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Wage garnishments and collections

Started by Douglas Morgan3 · · 👁 108 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 …
Sam Wright21 Sam Wright21 Regular
402 messages
joined Jul 2016
#1081 ·
I can’t function without my notebook by my side. Honestly, you should try to negotiate a settlement directly with them to bypass the lawyers and the notary altogether. These collection agencies exist primarily to play the scare tactic game; if they fail to collect, they just toss the file back to the creditor, who then hands it off to an attorney and a notary. It's a cycle filled with bloodsuckers—real vultures—which is why their "services" often end up costing more than the actual debt itself. They can cook up whatever fee they want in forty-eight hours, whereas these so-called collection agencies haven't quite mastered that level of greed yet.
hiddenharbor49 hiddenharbor49 Newcomer
3 messages
joined Aug 2014
#1082 ·
Sam Wright21 said:I can’t function without my notebook by my side. Honestly, you should try to negotiate a settlement directly with them to bypass the lawyers and the notary altogether. These collection agencies exist primarily to play the scare tactic game; if they fail to collect, they just toss the file back to the creditor, who then hands it off to an attorney and a notary. It's a cycle filled with bloodsuckers—real vultures—which is why their "services" often end up costing more than the actual debt itself. They can cook up whatever fee they want in forty-eight hours, whereas these so-called collection agencies haven't quite mastered that level of greed yet.

Thanks for the reply! I've just got one hang-up—if these guys bought the debt from AT&T, how can they possibly give it back to them? And if they’re supposed to mail a formal notice to my house before any legal action starts, how do people even realize they're being sued only when they try to buy something and find out their accounts are frozen? Just a bunch of questions, but I guess it's better to know what you're walking into.🙂
Sam Wright21 Sam Wright21 Regular
402 messages
joined Jul 2016
#1083 ·
I’m not entirely certain about their exact internal mechanics, but once you reach an agreement regarding repayment and present concrete proof that you’ve settled the debt with the creditor—in this case, AT&T—the whole thing should effectively grind to a halt. It seems to me they aren't actually purchasing debt; they’re simply playing a game of intimidation.
The idea that you could be blacklisted without ever receiving an official notice regarding a garnishment or seizure is something I find hard to wrap my head around, let alone believe. Honestly, the only way that would even make sense is if you were consistently refusing to accept certified mail.
hiddenharbor49 hiddenharbor49 Newcomer
3 messages
joined Aug 2014
#1084 ·
Sam Wright21 said:I’m not entirely certain about their exact internal mechanics, but once you reach an agreement regarding repayment and present concrete proof that you’ve settled the debt with the creditor—in this case, AT&T—the whole thing should effectively grind to a halt. It seems to me they aren't actually purchasing debt; they’re simply playing a game of intimidation.
The idea that you could be blacklisted without ever receiving an official notice regarding a garnishment or seizure is something I find hard to wrap my head around, let alone believe. Honestly, the only way that would even make sense is if you were consistently refusing to accept certified mail.

so they're lying... figures... just like when they claimed the money would hit the account instantly. In reality, they can't do anything except eventually fold and send the case right back to where it started...

Thanks a ton for the reply!😉
Sam Wright21 Sam Wright21 Regular
402 messages
joined Jul 2016
#1085 ·
Of course they’re lying; that shouldn't come as any shock to anyone. We’re dealing with nothing more than predatory loan sharks masquerading as legitimate businesses. Just look at how these schemes operate—it’s a classic shell game. You could call a major provider like AT&T and set up a structured installment plan, then dutifully send them your proof of payment. Meanwhile, you’re playing a completely different game, negotiating behind the scenes with that shady lending agency.
John Clark6 John Clark6 Regular
290 messages
joined Jun 2011
#1086 ·
hiddenharbor49 said:So, I had this old debt with AT&T, and now they’ve offloaded the whole thing to some collection agency—Credit Express, to be exact. It’s one of those amounts where $667. Since I'm currently between jobs, these guys are already threatening to garnish my wages and freeze my accounts. I was wondering if they can actually pull that off without going through a notary first? Like, can they just jump straight to seizing funds without sending me an official notice that I can actually contest within that 8-day window if things aren't right? Thanks

Basically, what happened is that the agency bought out your debt, so you're dealing with them directly now instead of AT&T. If you don't settle things after their warning, they'll likely initiate the collection process through a notary. Don't panic too much—you'll receive a formal proposal for the collection first, which gives you the chance to file an appeal if needed.

P.S. Just so it's crystal clear—you aren't technically indebted to AT&T anymore; you owe that specific firm... US law definitely allows for that kind of transfer.
Roger Lopez35 Roger Lopez35 Newcomer
5 messages
joined May 2011
#1087 ·
Does anyone have the exact details on this?

Here is the situation: a friend of mine hasn't had any income hitting her checking account since May, and she’s been sitting in the red by about $9.75. A few days ago, they froze her account. She’s expecting a deposit to land tomorrow, so we need to know if the bank will just take the $29 fee to unfreeze everything, or if she actually has to physically walk into the branch with those $9.75 in hand to get it sorted out.
neontiger63 neontiger63 Newcomer
3 messages
joined Aug 2014
#1088 ·
Who actually froze the account?

The bank lifted the overdraft limit, so now it's sitting in the red $9.75 ?

If that’s the case—and assuming there isn't some other complication—she doesn't need to bring any cash to cover it. Once the funds hit the account, the bank will just grab what they're owed... leaving her with whatever is left above zero.

Now, if the account was frozen by, say, a local municipal court, they’ll settle those fines first. If there's anything left over after that, she can use it. Again, no need to carry extra cash around...
Roger Lopez35 Roger Lopez35 Newcomer
5 messages
joined May 2011
#1089 ·
The bank is charging fees just for maintaining the account
Roger Lopez35 Roger Lopez35 Newcomer
5 messages
joined May 2011
#1090 ·
The monthly account maintenance fee pushed my balance into the red
rowdyraven112 rowdyraven112 Active Member
248 messages
joined Jun 2024
#1091 ·
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.
driftingnomad93 driftingnomad93 Newcomer
3 messages
joined Dec 2021
#1092 ·
Greetings to all.

I recently caught wind of some chatter—though I seem to have missed the full news cycle on this particular matter—suggesting that service fees and independent contractor payouts might be exempt from garnishment. I find myself wondering if there is any truth to these rumors, and if so, what the practical implications would be for someone in my position. Furthermore, what would be the proper procedure for establishing a dedicated bank account specifically for receiving these contract payments?

I appreciate your insights in advance.
rowdyraven112 rowdyraven112 Active Member
248 messages
joined Jun 2024
#1093 ·
hollowmason64 said:I’m not entirely sure why, but I’d be willing to bet they didn't even serve them the 🤣
properly.

I’d bet my life they delivered it. The issue is the "helpful neighbors," the "nice mailman," the "mailing address vs. residential address" mess, and plain old ignorance.
First off, let's talk about ignorance. These things start with massive bold letters saying MOTION FOR LEVY, and only much later, in tiny print, do they mention the actual details. Most people see that and think, "Oh, just some warning." Even the rare few who bother to flip the page and see the notary stamp think it's just a notarized warning. It's a direct consequence of how they phrase these "warnings."
Then there's the stupidity of thinking you can just fight back by claiming the system is "broken" because they can't freeze your account if you didn't receive the notice. Instead, the notice just gets posted on the court bulletin board and suddenly it's legally binding.

The "good neighbor" syndrome—where everyone is buddies with "George the mailman"—is a huge problem here. A neighbor grabs your legal mail while you're on vacation, tosses it in your box, or just sits on it for six weeks before handing it over.

Then you have the "good mailman George" syndrome, where he signs for your legal documents himself, leaves them by the door, and then the wind or some nosy neighbor does the rest.

On top of that, there's the whole residency issue. The mailman can't find you at your current address because you're renting, so they send the levy to whatever address is on your ID. Then we're right back to the "good mailman," the "good neighbor," or the court bulletin board loop.

This isn't even everything; it's just a fraction of what happens under the "I never got the notice" excuse. Sure, some levies have actual errors, but those are one in a thousand and get fixed fast—like a wrong Social Security number, for example. Unfortunately, the law doesn't offer any compensation for the victims, which is why these cases end up making the news.
rowdyraven112 rowdyraven112 Active Member
248 messages
joined Jun 2024
#1094 ·
driftingnomad93 said:Greetings to all.

I recently caught wind of some chatter—though I seem to have missed the full news cycle on this particular matter—suggesting that service fees and independent contractor payouts might be exempt from garnishment. I find myself wondering if there is any truth to these rumors, and if so, what the practical implications would be for someone in my position. Furthermore, what would be the proper procedure for establishing a dedicated bank account specifically for receiving these contract payments?

I appreciate your insights in advance.

Check out the new law here:

They aren't "exempt." They're just subject to the same rules as regular salary garnishments, provided that's your only source of income (meaning you don't have a steady paycheck elsewhere). How do you execute it? Exactly like before. You get hit with the garnishment, run straight to the IRS to open a protected account, and list your exemptions. Then the IRS notifies everyone that, by law, that portion goes into the protected account instead of being seized—unless some special circumstances apply.

By the way, here's another loophole... an employer and employee can just agree to call a payment a "gift for a child" instead of a salary...
Bottom line: no massive improvements here...
Ashley White Ashley White Member
30 messages
joined Sep 2019
#1095 ·
The government has placed a levy on my bank accounts. Since they won't find much success there, should I be bracing for them to come after my physical assets instead? And if that's the case, is there any way to protect my car by transferring the title to my wife?
rowdyraven112 rowdyraven112 Active Member
248 messages
joined Jun 2024
#1096 ·
Ashley White said:The government has placed a levy on my bank accounts. Since they won't find much success there, should I be bracing for them to come after my physical assets instead? And if that's the case, is there any way to protect my car by transferring the title to my wife?

If the IRS has frozen your cash, sure, you can technically do whatever you want with your physical assets and real estate. To quote a lawyer friend of mine: "The government can kiss my ass." A levy on your property is just a matter of time. You could try transferring everything to your wife via a gift deed. The only real hurdle is community property laws, but honestly, I’ve never seen the government actually pursue that kind of route to collect debts. Even better, you could look into a divorce—it's mandatory under certain circumstances, and through the settlement, you can hand everything over to her.
With a divorce, you can work out a maintenance agreement based on specific sections of the Family Law regarding spousal support. Or you could set up an administrative garnishment against your wages. If kids are involved, you could set up an administrative order for child support. You have plenty of options. Of course, this assumes they've only blocked your checking accounts and haven't hit your paycheck yet—which, based on what you said, seems to be the case.
But this is only worth the effort if the debt to the IRS is massive, which I assume it is given the situation.
Just one question: Have you tried applying for a payment plan?
Ashley White Ashley White Member
30 messages
joined Sep 2019
#1097 ·
rowdyraven112 said:If the IRS has frozen your cash, sure, you can technically do whatever you want with your physical assets and real estate. To quote a lawyer friend of mine: "The government can kiss my ass." A levy on your property is just a matter of time. You could try transferring everything to your wife via a gift deed. The only real hurdle is community property laws, but honestly, I’ve never seen the government actually pursue that kind of route to collect debts. Even better, you could look into a divorce—it's mandatory under certain circumstances, and through the settlement, you can hand everything over to her.
With a divorce, you can work out a maintenance agreement based on specific sections of the Family Law regarding spousal support. Or you could set up an administrative garnishment against your wages. If kids are involved, you could set up an administrative order for child support. You have plenty of options. Of course, this assumes they've only blocked your checking accounts and haven't hit your paycheck yet—which, based on what you said, seems to be the case.
But this is only worth the effort if the debt to the IRS is massive, which I assume it is given the situation.
Just one question: Have you tried applying for a payment plan?

Thanks for the input. Here's the deal: I don't have a steady paycheck right now because I'm unemployed, and the debt isn't even that astronomical—it's about $1,750. It all stemmed from losing a first-time homebuyer tax credit. I tried to set up a payment plan, but since I couldn't even manage that, the seizure was triggered—starting with the IRS...
If I've grasped this correctly, a divorce would shield me if the government decides to get aggressive about marital property, but since the amount is relatively small, they probably won't bother, right? So, can I just save the car by transferring the title to my wife?
rowdyraven112 rowdyraven112 Active Member
248 messages
joined Jun 2024
#1098 ·
Ashley White said:Thanks for the input. Here's the deal: I don't have a steady paycheck right now because I'm unemployed, and the debt isn't even that astronomical—it's about $1,750. It all stemmed from losing a first-time homebuyer tax credit. I tried to set up a payment plan, but since I couldn't even manage that, the seizure was triggered—starting with the IRS...
If I've grasped this correctly, a divorce would shield me if the government decides to get aggressive about marital property, but since the amount is relatively small, they probably won't bother, right? So, can I just save the car by transferring the title to my wife?

Go ahead and transfer the car to your wife via a gift deed. Getting a divorce over that kind of money is insane. I thought we were talking about much larger sums here. Just focus on paying off the debt ASAP. Annual interest on these judgments is currently over 15%. Do the math yourself.
John Clark6 John Clark6 Regular
290 messages
joined Jun 2011
#1099 ·
Ashley White said:Thanks for the input. Here's the deal: I don't have a steady paycheck right now because I'm unemployed, and the debt isn't even that astronomical—it's about $1,750. It all stemmed from losing a first-time homebuyer tax credit. I tried to set up a payment plan, but since I couldn't even manage that, the seizure was triggered—starting with the IRS...
If I've grasped this correctly, a divorce would shield me if the government decides to get aggressive about marital property, but since the amount is relatively small, they probably won't bother, right? So, can I just save the car by transferring the title to my wife?

They actually came after me for the exact same thing! Apparently, they got a list straight from the top of the Department of Homeland Security—or maybe the IRS—of everyone who transferred property titles recently. And get this—under the new laws, that's actually allowed now! I mean, once you divorce, if you used those specific tax breaks, you shouldn't be hit with a "penalty" as long as the asset is transferred to your spouse. I really hope you've double-checked all the fine print on that, because I ended up filing appeals on basically every possible ground! There are so many moving parts—like the statute of limitations for reopening a case, whether the new laws apply to your specific timeframe, and so on... it's a bit of a maze, I guess.
hollowmason64 hollowmason64 Regular
411 messages
joined Jan 2016
#1100 ·
rowdyraven112 said:I’d bet my life they delivered it. The issue is the "helpful neighbors," the "nice mailman," the "mailing address vs. residential address" mess, and plain old ignorance.
First off, let's talk about ignorance. These things start with massive bold letters saying MOTION FOR LEVY, and only much later, in tiny print, do they mention the actual details. Most people see that and think, "Oh, just some warning." Even the rare few who bother to flip the page and see the notary stamp think it's just a notarized warning. It's a direct consequence of how they phrase these "warnings."
Then there's the stupidity of thinking you can just fight back by claiming the system is "broken" because they can't freeze your account if you didn't receive the notice. Instead, the notice just gets posted on the court bulletin board and suddenly it's legally binding.

The "good neighbor" syndrome—where everyone is buddies with "George the mailman"—is a huge problem here. A neighbor grabs your legal mail while you're on vacation, tosses it in your box, or just sits on it for six weeks before handing it over.

Then you have the "good mailman George" syndrome, where he signs for your legal documents himself, leaves them by the door, and then the wind or some nosy neighbor does the rest.

On top of that, there's the whole residency issue. The mailman can't find you at your current address because you're renting, so they send the levy to whatever address is on your ID. Then we're right back to the "good mailman," the "good neighbor," or the court bulletin board loop.

This isn't even everything; it's just a fraction of what happens under the "I never got the notice" excuse. Sure, some levies have actual errors, but those are one in a thousand and get fixed fast—like a wrong Social Security number, for example. Unfortunately, the law doesn't offer any compensation for the victims, which is why these cases end up making the news.

It’s exactly because of all those headaches you mentioned—and the constant mess involving SSNs—that they're looking to fix this in the new bankruptcy law.

When does that actually kick in? September 1st?

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