ruggedmaker2 said:But there *is* an execution. 😉
That "administrative hold" thing? That's still an execution. It's just a garnishment where the debtor gives their consent.
In that lady's case, they were only hitting her wages (meaning her employer handles it), rather than seizing everything she owns (which is what the IRS does to every single account you have).
Both versions—the wage garnishment and the total asset seizure—are governed by the Enforcement Law.
Brandon Hill8 said:Bravo. I just highly doubt they'll actually wrap their heads around it.
An attachment is either a court order or a notary deed. Here.
There’s no deal to be made. Period.The same agencies handle the enforcement—the IRS, the courts, all that. The debtor doesn't have any say in the matter. Collection follows a strict order: interest first, then costs, then principal. Interest is set by law, and the highest I've seen is 15% annually. Short and simple.
Under Section 202, Paragraph 1 of the CIA guidelines, we're looking at a private instrument from the debtor. Paragraph 2 of that same section defines its legal weight—it carries the same force as a final enforcement order and holds the status of a legal transaction under Section 77. I won't bore you with the rest. What does "legal effect" actually mean here? It means if they come after your wages, they can't touch a dime until that determination is finalized. Hope that clears things up.
An injunction or an administrative ban is basically just a contract between two parties. In this setup, the creditor and the debtor...
They’re negotiating. That’s the key word right there. They think they can just sit down and cut a deal behind closed doors? Please. Everyone knows how this works. They talk, they scheme, they pretend everything is above board. But we see through it. What are they actually agreeing on? It’s always the same old story. Let’s talk about debt repayment models. It doesn't have to be a third of your paycheck; it could just as easily be a quarter. If you set it up via contract, you aren't bound by the mandatory relationship law where everything is strictly split between interest, fees, and principal. A debtor can actually insist on adding a clause that lets them pause payments whenever they want. Interest rates? Those are whatever you agree upon. As far as I know, before 2011, you didn't even need to have those documents notarized. Correct me if I'm wrong.
You’ll probably tell me that any creditor would look like an idiot if they agreed to terms like this. Sure, they would. I wouldn't agree to these kinds of conditions either if I wasn't backed into a corner just trying to collect what's owed to me. That’s exactly what that section of the CIA code allows—it gives debtors a way to play games and tilt the scales during negotiations.
A debtor signs a loan agreement with a reliable partner—just two bucks, enough to make the legal claim last a lifetime. Immediately after, they set up a garnishment for one-third of their income, or whatever the maximum allowed under mandatory relationship law, plus interest. They can send that garnishment for collection right away, or wait. That’s when the debtor walks over to the creditor and puts the squeeze on them to accept a better repayment plan. If the creditor starts playing games just to stall for time? Just hire an admin for your firm and open a protected checking account.
Why even bother doing this? It’s a direct response to those predatory mandates within the mandatory relationship law and the CIA regulations. They're trying to send a message: don't be malicious. Demand an interest waiver and a reduction in legal fees. Then, agree to pay off the debt in installments. And whatever you do, get everything in writing.
It’s pretty much the same deal with fake invoices during pre-trial settlements, though I bet some people know the ropes better than others.
Can you open a protected checking account that's exempt from garnishment? Absolutely. Just walk into any local clinic and you'll see how Medicare provides administrative exemptions to prevent them from automatically seizing monthly payments. Based on that paperwork, anyone can set up a protected account—I've seen it happen.
Sure, all these tactics are basically an abuse of the system, but if you look closely, even Medicare uses these same loopholes. I'm convinced they target retirees for these exemptions because they're the easiest group to manipulate with these shady schemes.
And listen, gentlemen, this kind of legal abuse needs to be proven in court. Anyone claiming this is just "technicality" either has skin in the game or has never stepped foot inside a courtroom.
I highly doubt you guys will actually get it.