CheckEmoji Community · the emoji forum
🏠 Home 🆕 What's new ❓ Unanswered 🔥 Popular 📡 RSS Members 👥 0 online log in · register
Home › Society › Law › Wage garnishments and collections

Wage garnishments and collections

Started by Douglas Morgan3 · · 👁 17 views · 2.1K replies

📡 Subscribe to replies

Participants Douglas Morgan3Kimberly Barnes8Jesse Mendoza60redcrane22John Clark6Benjamin Taylor6crimsonsailor7frozenbison60Daniel Martinez9Scott Johnson66Keith Parker3Frank Garcia85mistylynx55Michael Gonzalez6urbanorca91John Myers48Jack Palmer4Rebecca White4Nicholas Nguyen4Arthur Smith56nimbleheroncasualcyclist18Linda Fowler2Matthew Wilson59 …
ruggedmaker2 ruggedmaker2 Regular
469 messages
joined Mar 2018
#121 ·
Look, if you owe the IRS anything, they’re just going to snatch that tax refund right out from under you to cover the tab.
And what makes you think someone wouldn't be able to just pull some cash out at the IRS?
Back in the day, you could even grab cash at the local Post Office, though I honestly can't remember if they still allow that.
ruggedmaker2 ruggedmaker2 Regular
469 messages
joined Mar 2018
#122 ·
If you take what’s written on the FINRA website literally:
"FINRA executes levies on citizens' monetary assets, covering all accounts and term deposits across every single bank, based on the debtor's social security number, without needing their consent." If that's the case, it sounds like FINRA can't touch any cash you've got tucked away outside of a bank account.
But let's be real... everything in this country is such a bureaucratic nightmare, and there's always a way to twist the rules to fit whatever agenda they're pushing at the moment.🤷
electricangler electricangler Member
21 messages
joined Mar 2013
#123 ·
ruggedmaker2 said:If you take what’s written on the FINRA website literally:
"FINRA executes levies on citizens' monetary assets, covering all accounts and term deposits across every single bank, based on the debtor's social security number, without needing their consent." If that's the case, it sounds like FINRA can't touch any cash you've got tucked away outside of a bank account.
But let's be real... everything in this country is such a bureaucratic nightmare, and there's always a way to twist the rules to fit whatever agenda they're pushing at the moment.🤷

Right, I get it. It's confusing for everyone because technically it isn't sitting in an account...
Thanks for the reply 🙂 If anyone else has actual firsthand experience dealing with refunds or levies... 🙂
crimsonsailor7 crimsonsailor7 Active Member
214 messages
joined May 2010
#124 ·
Lawrence Reed3 said: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.

Look, you can't really appeal this yet because this isn't an official ruling—it's just their way of leaning on you to pay up... The courts will eventually deal with your objection, it's just that things move incredibly slow over here in the States...
Lawrence Reed3 Lawrence Reed3 Active Member
141 messages
joined Dec 2021
#125 ·
crimsonsailor7 said:Look, you can't really appeal this yet because this isn't an official ruling—it's just their way of leaning on you to pay up... The courts will eventually deal with your objection, it's just that things move incredibly slow over here in the States...

Well, let it take its time then! Maybe I'll have enough money saved up by the time it actually happens. Thanks for the reply!
crimsonsailor7 crimsonsailor7 Active Member
214 messages
joined May 2010
#126 ·
And don't forget to tack on all those extra legal fees and processing costs too...
Keith Reed62 Keith Reed62 Newcomer
8 messages
joined Mar 2013
#127 ·
If I'm paying via recurring automatic transfers from my checking account, is keeping a copy of the contract enough, or should I also be archiving every single transaction and bank statement?
For instance, things like supplemental health insurance premiums or similar...

On another note,

Just out of curiosity, let's say a bill or a fine goes unpaid—say an invoice for $X arrived at a house back in 2001, and it was never settled. Has the statute of limitations run out, and can a company still legally pursue collection?
Let's assume there hasn't been any activity since 2001—no reminders, no liens, no court orders—and 12 or more years have passed...
Eric Lee7 Eric Lee7 Newcomer
4 messages
joined Feb 2013
#128 ·
[QUOTE=ruggedmaker2;43749020]Eric Lee7, everything I mentioned above was just the take from NPR and their group of experts.
Honestly, it feels like there are so many different ways to read this whole situation—it basically just comes down to who gets lucky with the interpretation.[/QUOTE[/QUOTE]
ruggedmaker2 ruggedmaker2 Regular
469 messages
joined Mar 2018
#129 ·
Eric Lee7, check out this opinion that just dropped regarding the latest Regulation:

Since I'm stuck handling wage garnishments, I've been digging through about a hundred pages of fine print.
I even went and picked the brains of two different lawyers specializing in enforcement law, and honestly? They all said the exact same thing:
we have to follow this while it's on the books, but if someone—maybe one of the big banks or some other entity—challenges its constitutionality, this Regulation probably won't last long at all.

See, in the real world, things aren't always black and white. Life is messy and complicated, and this kind of interpretation just makes everything ten times more difficult.
But hey, that's a whole other conversation.
Jerry Alvarez7 Jerry Alvarez7 Newcomer
5 messages
joined Mar 2013
#130 ·
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%?

Until December 31, 2007, the statutory default interest rate was 15%. Since January 1, 2008, it has been determined for each current half-year at the level of the Federal Reserve discount rate in effect on the last day of the previous half-year plus 5% (for relationships between legal entities and individuals).

Right now, it stands at 12%.
Eric Lee7 Eric Lee7 Newcomer
4 messages
joined Feb 2013
#131 ·
ruggedmaker2 said: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.

Eric Lee7

Thanks for the heads-up about reaching out to the Consumer Protection Agency. That would be wonderful—to quote Mabel from "Bell, my lord"—but goodness, I can't even remember the last time I had any actual cash left over for... well, anything! As for the Legal Clinic, I have been so incredibly happy with them. From the very first moment they connect with someone coming in looking for legal advice or help, they are just so kind. They’re always ready to break down those confusing legal terms and jargon, they stay totally professional, and they really go the extra mile to make sure the info they give is spot on.
The latest news is that starting this month, banks ARE NOT ALLOWED to garnish more than one-third of anyone's income. Apparently, they are adjusting all salaries and Social Security checks this month where the garnishment was exceeding that one-third mark, so maybe people around here will actually survive the month.
And finally, some coffee: Warm regards!
Carol Moore7 Carol Moore7 Newcomer
2 messages
joined Mar 2013
#132 ·
Hi,

About a year ago, I
received an enforcement order based on an affidavit from a notary public.

The affidavit in question is a contract I signed with an educational institution.
It turns out later that the contract wasn't even drafted in the legally required format.

How is it even possible for a notary to issue an enforcement order if the underlying contract isn't in the proper legal form—meaning, it’s essentially void?
When issuing an order like this, isn't the notary obligated to verify that the contract actually meets all the statutory requirements?

edit: I filed an objection, and my first hearing is scheduled for next week.
Sandra Fisher60 Sandra Fisher60 Newcomer
3 messages
joined Mar 2013
#133 ·
Hey there...

I’ll apologize in advance if I say anything that doesn't quite add up. I’m certainly no expert on legal proceedings or the specifics of debt collection, and I have absolutely zero firsthand experience dealing with these types of predatory lending companies...

Back in 2009, I was pretty young and naive. I signed a contract with AT&T to switch over to a monthly plan, which included getting two mobile phones—Oreo models—plus a USB stick for internet access. Even though the lady at the retail location swore up and down that AT&T was so reliable that my monthly bills would never exceed... $67Because the initial rate was set that high (unless you went over the limit), things took a turn after about four and a half months. Suddenly, we started getting hit with these astronomical bills that were climbing as high as... $333It was the exact same story with their internet service; everything seemed perfectly fine at first, strictly by the book, but then the bills started rolling in... $500 If I weren't the absolute last idiot on this planet—someone who doesn't eat, doesn't sleep, and just spends every waking second glued to the internet—I know for a fact I wouldn't have been able to spend them...

I’ve reached out to the folks over at AT&T several times now, trying to get a straight answer on how I managed to burn through all that cash. I specifically asked for a printed statement because my balance checks didn't show me going over my limit, and honestly, I was getting so desperate that I started keeping a handwritten log on scraps of paper—tracking exactly how many minutes I spent on the phone with them and how much I was being charged for each call. But the representative at AT&T just gave me this "well-reasoned" lecture about how I clearly spent the money, without offering any actual explanation or breakdown. I've requested a formal printout multiple times, but of course, I haven't received a single one... Unfortunately, regarding what I'm discussing today, I don't have a shred of physical evidence left. Back when I was younger and more naive, I was meticulous about paying my bills on time, essentially handing over almost everything I earned to "valued" customers like AT&T. Eventually, I decided to cut ties completely by canceling my internet service and both mobile lines, yet they kept sending me invoices for amounts I had already settled, along with their predatory associates, Tony and Boric. Luckily, I did hang onto all my payment receipts. I even faxed them twice, only for them to tell me that everything was cleared, that there had been an error, and that since the balance was zero, I had no further business with them...

I’m honestly relieved to have finally shaken off that parasitic crew and moved on with my life. I thought I was done with AT&T and their lawyers, especially since they were the ones who explicitly told me everything had been settled and all my bills were paid in full. In the time since, I've been dealing with some health issues, and because I hadn't worked for five years, I wasn't really touching my bank accounts—I wasn't even checking them. Everything seemed fine until about a month ago when I finally landed a job. Feeling good about things, I headed over to Chase to withdraw a little bit of cash. That’s when the lady at the bank dropped a bombshell: my accounts are completely frozen, and I can't touch a single cent. I rushed straight over to FINRA to figure out what was going on, only for the agent there to inform me that AT&T placed the hold on my accounts and that I apparently owe them over $3,000...

After nearly having a heart attack, I opened up a protected account and reached out to AT&T. Of course, they have absolutely nothing to do with this; instead, everything was hijacked by their legal firm—which is basically just a bunch of loan sharks. I then called the collection agency, but they refused to give me any actual clarity on the situation. All they would tell me was that they had charged me for a debt owed to AT&T, specifically regarding two mobile devices I supposedly owe money for due to early contract termination, totaling around 4... $0.00 Individually, those USB drives totaling... $500I’m honestly not sure why they’re hitting me with such a massive charge for every single device. There's no way an LG I picked up back in 2009 was worth four hundred bucks... $0.00Look, I’ve been on this subscription for just under a year now, so there is a very high probability that I’ve already paid off at least a portion of the device itself. I’m not sitting here claiming I’m 100% right—I made it clear from the jump that I don't fully grasp the legalities, especially when it comes to the specifics of collections and garnishments. I have an appointment scheduled with my attorney in a week, but until then, I’m stuck just trying to wrap my head around all of this. That’s why I came here to get some actual information, because everything I read online is incredibly vague and everyone seems to be telling a different story. Meanwhile, the people over at the lending firm are being completely uncooperative and refuse to provide any real breakdown of their fees...

I’ve officially requested a resolution from FINRA. The core issue here is that absolutely no one bothered to notify me that I had any outstanding debt. Let’s be clear: I personally reached out to both the predatory lending firm and my AT&T representative multiple times to verify if my accounts were settled, and they both explicitly assured me that everything was paid in full. Since I wasn't working at the time, I had no way of knowing that my bank accounts were being frozen. According to the paperwork, a notary verified the claims made by the law firm representing the lenders back in 2011. However, I never received a single piece of paper at my home address—no notice of execution, no formal notification, nothing to inform me that I owed money to AT&T, let alone that legal action was imminent. Granted, I moved during the summer of 2011 (though the decision was issued in April), but I updated my information with the local police department accordingly. Furthermore, as I understand it, once a notice isn't received after two attempts, the notary is supposed to post a notice publicly. Whether they actually did that or not is impossible for me to determine; the notary involved is trying to squeeze me in Cleveland, while I am located in Miami, and the lenders themselves are operating out of New York. The jurisdictions don't even align. Because I was never notified, I was effectively stripped of the eight-day window to file an appeal that the law is supposed to guarantee me. If I truly owed money to AT&T or those lenders, the only way I could have known would have been through reading tea leaves or staring into a crystal ball... and that's just not how I operate...

Here is what I am actually trying to figure out—how can I stop these predators from getting their hands on my hard-earned money, or any money I manage to make down the road? Is there any actual legal ground I can stand on to dodge this predatory lending and usury? Of course, they’ve already billed me at the highest possible rate. I realize I have to settle my debts with AT&T for charges I wasn't even aware of, despite checking multiple times; they just played dumb, acting like they had no clue, even though I feel like I've already overpaid them several times over due to those astronomical, baseless bills they keep sending. But I refuse to cave to these interest-gouging sharks and their cohorts, especially since nobody bothered to notify me about anything. On top of that, the notary they require is all the way across the country from where I live, which, as far as I know—and I don't know much—seems to fly in the face of the law. Another thing on my mind: what happens (assuming I'm not just hallucinating that I have rights) if I don't pay off the full debt before the statute of limitations runs out, which is ten years? All I have right now is my meager little paycheck; I certainly don't have the kind of funds people usually lose to these companies through their real estate grabs. If they fail to collect their interest after the statute expires, am I going to end up in jail?...

I should mention that the people I've approached for clarification have become incredibly unpleasant, if not outright aggressive, particularly when I bring up the fact that the notary should be local to my area. They claim "the law was different back then." However, other people tell me nothing has changed recently, at least not regarding this specific issue.

Thanks in advance for any answers or legal advice!
Peter Martin45 Peter Martin45 Newcomer
6 messages
joined Mar 2013
#134 ·
If you paid everything on time and canceled the contract properly, I don't get why they froze your account. Usually, you'd receive a proposed settlement notice first—which, based on what you wrote, you haven't seen. If you don't contest it, they move toward a freeze, but in your case, it sounds like you weren't even notified or asked to sign anything. Your best bet right now is to call a law firm and a notary to figure out your next steps. Gather all your paperwork and find an attorney; honestly, plenty of lawyers would take this case. You should sue AT&T. I mean, seriously, if the bills were paid, they have no right to lock up your money.
Sandra Fisher60 Sandra Fisher60 Newcomer
3 messages
joined Mar 2013
#135 ·
Peter Martin45 said:If you paid everything on time and canceled the contract properly, I don't get why they froze your account. Usually, you'd receive a proposed settlement notice first—which, based on what you wrote, you haven't seen. If you don't contest it, they move toward a freeze, but in your case, it sounds like you weren't even notified or asked to sign anything. Your best bet right now is to call a law firm and a notary to figure out your next steps. Gather all your paperwork and find an attorney; honestly, plenty of lawyers would take this case. You should sue AT&T. I mean, seriously, if the bills were paid, they have no right to lock up your money.

Dear Peter Martin45, thank you so much for the response. 🙂

However, I did pay all my monthly bills for calls, texts, and everything else. But since I terminated my contract early, I ended up having to pay for two phones and a USB drive that I picked up when I switched to a plan. I had no idea about this because the representatives at AT&T told me twice that I was completely finished with them and that my balance was zero—I called them twice specifically to confirm that.

The point is, I had absolutely no clue I owed them anything. AT&T never sent me a bill, nor did those predatory sharks, Tony and Boric, notify me about any debt or the initiation of legal collection proceedings. On top of that, the notary is out in Cleveland instead of my hometown, so there was no way for me to be notified. For two years, they've been charging interest against me while I remained completely in the dark, especially since I haven't even used the account. I'm seriously worried that their procedures don't actually align with federal law...😢
Peter Martin45 Peter Martin45 Newcomer
6 messages
joined Mar 2013
#136 ·
Sandra Fisher60 said:Dear Peter Martin45, thank you so much for the response. 🙂

However, I did pay all my monthly bills for calls, texts, and everything else. But since I terminated my contract early, I ended up having to pay for two phones and a USB drive that I picked up when I switched to a plan. I had no idea about this because the representatives at AT&T told me twice that I was completely finished with them and that my balance was zero—I called them twice specifically to confirm that.

The point is, I had absolutely no clue I owed them anything. AT&T never sent me a bill, nor did those predatory sharks, Tony and Boric, notify me about any debt or the initiation of legal collection proceedings. On top of that, the notary is out in Cleveland instead of my hometown, so there was no way for me to be notified. For two years, they've been charging interest against me while I remained completely in the dark, especially since I haven't even used the account. I'm seriously worried that their procedures don't actually align with federal law...😢

Look, they were supposed to notify you about the debt, and failing to do that is their mistake. It's the same for lawyers or a notary; they have to send a notice before freezing an account. That's why I think you should just hire a lawyer and sue them. It took them way too long to pile on the interest. Five years? If I remember correctly—and someone might correct me—that should have gone past the statute of limitations, so I don't get why they froze your account. Regardless, get a lawyer and fight it. You shouldn't have to pay for their negligence and rudeness.
Sandra Fisher60 Sandra Fisher60 Newcomer
3 messages
joined Mar 2013
#137 ·
Peter Martin45 said:Look, they were supposed to notify you about the debt, and failing to do that is their mistake. It's the same for lawyers or a notary; they have to send a notice before freezing an account. That's why I think you should just hire a lawyer and sue them. It took them way too long to pile on the interest. Five years? If I remember correctly—and someone might correct me—that should have gone past the statute of limitations, so I don't get why they froze your account. Regardless, get a lawyer and fight it. You shouldn't have to pay for their negligence and rudeness.

Thanks again... I just want to be one hundred percent certain I'm on solid ground before I move forward. I need to make sure that, on top of dealing with these predatory lenders and loan sharks (and yes, I'm using those terms specifically so a real attorney doesn't take offense), I won't end up getting fleeced by the legal fees too. Once I'm sure, then I can go all in.

Bottom line is, I haven't received a single resolution—nothing. No invoice, no official notice, absolutely nothing. Unfortunately, the statute of limitations here is ten years. And honestly, I don't even know what happens if the debt isn't settled within that timeframe, since I don't own any real estate or significant assets, and at this rate, I won't be acquiring any. Plus, it looks like my company might fold soon, so I'll probably be back on unemployment or maybe heading back to college... 😬

Anyway, thanks for the replies. It helps knowing I actually have a shot at making them pay for their arrogance, their rudeness, and the mental toll this has taken on me. I haven't slept or eaten properly in a week—living almost entirely on anti-anxiety meds. To make matters worse, whenever I call to lodge a complaint, these sharks just shrug and say, "Not our problem." My complaints are centered on the fact that I never received the bills or the notices, and also the fact that the notary involved should be based in New York, not some random office in Chicago. If I have any legal standing at all, I am going to do everything in my power to turn this around and make it their problem...
Peter Martin45 Peter Martin45 Newcomer
6 messages
joined Mar 2013
#138 ·
You should definitely talk to a lawyer about this. It’s the best move. Come to think of it, if you already paid an early termination fee to break your contract, they shouldn't be coming after you for equipment payments—you probably have the paperwork to prove the agreement was terminated. As for the notary issue, I’m actually dealing with a dispute with Optima over in Cleveland right now, and my notary sent over a collection proposal from there. I'm not sure if it has to come from your specific city, since I don't even live here. Honestly, that part isn't usually their problem; just find a solid attorney and go from there.
crimsonsailor7 crimsonsailor7 Active Member
214 messages
joined May 2010
#139 ·
Sandra Fisher60 said:Thanks again... I just want to be one hundred percent certain I'm on solid ground before I move forward. I need to make sure that, on top of dealing with these predatory lenders and loan sharks (and yes, I'm using those terms specifically so a real attorney doesn't take offense), I won't end up getting fleeced by the legal fees too. Once I'm sure, then I can go all in.

Bottom line is, I haven't received a single resolution—nothing. No invoice, no official notice, absolutely nothing. Unfortunately, the statute of limitations here is ten years. And honestly, I don't even know what happens if the debt isn't settled within that timeframe, since I don't own any real estate or significant assets, and at this rate, I won't be acquiring any. Plus, it looks like my company might fold soon, so I'll probably be back on unemployment or maybe heading back to college... 😬

Anyway, thanks for the replies. It helps knowing I actually have a shot at making them pay for their arrogance, their rudeness, and the mental toll this has taken on me. I haven't slept or eaten properly in a week—living almost entirely on anti-anxiety meds. To make matters worse, whenever I call to lodge a complaint, these sharks just shrug and say, "Not our problem." My complaints are centered on the fact that I never received the bills or the notices, and also the fact that the notary involved should be based in New York, not some random office in Chicago. If I have any legal standing at all, I am going to do everything in my power to turn this around and make it their problem...


Seriously, I need you to just drop this and stop...
Brenda Cook4 Brenda Cook4 Regular
373 messages
joined Sep 2010
#140 ·
If there’s a cross-border component involved, is an American payment order mandatory if the creditor kicks off a direct debit process? Or does that effectively rule out filing an enforcement proposal with a notary?

See, the Regulation (and the Consumer Protection Agency) makes it pretty clear that a creditor can pick their own lane when it comes to the type of proceeding—meaning they could opt for standard litigation or even arbitration. But if they decide to go the enforcement route via a payment order, are they strictly locked into using an electronic payment order?

You must log in or register to reply here.

Log in Register

🔗 Similar threads