Wage garnishments and collections

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.

When you file that motion notifying the District Court about the fee you paid, just state that you're proposing an amendment to the stay order—basically asking the court to amend the ruling so the creditor is ordered to pay you back for the cost of filing that objection.

The master thread on LEVY proceedings started nearly 9 years ago. 🤣

🙂 I can't quite remember, but how many times has the Bankruptcy Code been overhauled since 2006?

Quick question—anyone know what's up here? My account is frozen right now, but I went on this game show and won some cash plus travel expenses. I told them over the phone that my account was blocked, and they totally assured me nobody would touch the money as long as I just brought a protected account number. Turns out they might have been lying to me... so now I'm wondering, if I have them deposit it into a protected account, what actually happens?

Look, winnings from sweepstakes or whatever aren't off-limits when it comes to garnishments. They aren't protected. You won't see that money sitting in a protected account. Just check out Article 172 of the Bankruptcy Code if you don't believe me.

And even if you try to make deposits, the cash isn't going to stick. (The only way people can deposit into a protected account is if you personally registered them with the IRS, and then the IRS logs their Social Security number into the system and clears them to pay into that specific account). You’ve got to give this quiz your regular checking account number. And once you do, the garnishment is just going to swallow it whole.

Greetings
I assume many of you were hit by an enforcement notice for some forgotten parking ticket from 2010. Usually, these things should have expired after five years, but I am curious about something. I actually called our dear friends at Berkshire Hathaway because the notary's paperwork doesn't even list an address, a license plate, or a timestamp. They told me the last warning was sent back in 2012 and nothing happened since. Between the interest, the daily fine which was $67 in that zone at the time, and the service fees, the total is roughly $200. Has anyone actually managed to win against this robbery through an appeal or a formal objection? Even the guy at Berkshire Hathaway just shrugged and said, "It's probably best to just pay the 😵
." Thanks

Oh boy... that actually makes things even more complicated for you—especially since there isn't even an absolute statute of limitations to fall back on here...

I honestly think there’s a statute of limitations on this, it's just a damn long one... if I remember right, we're looking at 10 years from when you hit adulthood...

but man, I have no clue if there's some kind of deadline where the clerk is legally required to actually wrap up the case...

copperrider59 said:The statute of limitations for collecting utility bills is one year (correct me if I'm wrong).

I want to know what the absolute deadline is for collecting those debts if the seizure motion was filed on time—meaning within a year of the bill being due.

Second question: Is there a separate statute of limitations that starts running from the moment a notary issues an enforcement order based on an authentic document?

Here’s the deal: the creditor (the utility company) filed the motion on time. But the notary didn't actually send the enforcement order to the debtor until more than three years after receiving the motion (unbelievable, but it just sat in a drawer at JPMorgan Chase for over three years). So, does any statute of limitations apply here? And if not, when does it kick in?

Simple answer to a simple question: There is no statute of limitations in your case...

Henry Anderson7 said:The master thread on LEVY proceedings started nearly 9 years ago. 🤣

🙂 I can't quite remember, but how many times has the Bankruptcy Code been overhauled since 2006?

Exactly seven times. Like the Seven Dwarfs... 🙂

Federal Register updates: 88/05, 121/05, 67/08, 139/10, 112/12, 25/13, 93/14

Correct me if I'm wrong.

I mean, honestly—what difference does a change in the law actually make here? The core topic remains exactly the same, doesn't it?

What do you mean there isn't? There is... take people with liens filed between late 2005 and mid-2012, for example. They can cite Section 180a, but those filed after that can't...
Section 180a states that if there's no inflow into a frozen account for a specific period—which has been defined three different ways across three amendments—the judge stays the execution. Under the law, the creditor was supposed to handle this by submitting an amended request.

The real lifeline for other debtors actually stems from Section 67 of the original statute, or Section 72 in the later version, which says an execution is stayed if it becomes impossible to carry out. "Impossibility of collection" is a broad concept. You can't just $3.25 keep someone's accounts frozen for more than two years because of a debt; that’s a realistic timeframe for settling such a thing. As Roosevelt would say, who's guaranteeing anything? Not to mention the people whose deposits into frozen accounts don't even cover the principal... they absolutely have to file for a stay based on Section 72, subsection (2)...

So, not every lien is the same, and the options aren't the same for everyone. These are massive differences in legal proceedings.
In ten years, you get seven different amendments to the law... Clinton would probably say, "Make up your mind already, do you want to pee or poop?"

It would be interesting to see an analysis of how many judges actually applied Section 180a...

By the way, there's a law firm working with the association fighting the IRS starting from $417. Whatever happens, happens. (Not sure who said that last part 😁)

Is it really true that an enforcement can only be carried out strictly according to the Bankruptcy Code??? I mean, that’s exactly why these discussions exist—so people can ask questions and actually get some guidance... It’s only natural that laws evolve over time, right? They have to adapt to keep up with everything happening in society...

Look, it’s not just about the Bankruptcy Code. There are all these other ways they can come after you—like through the Internal Revenue Service or even Family Law, plus whatever other bureaucratic nightmares are hiding in the fine print 😁. Honestly, there are so many different statutes flying around it's hard to keep track of them all.
And trust me, there are tons of different ways these seizures actually go down.

Hey everyone, I could really use a little bit of help or some advice if anyone has a moment...

So, basically, since I haven't been back in the States since last year, I missed my T-Mobile bills starting from October 2014. My contract was supposed to wrap up in February once that 24-month term hit, but they just kept sending me invoices even after the expiration date passed.
I honestly had no idea the billing wouldn't just stop on its own, though I guess that’s totally on me...

The total amount I owe T-Mobile is about $600. Back in April, I got a notice from Solvent, a debt collection agency, saying I needed to pay $367 within eight days.
After that, everything went completely silent and I didn't hear a single thing.

Now that I'm finally back in the US, I reached out to Solvent first to try and work out a payment plan, because I'm not trying to dodge anything—it's just that I wasn't even in the country to handle it.
They just told me to call T-Mobile because they don't have any more details on my account.
So I called T-Mobile, and they told me I've actually been sued and my file was handed over to the law firm of Schumer, so they gave me their number.

I called the firm, and this super rude lady—who wouldn't even give me her name, which is just great, by the way—told me my current balance is $1000, which includes the principal of $600 plus interest and all sorts of other stuff she listed.

I asked her nicely how it was possible that I never received any notification regarding an active collection proceeding under the Bankruptcy Code, as she claimed. She just shot back that they aren't obligated to constantly update me, and since I didn't respond to the notices from Solvent, they moved forward with the legal action.

When she asked if I'd received any official court orders or anything similar at my house, I told her no, and she just shrugged and said, "Well, you can expect one any day now."

In the end, I did manage to settle on an installment plan with her...
I'm not denying that I owe T-Mobile money, that part is clear. But I really don't feel like paying all this extra interest and legal fees when I never even got a heads-up that things were escalating.

Could someone please help me make sense of this? Is it actually true that they don't have to notify me before starting legal proceedings, or am I right to be upset here, or should I just keep my head down and pay whatever they're asking...

Thanks so much

Exactly! Honestly, it’s probably better to just keep your mouths shut and settle up—especially since you’re the ones who caused this mess in the first place by admitting you didn't pay... I mean, there really isn't any point in us trying to offer legal advice here, because I suspect you'll just end up racking up even more unnecessary fees for yourselves...

It’s always the same old story—everyone’s suddenly a victim of the national economy, using the state of the country as a convenient excuse to dodge their responsibilities and bail without paying what they owe.
Look, either back up your claims with some actual substance or just offer some useful advice. Otherwise, please, spare me the unsolicited lectures...😎

I think I'll go with this first one... 🙂

I've noticed...

So, a buddy of mine just got hit with a garnishment notice because he co-signed a loan for his wife’s business. Here’s the kicker—she’s actually living and working over in Germany right now. The Bank has no clue because she never bothered to update her address with them—just a classic case of leaving loose ends
The big question is: what does my friend need to do to make sure this creditor goes after the actual borrower instead of him as the guarantor?
It gets a bit messy since she’s currently working out in Germany, which adds a whole extra layer of complication to the situation.

Jack Johnson7 said:Hey everyone, I could really use a little bit of help or some advice if anyone has a moment...

So, basically, since I haven't been back in the States since last year, I missed my T-Mobile bills starting from October 2014. My contract was supposed to wrap up in February once that 24-month term hit, but they just kept sending me invoices even after the expiration date passed.
I honestly had no idea the billing wouldn't just stop on its own, though I guess that’s totally on me...

The total amount I owe T-Mobile is about $600. Back in April, I got a notice from Solvent, a debt collection agency, saying I needed to pay $367 within eight days.
After that, everything went completely silent and I didn't hear a single thing.

Now that I'm finally back in the US, I reached out to Solvent first to try and work out a payment plan, because I'm not trying to dodge anything—it's just that I wasn't even in the country to handle it.
They just told me to call T-Mobile because they don't have any more details on my account.
So I called T-Mobile, and they told me I've actually been sued and my file was handed over to the law firm of Schumer, so they gave me their number.

I called the firm, and this super rude lady—who wouldn't even give me her name, which is just great, by the way—told me my current balance is $1000, which includes the principal of $600 plus interest and all sorts of other stuff she listed.

I asked her nicely how it was possible that I never received any notification regarding an active collection proceeding under the Bankruptcy Code, as she claimed. She just shot back that they aren't obligated to constantly update me, and since I didn't respond to the notices from Solvent, they moved forward with the legal action.

When she asked if I'd received any official court orders or anything similar at my house, I told her no, and she just shrugged and said, "Well, you can expect one any day now."

In the end, I did manage to settle on an installment plan with her...
I'm not denying that I owe T-Mobile money, that part is clear. But I really don't feel like paying all this extra interest and legal fees when I never even got a heads-up that things were escalating.

Could someone please help me make sense of this? Is it actually true that they don't have to notify me before starting legal proceedings, or am I right to be upset here, or should I just keep my head down and pay whatever they're asking...

Thanks so much

You should have been notified about the garnishment; you're supposed to receive and sign a notice. If you didn't sign it, it's usually treated as if you never received it, so the garnishment shouldn't have started... though there is a rule where they try to deliver it twice, and if they can't find you, they leave a notice, and after 15 days, you're legally considered served.