#101 ·
I was wondering about the best way to go about filing a lien against property for child support payments
Started by Douglas Morgan3 · · 👁 14 views · 2.1K replies
ruggedmaker2 said:They can actually snatch more than a third of your paycheck or even the whole damn thing if:
- you signed some paperwork notarized before the Uniform Enforcement Act kicked in back in mid-2008.
- the wording in that document makes it crystal clear—like, it explicitly says you agree to let them take your entire salary or anything over that one-third threshold.
I’m guessing you signed some fine print like that before that date rolled around, basically giving them the green light to take everything.
Eric Lee7 said:First off, thanks a million for all the replies to my question! I actually did a little digging afterward and found out a few things:
So, there’s this recent regulation regarding how money garnishments are handled, and someone could technically point to Section 26, Subsection 3, which basically says:
Section 26
(3) Garnishments can only be applied to the specific portion of income allowed under Section 173 of the enforcement law, regardless of any prior consent forms you signed about wage garnishment.
If I were in that spot, I’d try sending a formal written request to the Federal Reserve and my bank to ask for an exemption for two-thirds of my income.
You can also write to your bank to demand an explanation as to why they're withholding your entire paycheck now. Plus, you could reach out to the Federal Reserve for a clarification on why they're honoring those old consent statements that were only valid until June 17, 2008.
And hey, if things get really messy, you can always take it to the Supreme Court to challenge whether these types of legal provisions are even constitutional.
While I was searching through this forum for stuff that might point me in the right direction—you know, looking for help—I noticed so many people dealing with the exact same garnishment headaches. So, I figured sharing this info might actually help some of you tackle your own issues. I got all this info from a legal clinic over on Broadway.☕
Christian Sanders69 said:I’m looking for some advice on a situation I’ve run into:
We just received an enforcement notice from the law firm representing PBS regarding unpaid dues from the second half of 2005—but they actually sent it to the wrong address (they have the wrong house number).
From what I understand, you can claim the statute of limitations if the enforcement action wasn't initiated within the legal timeframe (which I believe is a year in this case). Since this notice just showed up on our doorstep, how can I figure out exactly when the proceedings were officially started? Is there a way to check so we can potentially argue that the debt is expired?
John Clark6 said:Alright, I'll let you in on this, but please—don't go spreading it around 🙂! What you really need to look at is the date the notary public officially received the enforcement proposal. That's the date that actually matters legally, not the day you happened to receive the mail in your mailbox.
Rachel Anderson3 said:I’m looking for some advice here
This whole mess stems from a mobile carrier issue dating all the way back to 2001. Back then, they issued a judgment against me, but since I was working
through the SC, they couldn't actually collect anything until I signed a contract in 2007. That’s when the garnishment hit—they started taking a third of my paycheck.
It only lasted a few months because I had to quit my job due to some health issues, so they only managed to grab three installments. In the years since, I've bounced between
a few different employers, only staying at each for a short stint. During those times, no garnishments ever showed up. It's been six years since they last tried to hit
a third of my wages. My bank account is completely "clean"—no liens, no judgments, nothing.
I am totally lost. Some people are telling me the statute of limitations has passed because it’s been over ten years. Others argue that because they successfully collected a little bit
during that window, the clock didn't reset, but rather starts from that specific date (so, late 2007), meaning ten years still need to pass. Then there's a third group telling me I should call my lawyer
to file a motion to stay the enforcement because more than five years have elapsed. I’m getting a hundred different answers from every direction. Even my wife spoke to someone at the IRS, and she said that since
my account is clear, I shouldn't go poking the bear. I honestly don't know. Is it actually possible that this has officially timed out?? I haven't received a single notice in the mail.
Please, if anyone can offer some guidance or help...
John Clark6 said:If you ask me, I'd say the statute of limitations was interrupted back in 2007 and the ten-year clock started running all over again, simply because they took actual legal action to collect the funds.
Rachel Anderson3 said:Yeah, I’m inclined to agree with you there 😢, but here's the kicker: they made their move after five years had already passed, and now, six years have slipped by since that last attempt... honestly, I've been flagged in their system multiple times in the meantime, but they haven't actually seized a single cent...
So, what's the bottom line here—is the statute of limitations five years or ten? Because if it's actually five, I am seriously considering hiring an attorney to send them a formal notice to cease and desist this entire collection process.
And does anyone actually know what the default interest rate is supposed to be at this point? Is it 12% or 14%?