult owes money to T-Mobile and they're currently under garnishment. The thing is, this person lives with their parents. Now, the collectors are claiming the parents are on the hook too just because the debtor shares their address. They even started making an "inventory" of everything in the house.
Is this actually legit? How is that even possible?

Of course not. I don't see any reason why parents would be responsible for the debts of a child who is both an adult and fully capable of managing their own affairs.
I honestly don't know why they're even allowed to start cataloging someone else's property.😕
At this point, they should just file a statement saying everything belongs to them.
Kimberly Robinson49 Kimberly Robinson49 Newcomer
7 messages
joined Aug 2011
#1048 ·
rowdyraven112 said: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.

I realize I didn't explain myself very clearly, but I was just trying to be careful about not sharing too much personal info... Why am I so sure it isn't an actual execution order? Because both documents explicitly state "notice prior to execution"!
Kimberly Robinson49 Kimberly Robinson49 Newcomer
7 messages
joined Aug 2011
#1049 ·
hollowmason64 said:But for heaven's sake, you can't just go after someone with an execution if the bills aren't even in their name.
And honestly, the craziest part is they’re trying to pin this on someone who wasn't even registered at that address during that timeframe. Under what kind of law would that even hold up in court? What kind of judge would actually sign off on an execution like that? 😕

So, let's break this down—it’s a bit of a mess, isn't it? We have one person listed, but then there's this other individual who was also officially registered at the address back then... Let me try to clarify the situation for you. Essentially, we are looking at a father who moved out and left the household entirely back in 2012. Now, the actual owner of the property is the mother, but—and here is the kicker—the warning notice regarding the execution is being issued in the names of both the father and the adult child. Talk about a headache! Given that the legal ownership doesn't even match the names on the notice, what would be the smartest move here? What's the best way to handle this legal knot?
So, I’ve been looking over these notices, and honestly? It makes absolutely no sense! They’re sending out two different amounts—it's almost like they decided to just split the total right down the middle and send half to each person... but why?! And here is what really trips me up—if they’re being so "clever" about splitting things up, why on earth didn't they just list my mother on the paperwork? She’s the actual owner of the property! It feels totally illogical—I mean, seriously, where is the reasoning there? Since we live in such a small town where everyone knows everyone else's business, I can't help but wonder if they think this approach will make it easier to squeeze the debt out of my father? Or—and this is the part that really gets me—is it some sort of roundabout way to pressure us kids into paying at least a portion if he doesn't come through? I don't know... I am just completely lost on the logic here!
Andrew Murphy5 Andrew Murphy5 Member
48 messages
joined May 2023
#1050 ·
hollowmason64 said:So, how often are utility fees supposed to be paid?

People always end up interpreting laws however suits them best. 🙂

Exactly... you just have to stay honest about it. The reason things get messy isn't really because of people, it’s because the laws themselves are basically written to be: "do this... or maybe do that." 😁

Of course not. I don't see any reason why parents would be responsible for the debts of a child who is both an adult and fully capable of managing their own affairs.
I honestly don't know why they're even allowed to start cataloging someone else's property.😕
At this point, they should just file a statement saying everything belongs to them.

So, here’s how it shook out—the collectors claimed the laws changed, so now they're inventorying everything at the debtor's primary residence. It's a mess. $2333.
That parent went ahead and did it. $367 Do it right away—apparently, if you don't, the interest keeps piling up and everything else is due within fifteen days. Then, a few hours later, they call me back and claim the law didn't even change. Real smooth.
Was that pulled off through a straight-up scam, or did they just prey on people being too trusting?
I’m guessing that lady isn't seeing her money again—standard procedure when there's a "wrongful" payment involved. It’ll probably just end up covering something else entirely.
Megan Ross20 Megan Ross20 Newcomer
1 message
joined Jul 2014
#1051 ·
Hello everyone, and thanks in advance for any insight you can offer. I apologize if this has already been answered, but I’m honestly so worked up right now that the more I read, the less I seem to process...

Here’s the situation. I just received a demand letter from Leka & Partners because I haven't been keeping up with my Mastercard payments. They’re demanding $10. I lost access to a specific stream of income I was using to cover those Mastercard bills, and between the principal and the interest, the total has ballooned to that amount. It’s not that I’m trying to dodge my responsibilities—I want to pay what I owe—but right now, I simply don't have the funds to cover the full balance, let alone even the minimum revolving payments I used to manage.

Now I’ve been given an eight-day window to settle the entire debt in full. I don't have the money, and if I don't comply, they claim they will pass a motion for execution to a notary public. (What does that actually imply?)

The letter states the following:

"Please be advised that—should you fail to remit payment as described above—our firm will initiate proceedings to recover the aforementioned claim from your wages, pension, or any other movable or immovable assets, for which we possess precise data and all necessary legal authorizations." Where on earth are they getting this data from, and what "assets" could I possibly have? I’m just a renter; there is absolutely nothing in this apartment that belongs to me...

Furthermore:

"In order to avoid additional costs and inconveniences at your place of employment or residence, we once again urge you to settle your debt before we commence formal forced collection procedures..." Inconveniences??? What kind of inconveniences are they talking about??? What exactly are they planning to do???

And finally:

"We also inform you that our office, acting in strict accordance with our client's instructions, will file criminal charges for fraud under Article 224 of the State Archives code should you fail to meet the aforementioned deadline."

What am I supposed to do now? Should I look into setting up a protected account through the IRS? Please, I need some advice. At this moment, I have no way to come up with an amount like 😢

Thanks.
hollowmason64 hollowmason64 Regular
411 messages
joined Jan 2016
#1052 ·
Kimberly Robinson49 said:So, let's break this down—it’s a bit of a mess, isn't it? We have one person listed, but then there's this other individual who was also officially registered at the address back then... Let me try to clarify the situation for you. Essentially, we are looking at a father who moved out and left the household entirely back in 2012. Now, the actual owner of the property is the mother, but—and here is the kicker—the warning notice regarding the execution is being issued in the names of both the father and the adult child. Talk about a headache! Given that the legal ownership doesn't even match the names on the notice, what would be the smartest move here? What's the best way to handle this legal knot?
So, I’ve been looking over these notices, and honestly? It makes absolutely no sense! They’re sending out two different amounts—it's almost like they decided to just split the total right down the middle and send half to each person... but why?! And here is what really trips me up—if they’re being so "clever" about splitting things up, why on earth didn't they just list my mother on the paperwork? She’s the actual owner of the property! It feels totally illogical—I mean, seriously, where is the reasoning there? Since we live in such a small town where everyone knows everyone else's business, I can't help but wonder if they think this approach will make it easier to squeeze the debt out of my father? Or—and this is the part that really gets me—is it some sort of roundabout way to pressure us kids into paying at least a portion if he doesn't come through? I don't know... I am just completely lost on the logic here!

Well, that's about everything... 🙄
Look, if I were you, I’d put a little more effort into this. Instead of getting sucked into a massive debate about your dad's bank account, just pick up the phone and call the person who sent that pre-execution notice. Don't argue—just ask them straight up: what exactly is this warning for under the "child's" name? Is there some kind of record somewhere linking them to him, and what's their actual legal basis for making this claim against the "child"?
I'm really curious to hear what the answer is...

Andrew Murphy5 said:So, here’s how it shook out—the collectors claimed the laws changed, so now they're inventorying everything at the debtor's primary residence. It's a mess. $2333.
That parent went ahead and did it. $367 Do it right away—apparently, if you don't, the interest keeps piling up and everything else is due within fifteen days. Then, a few hours later, they call me back and claim the law didn't even change. Real smooth.
Was that pulled off through a straight-up scam, or did they just prey on people being too trusting?
I’m guessing that lady isn't seeing her money again—standard procedure when there's a "wrongful" payment involved. It’ll probably just end up covering something else entirely.

What do you mean by "gave"? Did they actually get some kind of official confirmation? What does the paperwork actually say? 😕

Is this some kind of elaborate scam, or are they just banking on people being too naive to notice?

It was a classic setup—they basically bled them dry by counting on how little they actually knew about the system. 😁
Susan Chase70 Susan Chase70 Newcomer
5 messages
joined Jul 2014
#1053 ·
Megan Ross20 said:Hello everyone, and thanks in advance for any insight you can offer. I apologize if this has already been answered, but I’m honestly so worked up right now that the more I read, the less I seem to process...

Here’s the situation. I just received a demand letter from Leka & Partners because I haven't been keeping up with my Mastercard payments. They’re demanding $10. I lost access to a specific stream of income I was using to cover those Mastercard bills, and between the principal and the interest, the total has ballooned to that amount. It’s not that I’m trying to dodge my responsibilities—I want to pay what I owe—but right now, I simply don't have the funds to cover the full balance, let alone even the minimum revolving payments I used to manage.

Now I’ve been given an eight-day window to settle the entire debt in full. I don't have the money, and if I don't comply, they claim they will pass a motion for execution to a notary public. (What does that actually imply?)

The letter states the following:

"Please be advised that—should you fail to remit payment as described above—our firm will initiate proceedings to recover the aforementioned claim from your wages, pension, or any other movable or immovable assets, for which we possess precise data and all necessary legal authorizations." Where on earth are they getting this data from, and what "assets" could I possibly have? I’m just a renter; there is absolutely nothing in this apartment that belongs to me...

Furthermore:

"In order to avoid additional costs and inconveniences at your place of employment or residence, we once again urge you to settle your debt before we commence formal forced collection procedures..." Inconveniences??? What kind of inconveniences are they talking about??? What exactly are they planning to do???

And finally:

"We also inform you that our office, acting in strict accordance with our client's instructions, will file criminal charges for fraud under Article 224 of the State Archives code should you fail to meet the aforementioned deadline."

What am I supposed to do now? Should I look into setting up a protected account through the IRS? Please, I need some advice. At this moment, I have no way to come up with an amount like 😢

Thanks.


That 8-day window is just an arbitrary deadline they give you before they initiate an execution proceeding based on a credible instrument. Usually, they do this based on some ledger extract, a contract, or other documents proving you took on an obligation or owe a debt.

The "data" likely refers to all the documentation from Mastercard showing your obligations. Your paycheck and your accounts are things they can target for an execution.

As for the criminal charge of fraud... whether that's just a bluff or not, you can decide that for yourself.

A protected account isn't even an option until you are officially in default/blocked.

Your best bet is to call them and try to negotiate a waiver of interest and a payment plan.
hollowmason64 hollowmason64 Regular
411 messages
joined Jan 2016
#1054 ·
Susan Chase70 said:That 8-day window is just an arbitrary deadline they give you before they initiate an execution proceeding based on a credible instrument. Usually, they do this based on some ledger extract, a contract, or other documents proving you took on an obligation or owe a debt.

The "data" likely refers to all the documentation from Mastercard showing your obligations. Your paycheck and your accounts are things they can target for an execution.

As for the criminal charge of fraud... whether that's just a bluff or not, you can decide that for yourself.

A protected account isn't even an option until you are officially in default/blocked.

Your best bet is to call them and try to negotiate a waiver of interest and a payment plan.

But honestly, you have to deal with the bank directly to hash that out—things like getting them to waive the interest...
rowdyraven112 rowdyraven112 Active Member
248 messages
joined Jun 2024
#1055 ·
Susan Chase70 said:That 8-day window is just an arbitrary deadline they give you before they initiate an execution proceeding based on a credible instrument. Usually, they do this based on some ledger extract, a contract, or other documents proving you took on an obligation or owe a debt.

The "data" likely refers to all the documentation from Mastercard showing your obligations. Your paycheck and your accounts are things they can target for an execution.

As for the criminal charge of fraud... whether that's just a bluff or not, you can decide that for yourself.

A protected account isn't even an option until you are officially in default/blocked.

Your best bet is to call them and try to negotiate a waiver of interest and a payment plan.

Anyone can open a protected checking account whenever they want. It doesn't matter if there’s actually any threat of being sued or garnished. You just send a letter to your employer and reroute two-thirds of your paycheck straight into it immediately. Simple.
If you're facing any kind of garnishment, opening a new account isn't some luxury—it’s a necessity. It's pure prevention. The IRS and your bank don't give a damn about the law or whether they're only supposed to take a third or half of your paycheck. If even one cent hits that frozen account? They'll grab the entire damn thing.
Based on what I’ve seen from everyone posting here, getting back funds that should have been exempt from execution comes down to one thing: whether the creditor actually feels like being a decent human being. It’s entirely up to their good will. Honestly, I haven't run into anyone who actually sued the bank, the IRS, or the creditor for violating the enforcement law—you know, when they seize an entire paycheck or funds that are legally protected. Why? Mostly because people are too broke to afford a lawsuit, and frankly, most lawyers won't even touch it because there's no money in it for them. Is it worth it? Probably not. 😉
rowdyraven112 rowdyraven112 Active Member
248 messages
joined Jun 2024
#1056 ·
Megan Ross20 said:Hello everyone, and thanks in advance for any insight you can offer. I apologize if this has already been answered, but I’m honestly so worked up right now that the more I read, the less I seem to process...

Here’s the situation. I just received a demand letter from Leka & Partners because I haven't been keeping up with my Mastercard payments. They’re demanding $10. I lost access to a specific stream of income I was using to cover those Mastercard bills, and between the principal and the interest, the total has ballooned to that amount. It’s not that I’m trying to dodge my responsibilities—I want to pay what I owe—but right now, I simply don't have the funds to cover the full balance, let alone even the minimum revolving payments I used to manage.

Now I’ve been given an eight-day window to settle the entire debt in full. I don't have the money, and if I don't comply, they claim they will pass a motion for execution to a notary public. (What does that actually imply?)

The letter states the following:

"Please be advised that—should you fail to remit payment as described above—our firm will initiate proceedings to recover the aforementioned claim from your wages, pension, or any other movable or immovable assets, for which we possess precise data and all necessary legal authorizations." Where on earth are they getting this data from, and what "assets" could I possibly have? I’m just a renter; there is absolutely nothing in this apartment that belongs to me...

Furthermore:

"In order to avoid additional costs and inconveniences at your place of employment or residence, we once again urge you to settle your debt before we commence formal forced collection procedures..." Inconveniences??? What kind of inconveniences are they talking about??? What exactly are they planning to do???

And finally:

"We also inform you that our office, acting in strict accordance with our client's instructions, will file criminal charges for fraud under Article 224 of the State Archives code should you fail to meet the aforementioned deadline."

What am I supposed to do now? Should I look into setting up a protected account through the IRS? Please, I need some advice. At this moment, I have no way to come up with an amount like 😢

Thanks.


It means the law firm is going to start seizing your assets.
So you were just living large on those cards? Married a sugar daddy or something? 🙂
By the way, what kind of limit did you have on that Mastercard that you could pull that much credit? $10 That means your take-home pay had to be at least $3.25 net. You must have been working some high-level management job.😉

Megan Ross20 said:Hello everyone, and thanks in advance for any insight you can offer. I apologize if this has already been answered, but I’m honestly so worked up right now that the more I read, the less I seem to process...

Here’s the situation. I just received a demand letter from Leka & Partners because I haven't been keeping up with my Mastercard payments. They’re demanding $10. I lost access to a specific stream of income I was using to cover those Mastercard bills, and between the principal and the interest, the total has ballooned to that amount. It’s not that I’m trying to dodge my responsibilities—I want to pay what I owe—but right now, I simply don't have the funds to cover the full balance, let alone even the minimum revolving payments I used to manage.

Now I’ve been given an eight-day window to settle the entire debt in full. I don't have the money, and if I don't comply, they claim they will pass a motion for execution to a notary public. (What does that actually imply?)

The letter states the following:

"Please be advised that—should you fail to remit payment as described above—our firm will initiate proceedings to recover the aforementioned claim from your wages, pension, or any other movable or immovable assets, for which we possess precise data and all necessary legal authorizations." Where on earth are they getting this data from, and what "assets" could I possibly have? I’m just a renter; there is absolutely nothing in this apartment that belongs to me...

Furthermore:

"In order to avoid additional costs and inconveniences at your place of employment or residence, we once again urge you to settle your debt before we commence formal forced collection procedures..." Inconveniences??? What kind of inconveniences are they talking about??? What exactly are they planning to do???

And finally:

"We also inform you that our office, acting in strict accordance with our client's instructions, will file criminal charges for fraud under Article 224 of the State Archives code should you fail to meet the aforementioned deadline."

What am I supposed to do now? Should I look into setting up a protected account through the IRS? Please, I need some advice. At this moment, I have no way to come up with an amount like 😢

Thanks.

That part is purely psychological. Just a scare tactic to make you shit your pants so you'll scramble to pay the debt immediately.

Megan Ross20 said:Hello everyone, and thanks in advance for any insight you can offer. I apologize if this has already been answered, but I’m honestly so worked up right now that the more I read, the less I seem to process...

Here’s the situation. I just received a demand letter from Leka & Partners because I haven't been keeping up with my Mastercard payments. They’re demanding $10. I lost access to a specific stream of income I was using to cover those Mastercard bills, and between the principal and the interest, the total has ballooned to that amount. It’s not that I’m trying to dodge my responsibilities—I want to pay what I owe—but right now, I simply don't have the funds to cover the full balance, let alone even the minimum revolving payments I used to manage.

Now I’ve been given an eight-day window to settle the entire debt in full. I don't have the money, and if I don't comply, they claim they will pass a motion for execution to a notary public. (What does that actually imply?)

The letter states the following:

"Please be advised that—should you fail to remit payment as described above—our firm will initiate proceedings to recover the aforementioned claim from your wages, pension, or any other movable or immovable assets, for which we possess precise data and all necessary legal authorizations." Where on earth are they getting this data from, and what "assets" could I possibly have? I’m just a renter; there is absolutely nothing in this apartment that belongs to me...

Furthermore:

"In order to avoid additional costs and inconveniences at your place of employment or residence, we once again urge you to settle your debt before we commence formal forced collection procedures..." Inconveniences??? What kind of inconveniences are they talking about??? What exactly are they planning to do???

And finally:

"We also inform you that our office, acting in strict accordance with our client's instructions, will file criminal charges for fraud under Article 224 of the State Archives code should you fail to meet the aforementioned deadline."

What am I supposed to do now? Should I look into setting up a protected account through the IRS? Please, I need some advice. At this moment, I have no way to come up with an amount like 😢

Thanks.

Call the Law Firm XY and set up an appointment. Explain your situation and negotiate a payment plan based on what you can actually afford. Try to agree to have an administrative garnishment placed on your income capped at one-third of your paycheck until the debt is cleared. When negotiating that garnishment, avoid any sentence that mentions interest. Focus on paying off the principal first. If they refuse to cooperate, send a formal written notice to both your bank and the law firm making the same request. Send those inquiries to the processing department at the bank and the law firm, or via certified mail so you have proof they received them.
Here’s the catch. The catch is that an administrative garnishment is basically just another form of execution, except you get to decide what gets paid off first—and it's better for you to tackle the principal first. Any refusal from the creditor to allow this is just their attempt to screw you over and rack up extra fees.
And finally, regarding the part about seizing assets—it's also a good idea to transfer the title of your personal property and real estate to someone who doesn't have any liens against them, if you think you won't be able to meet the obligation.
Susan Chase70 Susan Chase70 Newcomer
5 messages
joined Jul 2014
#1057 ·
rowdyraven112 said:Anyone can open a protected checking account whenever they want. It doesn't matter if there’s actually any threat of being sued or garnished. You just send a letter to your employer and reroute two-thirds of your paycheck straight into it immediately. Simple.
If you're facing any kind of garnishment, opening a new account isn't some luxury—it’s a necessity. It's pure prevention. The IRS and your bank don't give a damn about the law or whether they're only supposed to take a third or half of your paycheck. If even one cent hits that frozen account? They'll grab the entire damn thing.
Based on what I’ve seen from everyone posting here, getting back funds that should have been exempt from execution comes down to one thing: whether the creditor actually feels like being a decent human being. It’s entirely up to their good will. Honestly, I haven't run into anyone who actually sued the bank, the IRS, or the creditor for violating the enforcement law—you know, when they seize an entire paycheck or funds that are legally protected. Why? Mostly because people are too broke to afford a lawsuit, and frankly, most lawyers won't even touch it because there's no money in it for them. Is it worth it? Probably not. 😉


You can't just open it whenever you feel like it... It only becomes possible once the writ of execution has been finalized, and then the debtor is responsible for proving everything to the IRS. According to the regulations regarding the methods and procedures for enforcing levies on monetary assets...

rowdyraven112 said:It means the law firm is going to start seizing your assets.
So you were just living large on those cards? Married a sugar daddy or something? 🙂
By the way, what kind of limit did you have on that Mastercard that you could pull that much credit? $10 That means your take-home pay had to be at least $3.25 net. You must have been working some high-level management job.😉

That part is purely psychological. Just a scare tactic to make you shit your pants so you'll scramble to pay the debt immediately.

Call the Law Firm XY and set up an appointment. Explain your situation and negotiate a payment plan based on what you can actually afford. Try to agree to have an administrative garnishment placed on your income capped at one-third of your paycheck until the debt is cleared. When negotiating that garnishment, avoid any sentence that mentions interest. Focus on paying off the principal first. If they refuse to cooperate, send a formal written notice to both your bank and the law firm making the same request. Send those inquiries to the processing department at the bank and the law firm, or via certified mail so you have proof they received them.
Here’s the catch. The catch is that an administrative garnishment is basically just another form of execution, except you get to decide what gets paid off first—and it's better for you to tackle the principal first. Any refusal from the creditor to allow this is just their attempt to screw you over and rack up extra fees.
And finally, regarding the part about seizing assets—it's also a good idea to transfer the title of your personal property and real estate to someone who doesn't have any liens against them, if you think you won't be able to meet the obligation.


Where exactly is this written? Under the obligatory relationship law, costs are settled first, then interest, and only then the principal... though the creditor does have the option to set their own order of priority. It would be just lovely for creditors if debtors were allowed to dictate their fate like this...

rowdyraven112 said:It means the law firm is going to start seizing your assets.
So you were just living large on those cards? Married a sugar daddy or something? 🙂
By the way, what kind of limit did you have on that Mastercard that you could pull that much credit? $10 That means your take-home pay had to be at least $3.25 net. You must have been working some high-level management job.😉

That part is purely psychological. Just a scare tactic to make you shit your pants so you'll scramble to pay the debt immediately.

Call the Law Firm XY and set up an appointment. Explain your situation and negotiate a payment plan based on what you can actually afford. Try to agree to have an administrative garnishment placed on your income capped at one-third of your paycheck until the debt is cleared. When negotiating that garnishment, avoid any sentence that mentions interest. Focus on paying off the principal first. If they refuse to cooperate, send a formal written notice to both your bank and the law firm making the same request. Send those inquiries to the processing department at the bank and the law firm, or via certified mail so you have proof they received them.
Here’s the catch. The catch is that an administrative garnishment is basically just another form of execution, except you get to decide what gets paid off first—and it's better for you to tackle the principal first. Any refusal from the creditor to allow this is just their attempt to screw you over and rack up extra fees.
And finally, regarding the part about seizing assets—it's also a good idea to transfer the title of your personal property and real estate to someone who doesn't have any liens against them, if you think you won't be able to meet the obligation.


Not only does producing such a transcript constitute a criminal offense, but in civil court, it’s easily debunked... which just leads to more legal fees and attorney costs being billed against you. But hey, if that's what people want...
ruggedmaker2 ruggedmaker2 Regular
469 messages
joined Mar 2018
#1058 ·
rowdyraven112 said:Anyone can open a protected checking account whenever they want. It doesn't matter if there’s actually any threat of being sued or garnished. You just send a letter to your employer and reroute two-thirds of your paycheck straight into it immediately. Simple.
If you're facing any kind of garnishment, opening a new account isn't some luxury—it’s a necessity. It's pure prevention. The IRS and your bank don't give a damn about the law or whether they're only supposed to take a third or half of your paycheck. If even one cent hits that frozen account? They'll grab the entire damn thing.
Based on what I’ve seen from everyone posting here, getting back funds that should have been exempt from execution comes down to one thing: whether the creditor actually feels like being a decent human being. It’s entirely up to their good will. Honestly, I haven't run into anyone who actually sued the bank, the IRS, or the creditor for violating the enforcement law—you know, when they seize an entire paycheck or funds that are legally protected. Why? Mostly because people are too broke to afford a lawsuit, and frankly, most lawyers won't even touch it because there's no money in it for them. Is it worth it? Probably not. 😉

Dead wrong!
You can open a protected account before a garnishment actually hits, sure, but only if you provide the paperwork proving that an execution is actually imminent.

Article 22.

(1) Under Section 212, Paragraph 1 of the enforcement law, the debtor is required to notify the IRS regarding any incoming payments or benefits listed under Section 172, or any amounts exempt from garnishment under Section 173, when dealing with fund seizures.

(2) If the IRS receives the notice mentioned in Paragraph 1 and finds nothing recorded in the registry as a legal basis for payment, they will accept that notice provided the debtor attaches a copy of the underlying documentation showing that a specific garnishment on their funds has been ordered.
Noah Reyes4 Noah Reyes4 Newcomer
1 message
joined Jul 2014
#1059 ·
Alright, here's the deal.

I owe Verizon about $267. I called the IRS, and they told me that the collection matter tied to my SSN has been handed off to Law Firm XY.

So, what's the vibe here—is the execution already in motion? And if I just cough up the cash right now, will they pull the plug on the whole process?

I'm a student, and this is all pretty new territory for me. I'm kind of stuck; should I just sit tight and wait for a notice in the mail, or should I just pay it?

Thanks in advance for any help.
Susan Chase70 Susan Chase70 Newcomer
5 messages
joined Jul 2014
#1060 ·
Your best bet is to call Law Firm XY immediately and get some clarity.
If you aren't disputing the debt, just pay it right away... it’s better that way.
Before any accounts get frozen, a potential 2008 writ of execution has to become final and enforceable. That means they have to serve you at your home address to allow for an objection...
You need to move fast before this hits the sheriff's office. If you don't, you'll just be stuck paying extra legal fees and sheriff costs...

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