Wage garnishments and collections

Oh man, I honestly think you might be missing the bigger picture here... if you really want to get up to speed on what’s actually going down, maybe try scrolling back through the previous pages? It might help clarify things!

John Clark6 said:Oh man, I honestly think you might be missing the bigger picture here... if you really want to get up to speed on what’s actually going down, maybe try scrolling back through the previous pages? It might help clarify things!

The mistake was entirely on their end, and everything is sorted out now. They didn't block me, and the repayment terms remain exactly as we originally agreed.

As for "John Clark6," take that attitude somewhere else if you don't have anything constructive to contribute to the conversation.

Thanks to everyone who stepped up to help me out—you know who you are.

silentorca47 said:Just wanted to give a heads-up to anyone thinking about trying to fight these enforcement actions in court, just in case you're wondering if it's even worth the hassle:
I got hit with an enforcement notice from AT&T dating all the way back to 2003. With interest, we're looking at roughly $3167, while the principal alone is about $833. I actually worked out a payment plan and managed to knock out four installments of $317 each. In the meantime, I filed a lawsuit because I hadn't received a single notification in eleven years—not even a heads-up that they were starting enforcement proceedings. Since I’d already paid off the principal plus some interest over those four payments, I figured that would be plenty for them. However, at my second hearing today, the judge basically told me straight to my face that I have to pay the entire remaining balance plus legal fees. It feels like the court is totally at fault here, and honestly, it's like I was born in the wrong country. He did mention I could appeal the decision once it's sent to me, but when I asked him what on earth I was supposed to appeal, he literally said, "I don't know."
So, there you have it. If you're planning on going toe-to-toe with them, consider this your warning regarding how things will likely turn out.

Look, a collection isn't legally binding if you never actually received the notice... unless they've been sending it constantly and you've been refusing the mail. If they post it publicly, they consider it served. Now, they're digging these ancient debts out of the closet and sending them out to people again.
And if you made an agreement with them for installment payments or anything else, either you or they have to provide proof of that to the court. Otherwise, the court just keeps moving forward with their own process.

I first got hit with this at the start of the year at my home address. It’s not like I was dodging them or anything; they just weren't sending the notices. Even the judge admitted it was their blunder—apparently, there are over 4,000 similar cases clogging up the local courts because of the same mess this year. Anyway, I went ahead and paid everything, including the principal, and handed the court the confirmation to prove it's all settled.

Trust me, there are way more of them than you realize. I'm working on it down here.
That's fine, I guess. Everyone makes mistakes sometimes... though I don't get why they didn't just approve that payment for you. 👎👎

I mean, why would a judge tell me I was born in the wrong country if there's still a glimmer of hope that I might actually win this thing?

I just received a notice from a notary regarding a collection action for my Verizon bill—not that I want to bore you all with the specifics about the roughly $0.0010 USD owed. Naturally, I’ve got an 8-day window if I want to file an appeal. The problem is, paying the full amount within those 8 days isn't exactly in the cards for me right now. Is there any way to work out a payment plan to prevent them from coming after assets that, quite frankly, don't exist? And if so, who actually holds the cards here? Should I be talking to Verizon, the Hanžeković law firm, or the notary?

I think you’ve missed the boat at this point, but hey, you can always give it another shot. You’ll need to hash it out with whoever you owe—which, if I recall, is Verizon.

driftinghound12 said:I just received a notice from a notary regarding a collection action for my Verizon bill—not that I want to bore you all with the specifics about the roughly $0.0010 USD owed. Naturally, I’ve got an 8-day window if I want to file an appeal. The problem is, paying the full amount within those 8 days isn't exactly in the cards for me right now. Is there any way to work out a payment plan to prevent them from coming after assets that, quite frankly, don't exist? And if so, who actually holds the cards here? Should I be talking to Verizon, the Hanžeković law firm, or the notary?

Call Hanžeković. I had to work everything out through them because they're the ones handling the collections for Verizon. Just make sure you get the installment plan approved in writing...

Hey everyone, I just received an enforcement notice regarding my cell phone bill from last September, October, and November. Since two of those months have actually gone into collections, does it make any sense to contest the enforcement process and try to argue that I should only be paying for the November bill plus the notary fees? The debt was bought out by EOS Matrix; they did try reaching out to me at the time, but honestly, I either didn't have the cash on hand or I just completely blanked on it. Thanks!

Are you absolutely sure both those bills have actually hit the statute of limitations? You really need to check the attachment on the foreclosure filing submitted to the notary, because the statute runs right up until that specific date.

Look, if you decide to fight this, the lawsuit just keeps dragging on, and you'll end up getting slapped with even more legal fees. It’s a bit of a math problem at this point—you need to figure out exactly how much those potentially expired bills are worth. If we're talking pocket change, it’s honestly not worth the headache of an appeal.

What are we looking at for the total foreclosure costs? Are they breaking down the actual incurred expenses versus the projected ones?

Thanks for getting back to me!
The proposal was submitted on November 13th, and the notary issued the decision by the 18th (just keep in mind the statute of limitations for one bill hit on October 15th, and the other on November 15th). We're talking about bills around $67 each, so that adds up to roughly $150 in total.
And yes, the costs were broken out separately; they came about $171, which makes them pretty predictable $169.

So, does this mean I just pay what’s currently due and we’re done with it? 😁

Look, you’re better off just paying off the principal plus interest and any extra fees they tacked on. If you decide to fight this in court, you're looking at a flat legal fee of $208, plus you’ll have to cough up $33 just for filing your objection. Then you still get hit with the collection costs, and before you know it, the pile is massive.

Shoot me a DM and I can run the numbers on the late interest based on whenever you actually pay (just remember, you gotta settle up within 8 days of receiving that seizure notice if you want to stay ahead of it). Let's just get this whole mess over with...

Greetings, I have a question regarding a student who is currently subject to a legal garnishment. He has set up a protected account at a local bank, and Microsoft has already confirmed that this account was successfully established. My concern is whether I can proceed with forwarding his contract to Microsoft as usual. Furthermore, will he actually see any funds land in that protected account, or will everything be seized immediately?

Thank you.

Respectful greetings to everyone... I have a question here, and if anyone could lend some insight, I’d really appreciate it. Basically, it involves an enforcement order—specifically, a garnishment for transferring funds from a debtor's bank account based on an enforcement document—for a total amount of $1476 including interest. Esad, my question is this: how should this be handled when the debtor hasn't had anything in their account or any source of income for years? Would it be a good idea to just deposit that $4,427.30 directly into his checking account so the bank can grab it, effectively closing out the enforcement process and being done with it? This is for my uncle, and I'm thinking about paying it myself just to put an end to the whole thing. Please, I need some help or advice. Thanks, everyone. Best regards.

Brian Long10 said:Respectful greetings to everyone... I have a question here, and if anyone could lend some insight, I’d really appreciate it. Basically, it involves an enforcement order—specifically, a garnishment for transferring funds from a debtor's bank account based on an enforcement document—for a total amount of $1476 including interest. Esad, my question is this: how should this be handled when the debtor hasn't had anything in their account or any source of income for years? Would it be a good idea to just deposit that $4,427.30 directly into his checking account so the bank can grab it, effectively closing out the enforcement process and being done with it? This is for my uncle, and I'm thinking about paying it myself just to put an end to the whole thing. Please, I need some help or advice. Thanks, everyone. Best regards.

In situations like this, I guess you should ask God who else might have placed a lien on that account first—you really need to check with the collections agency to see if that specific order is the only one currently in the queue for payment. Also, it might be better to just call the creditor directly to get the exact, up-to-the-minute balance including interest before you send a single cent. And honestly? I wouldn't go through a collection agency or the government to do it, because they’ll likely hit you with extra processing fees on top of everything else. It’s probably smarter to pay the creditor directly into their account and then have them issue the release to unfreeze the assets.

To whom it may concern,

Regarding the recent developments in my probate proceedings:

On February 20, 2014, during our initial and only hearing, I settled my half of the legal fees as agreed upon with the notary. I received an invoice at that time for $545...

The other heir hasn't contributed a single cent to date.

By June 8, 2014, I received a certified invoice via mail from that same notary for $545. Since I had already paid my portion, I didn't see any reason to respond.

Today, December 10, 2014, I was served with a collection order—drafted by a second attorney through another notary—regarding that unpaid invoice from June...

The inheritance decree clearly states that we are both entitled to equal 50% shares of the estate.

I have filed a formal objection with the notary who initiated this collection, attaching the receipt from the original hearing. When I inquired whether the other heir was facing similar collection actions, I was told there is no record of it. In short, they aren't being pursued.

My question is this: How are heirs expected to split these costs fairly? Why does it seem as though I am being forced to shoulder the entire burden of the proceedings through a legal seizure?!!

I would appreciate any advice or insight you might offer.

Regards.

I’m thinking that you all share joint and several liability—which basically means the creditor can pick whichever debtor they want to go after for the full amount—but then you could potentially file a recourse action against the other heirs to recover their portion of the debt...

John Clark6 said:I’m thinking that you all share joint and several liability—which basically means the creditor can pick whichever debtor they want to go after for the full amount—but then you could potentially file a recourse action against the other heirs to recover their portion of the debt...

Regarding the regulations governing the fees and expense reimbursements for a notary acting as a court-appointed trustee during probate proceedings (as detailed in the Federal Register, issue 135/03), Article 6 specifies the following...

During the probate process, the notary collects their designated fee and reimbursement for expenses directly from the heirs...
Regarding the calculation and collection of fees and expenses—including any potential advances paid toward these costs—the notary shall maintain a dedicated accounting ledger within the file. Regardless of whether these individual amounts are documented separately in the probate records, this ledger will provide a chronological account of all transactions... It would be prudent to maintain a meticulous record of all payments made to each individual heir... The total amount of paid awards and expense reimbursements will be finalized by the billing statement, which serves to confirm whether all such fees and costs have been fully settled...

It appears that if I have inherited a one-tenth share, regardless of whether they decide on their own whim to designate me as the sole individual responsible for the collection process—leaving me to deal with the fallout from the other heirs—how exactly am I supposed to collect the funds...

Under which specific provision of Probate Law does a notary acting as a court-appointed administrator have the authority to collect their fees in such a manner...

I have been unable to locate that specific section of the law anywhere. If someone could point me toward the exact citation, I would be grateful...

Furthermore, if a notary is acting as a court-appointed commissioner during probate proceedings, then it stands to reason that Inheritance Law would apply, specifically under the provisions outlined in Article 191, Section 2...

Legal expenses...

Article 191...

Each party shall bear their own costs incurred during or in connection with the proceedings...
If any shared expenses were incurred, the court will determine how those costs are to be apportioned between the parties...
Upon the motion of one party, the court may determine that the opposing party is liable for reimbursing legal costs incurred due to demonstrably bad-faith conduct...

I truly cannot fathom why the courts or our legislators would create such a self-defeating mess. If I am forced to pursue a claim for damages simply because I was left holding the bill for everything, then the logic behind the law is nonexistent. It leads me to believe that these statutes are either fundamentally flawed or intentionally drafted—perhaps even interpreted—to favor those with the most leverage...

If anyone has a sensible answer, please share it. This situation is rapidly turning into a nightmare... 😠

Hey there,
I could really use some advice here.
Last Friday by total surprise I logged into my online banking and saw that funds had been seized by the clearinghouse. I’m heading down to their office this Monday to figure out what on earth is going on—it looks like a forced collection for some debt owed to the Social Security Administration. When I asked who exactly was initiating the levy, they told me I’d have to pay a fee just to get a printed copy of the seizure order to find out. Apparently, the creditor is the Social Security Administration, acting through a notary public regarding an outstanding claim from June of last year.
However, I’ve been emailing back and forth with the Social Security Administration, and they’re telling me I don't owe them a dime. In fact, they claim I actually have a $5 credit sitting there, especially since the policy in question was canceled way back in July 2012.
Isn't a notary supposed to send some kind of formal warning or notice before they just go after your money like this?
What am I supposed to do now that the money is already gone? Should I be filing a formal complaint with the notary or directly with the Social Security Administration?

Thanks for any help you can give!