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Wage garnishments and collections

Started by Douglas Morgan3 · · 👁 14 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 …
Kevin Bailey56 Kevin Bailey56 Newcomer
2 messages
joined Feb 2013
#101 ·
I was wondering about the best way to go about filing a lien against property for child support payments
Thomas Williams10 Thomas Williams10 Newcomer
1 message
joined Feb 2013
#102 ·
So, I just got hit with a legal summons from Verizon for $22 today. This is literally the first bill I’ve ever seen from them—no warnings, no past-due notices, nothing. Now the total has ballooned to $150
.
Does anyone have any advice on how to handle this so I don't get completely screwed over? I need the most cost-effective way to settle this... maybe setting up a payment plan or something similar.

Thanks in advance.
Eric Lee7 Eric Lee7 Newcomer
4 messages
joined Feb 2013
#103 ·
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.

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.☕
Daniel Martinez9 Daniel Martinez9 Member
38 messages
joined Jan 2013
#104 ·
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.☕

Sorry for the skepticism, but you should double-check that info.
Getting legal advice from students is a joke, no matter how hard they try. Before even thinking about the Supreme Court, talk to the Public Defender. And don't let them brush you off; stay persistent until someone gives you actual instructions on what to do. Most offices will just tell you they're too busy, take your info, and then send you a canned rejection letter two weeks later... basically telling you to go somewhere else.😉
ruggedmaker2 ruggedmaker2 Regular
469 messages
joined Mar 2018
#105 ·
Perida2910, look, what I wrote up there was just the take from the CBO and their group of eggheads.
If you ask me, the whole thing feels like a giant game of interpretation—it basically just comes down to who can twist the rules to their advantage.
briskdrifter55 briskdrifter55 Newcomer
1 message
joined Feb 2013
#106 ·
Verizon blocked my account exactly two years ago, and they haven't managed to collect a single cent since then. I was wondering, is there any chance the statute of limitations on collections has kicked in yet?
Christian Sanders69 Christian Sanders69 Newcomer
4 messages
joined Jan 2013
#107 ·
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 John Clark6 Regular
290 messages
joined Jun 2011
#108 ·
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?

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.
Christian Sanders69 Christian Sanders69 Newcomer
4 messages
joined Jan 2013
#109 ·
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.

Hmm, so does that mean I actually need to go talk to the notary to verify this?
Here is exactly what it says
Subject: Garnishment Proceeding under No. Garn2502/06
Notary xy
(unpaid fees for 07-12/05)

Dear Customer, please settle your debt in the amount of .....USD by paying into account ....

I originally thought that "/06" meant the year 2006, but if that's the case, what does it mean that they just kept this sitting in a drawer for years and finally decided to send it out now?
Rachel Anderson3 Rachel Anderson3 Newcomer
2 messages
joined Feb 2013
#110 ·
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 John Clark6 Regular
290 messages
joined Jun 2011
#111 ·
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...

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.
Patrick Brooks93 Patrick Brooks93 Member
10 messages
joined Feb 2013
#112 ·
Just saw the most insane news on my banking app—they snatched almost $1333 from me, labeled as "forced collection per IRS order." I'm 23, a college student, and literally have zero income besides an allowance. I’ve never even been in the red, never signed up for subscriptions, never co-signed anything, nothing. Back when I was 17, I was in a language school and missed one last payment of about $167. Then came the notices, telling me I had to cover court costs of $67... and still, nothing. This summer, I got hit with a notice saying I owed $200 plus $33 or face seizure, so I just paid it immediately via my app to make it go away. Now this happens. I'm freaking out, spiraling, trying to figure it all out. It's too late to head down to the IRS office and the bank won't give me any straight answers—all they say is what I already told you. Is it possible they messed up the math and it ballooned to $1333, and now they're coming after me for that? I am seriously losing it 😢
John Clark6 John Clark6 Regular
290 messages
joined Jun 2011
#113 ·
I'd say you should definitely ask them to hand over the specific details regarding the garnishment—specifically, which case number they're filing under. If I’m not mistaken, they are actually obligated to provide that information to you—though, I suppose, they might try to tack on a small processing fee 🙂 along the way
.
Patrick Brooks93 Patrick Brooks93 Member
10 messages
joined Feb 2013
#114 ·
Just got back from the post office and some enforcement notice just landed in my lap. I knew it—it’s about that Vodnikov language school. Apparently, they sued me way back in 2007 when I wasn't even 18 yet. Now they're claiming I dodged the bill and they're coming for everything, including interest totaling $667 plus court fees, more interest, and that monthly payment of $333. I've only got 8 days to file an appeal. Is it even worth fighting this? Back then, I was a minor, so my mom signed the contract, not me. Since then, all I've heard is that I owe court costs of $67, and then this past summer I got a demand for 200 plus $33 which I already paid. Does anyone know what the statute of limitations is for something like this?
Rachel Anderson3 Rachel Anderson3 Newcomer
2 messages
joined Feb 2013
#115 ·
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.

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%?
Brian Edwards6 Brian Edwards6 Active Member
112 messages
joined Nov 2015
#116 ·
The other day, my wife casually mentions that it's the 12th.👍
John Clark6 John Clark6 Regular
290 messages
joined Jun 2011
#117 ·
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%?

It's 10 years, 100%🙂
swifthawk15 swifthawk15 Newcomer
1 message
joined Feb 2013
#118 ·
Hey! So, I’ve got two outstanding bills—one with AT&T and one with T-Mobile. I recently went down to the IRS to find out exactly how much I owe, and now that I've finally scraped the full amount together—both debts combined—I’m planning to head out and settle everything tomorrow morning! Can someone please walk me through how this actually works? Do I pay the IRS directly, or do I go straight to AT&T and T-Mobile? And am I going to be hit with extra fees from the IRS on top of what I already owe? I've been searching everywhere for answers, but I can't find anything, and nobody is even picking up the phone at the IRS info line...
Lawrence Reed3 Lawrence Reed3 Active Member
141 messages
joined Dec 2021
#119 ·
Hey everyone! I’m reaching out because I’ve run into a bit of a headache, and I was really hoping someone might have some advice on how I should handle this.
About a year and a half ago, I got hit with an enforcement notice from the law firm Hanžeković and Radaković, who are representing AT&T regarding some unpaid debt. I actually jumped on it pretty quickly—I sent over my contract and requested a payment plan. Plus, I filed a formal dispute because AT&T tacked on this massive bill that I never even received! It covered a five-month stretch from back when I wasn't even using their services anymore, and it basically doubled the entire amount they claim I owe.
Since then, I haven't heard a single word back about my dispute—nothing! All I found out was that the whole thing had been passed along to the court system.
Then, today, I find this letter in my mailbox that says: "
Subject: Enforcement Proceedings
To whom it may concern,
We are contacting you as legal representatives for our client, AT&T... regarding the enforcement proceedings initiated under the decision...,; primarily to request that you pay the full outstanding balance into AT&T's account, otherwise, they will proceed with further enforcement actions. (Sent by: Hanžeković and Radaković Law Firm)
So, I’m wondering—is this actually an answer to my dispute, or am I just going to get another enforcement notice in the mail very soon? I’m honestly torn here—should I file another appeal right away, or just wait to see if a formal decision arrives so I can submit another dispute like I did last time? I actually got a letter just like this two years ago, and not long after, a formal enforcement order showed up.
If it’s the same deal this time around, I have no clue what ever happened to my original objection.
electricangler electricangler Member
21 messages
joined Mar 2013
#120 ·
Is anyone actually processing tax refunds right now? Someone didn't provide an account number because they closed their bank account entirely, so the IRS just handed them a sticker and told them to wait for a notice in the mail explaining how they can sign for the refund at the local branch.
I have my doubts about whether you can even pick up the cash directly from the IRS, but who knows...

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