Wage garnishments and collections

John Clark6 said:Regarding your inquiry, there are a few key things to consider, so you'll have to connect the dots regarding what you needed to do and when...
First and foremost, you don't send an appeal to Scalia; you send it to the notary who issued the order. If you sent it to the first guy, then... well, that's on you, I guess.
The statute of limitations gets interrupted once the notary receives the motion for enforcement, and that's the date that really matters. Just because you received the notice three years later doesn't mean the statute of limitations (which is usually just a year, by the way) has run out...
The motion for enforcement is sent to your registered address via the local authorities. If you moved or were living somewhere else while your official address was listed elsewhere, your notice likely ended up posted on a courthouse bulletin board.
There are certain legal remedies outside of the standard process, but those only apply if you haven't already tripped up on the things I mentioned above.

copperfox172 said:Hey. The mailman dropped off a foreclosure notice from a notary for my husband today.
He owes money to Chase. We’re both unemployed right now. He's out looking for work.
Quick question: can they just hit his account, or does it automatically come after my funds too since we're married?
We have a mortgage on our place. Is there any way to protect the house? Even if the bank technically holds the title until the loan is paid off...
Thanks for the help.

Angela Wright4 said:Where could the money have gone???

An account levy has started on my checking account following a court judgment.
I’ve been looking at my transaction history. My bank claims—and even provided a statement showing—that they transferred about $333 to the seizure account.
Then I check with the IRS, and they give me their own transaction report. According to their records, the amount collected via the levy was $167.

The actual amounts involved are much higher, but there is this consistent 2:1 discrepancy. What could possibly happen to the difference in funds that the IRS doesn't see, even though the bank insists they already sent it out??? Who do I contact to get this investigated? Everyone seems to be playing by their own set of rules and pointing fingers, while I'm just left here wondering where the money actually went. Seriously, who should I reach out to...

Angela Wright4 said:Sure, they might be taking some, but are we really talking about thousands upon thousands of dollars? I mean, we're bordering on tens of thousands at this point, right? It just doesn't seem possible...

rowdycrane1 said:Six months down the road.

hollowmason64 said:If the garnishment is specifically against your husband, then it should only affect his individual accounts.
As for the house—it's possible that if the bank can't collect from his accounts, they might eventually shift their focus and file a lien against the property itself. But honestly, that usually depends on how much is owed.

ruggedmaker2;54343360 said:Since we're talking about an enforcement based on a court judgment, I suspect the process works a bit differently.
Once they have the paperwork in order, the IRS notifies the bank regarding the seizure, and the bank moves those funds into a specific holding account for a set period.

If the IRS doesn't receive a court order staying the execution or a ruling declaring the seizure void within that timeframe (I can't recall the exact number of days offhand), then the IRS finally instructs the bank to transfer the money from that holding account.

I believe you'll find the specifics somewhere in Section 206 of the Bankruptcy Code. 🤔[/QU

In practice, the IRS calculates its fees and interest the same day they receive a seizure request based on a court judgment. If the debtor has enough liquid assets, the funds are pulled immediately and moved into a dedicated IRS account. Once that sixty-day window closes without any legal intervention, the IRS transfers those seized funds over to the creditor's account.

ruggedmaker2 said:So, that’s exactly why the bank statements and the IRS records don't match up.
Basically, the cash sits in some kind of holding account at the IRS for about 60 days—I don't know the technical nitty-gritty behind it, honestly—and only after that period does the IRS list actually show the money being transferred to the creditor's account.
That’s my take on it. I think everything is totally fine with what Angela Wright4 is seeing. Nobody is out here "hiding" anyone's money; it just isn't showing up on the creditor's payment list yet because that clock hasn't run out. Once the time passes and the transfer hits, it'll pop up right there on the 🤔.

copperfox172 said:We're staying current on the mortgage. The garnishments on his Chase account are actually several different ones. Between the penalties and the loans, it's a mess.

John Perez4 said:So, AT&T and the IRS just hit me with some massive levy, and they actually managed to pull money right out of my account for some old debt from nearly a decade ago—some ancient landline bill.
I never even got a single notice that they were coming after me because I moved away from that address before this debt was even a thing.

The notary told me someone apparently signed for a certified letter that I never even laid eyes on. What am I supposed to do when someone else signs for my mail and then just... doesn't give it to me?
But here’s the kicker: AT&T is being incredibly shady and won't tell me exactly when my subscription ended, even though I’m telling them I canceled the service way before this debt ever existed.

Are they legally obligated to hand over those dates, or am I just expected to take their word for it?
And if (or when) it turns out they're full of it, what kind of moves can I actually make to fix this?

Rebecca Morris10 said:Hey there.
Here’s my situation:

1. I received an enforcement order from a notary acting on behalf of Hanžeković, who is representing Eko-flor.
2. Since I have all my payment receipts ready to go, I filed an objection to the order.
3. Then, the District Court ruled that Eko-flor is dropping the whole proceeding.
4. However, the District Court also ruled that I'm on the hook for $33 court costs related to my objection.
5. I paid those within the 8-day legal window.

Question:
Who do I actually send a request to for a refund of those $33 costs—seeing as this wasn't my fault in the first place?

I dealt with something similar last year, except back then they didn't drop the case, so the costs were a bit higher (around $110). In that instance, Eko-flor just wired the money back to my account without any drama. I just can't remember if I sent that request directly to them or to the District Court.

Thanks.