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Wage garnishments and collections

Started by Douglas Morgan3 · · 👁 27 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 …
David Newman6 David Newman6 Newcomer
1 message
joined Mar 2013
#141 ·
Hey everyone, hope you're all doing well... I’m hoping someone here might be willing to weigh in on a situation I've run into...
I just received an enforcement order stating that I need to settle $193 in court costs. Fine! I get it, I owe the money!
But then, after I called up the law firm to get their account details and find out where to send the payment, the lady on the phone goes, "...oh, wait, no... the court costs are $454"!!!
Haaa? I was completely blindsided.

What am I supposed to do now?

Thanks a million 🙂
John Clark6 John Clark6 Regular
290 messages
joined Jun 2011
#142 ·
David Newman6 said:Hey everyone, hope you're all doing well... I’m hoping someone here might be willing to weigh in on a situation I've run into...
I just received an enforcement order stating that I need to settle $193 in court costs. Fine! I get it, I owe the money!
But then, after I called up the law firm to get their account details and find out where to send the payment, the lady on the phone goes, "...oh, wait, no... the court costs are $454"!!!
Haaa? I was completely blindsided.

What am I supposed to do now?

Thanks a million 🙂

Well, if you’ve actually been served with an enforcement proposal, then you really ought to just pay whatever amount is specified in that document, including the interest. Honestly, everything you need to know should already be laid out right there in the proposal itself, so I guess I don't quite see why you even bothered calling them... especially if you're dealing with a big outfit like Hanžeković or something similar....
Chloe Murphy3 Chloe Murphy3 Member
29 messages
joined Mar 2003
#143 ·
@ strasna mama

The judgment for enforcement breaks down like this:

1) the principal amount (the actual balance you sued over), say $167 (listed as "VPS" in the judgment) — interest starts running from when each individual bill was due, which is noted right at the start of the document

+
2) everything else listed AT THE BOTTOM of the judgment, which is:

attorney fees for drafting the motion (x dollars + tax)
clerk fees (x dollars + tax)
postage/service fees (x dollars + tax)

interest runs on all that stuff starting from the day the judgment was issued (usually the same day the motion was filed—look for the "received on date xy" stamp on page one

+

if you don't pay within 8 days of getting the judgment or if you don't file an objection

3) the remaining costs, which look like this:

finality clause fee $10 + tax
review of finality clause $83 + tax
drafting fees for serving notice to parties involved in the enforcement (x dollars + tax)

= total cost.

So, if you pay within 8 days, you just pay 1+2.

If you pay after 8 days without filing an objection, you're stuck paying 1 + 2 + 3.
Morgan Garcia3 Morgan Garcia3 Newcomer
1 message
joined Mar 2013
#144 ·
Hey everyone,

So, I filed an objection against a writ of execution because the statute of limitations had already run out. Now, the county civil court has officially stayed that writ and is moving forward with the proceedings regarding my objection to the payment order.

The whole mess is over some unpaid DirecTV subscription fees. It’s been nearly 24 months from the date the bill was actually due until they even tried to start the collection process, so I went after them on the grounds of expiration.

On top of issuing the decision to stay the writ of execution, the county civil court also issued a ruling on court costs, ordering me to cough up $33 within 8 days. I have a 3-day window if I want to appeal that part.

Does anyone know if there's any point in asking for a fee waiver? I haven't had an income in almost a year and I'm currently unemployed, while my wife is making about $1667 and supporting both me and our kid. Also, if I end up paying this, should I expect the plaintiff (the one pushing the collection) to have to reimburse me for these costs—and all the others—if they ultimately lose the case?

Thanks!

P.S. Please spare me the "you should have just paid it" comments. The service wasn't even provided/delivered, but honestly, it was way easier to argue the statute of limitations than to try and prove non-delivery (though I mentioned that in my objection too).
Amy Cruz2 Amy Cruz2 Newcomer
1 message
joined Mar 2013
#145 ·
Morgan Garcia3 said:Hey everyone,

So, I filed an objection against a writ of execution because the statute of limitations had already run out. Now, the county civil court has officially stayed that writ and is moving forward with the proceedings regarding my objection to the payment order.

The whole mess is over some unpaid DirecTV subscription fees. It’s been nearly 24 months from the date the bill was actually due until they even tried to start the collection process, so I went after them on the grounds of expiration.

On top of issuing the decision to stay the writ of execution, the county civil court also issued a ruling on court costs, ordering me to cough up $33 within 8 days. I have a 3-day window if I want to appeal that part.

Does anyone know if there's any point in asking for a fee waiver? I haven't had an income in almost a year and I'm currently unemployed, while my wife is making about $1667 and supporting both me and our kid. Also, if I end up paying this, should I expect the plaintiff (the one pushing the collection) to have to reimburse me for these costs—and all the others—if they ultimately lose the case?

Thanks!

P.S. Please spare me the "you should have just paid it" comments. The service wasn't even provided/delivered, but honestly, it was way easier to argue the statute of limitations than to try and prove non-delivery (though I mentioned that in my objection too).

I don't really feel like diving deep into the legal code right now, but if the statute of limitations is a year, then the statute argument should hopefully hold up.
You can get a fee waiver, but you missed the window. When you filed the objection to the garnishment order, you were supposed to submit a Motion for Waiver of Fees along with proof of your financial situation.
There's no need to bring up your wife at all; she isn't a party to this proceeding.
Since this is a garnishment proceeding (assuming the petition went through a notary), I'm not entirely sure how it plays out here, so it might be good if someone could confirm or correct me.
The losing party ultimately covers all court costs. However, once the main hearing is wrapped up, you'll need to itemize everything based on the standard fee schedule (filings, hearings, objections, plus those paid fees).
Donna Bennett5 Donna Bennett5 Newcomer
4 messages
joined Mar 2013
#146 ·
Hello,
I received a letter in the mail this past Friday from the Department of the Treasury notifying me that they have issued a wage garnishment against my employer for the amount of $733. Apparently, this is due to an unpaid traffic fine dating all the way back to 2011. (From the moment I settled that fine until now, I haven't received a single notice or anything similar suggesting I owed money... was I actually supposed to be notified?)

The thing is, I paid that specific fine through my online banking portal rather than using those paper payment slips they sent out, but as far as I am aware, that shouldn't matter since it wasn't my first time paying via digital transfer—in fact, that is how I handle all my payments now.

I still have the original transaction records where I noted the payment date and the transaction ID number.

My question is, would it be helpful to visit a local IRS field office first to figure out why this happened, or should I skip that and just file a formal appeal? I can attach my evidence (a full printout of the complete transaction from my online banking) along with a written statement explaining that I am appealing because the debt has already been satisfied.

Also, what is the deal with the $17 fee required to file an appeal? Am I entitled to a refund for these funds that I am being forced to spend when I am clearly not at fault? (I’m not talking about $17 specifically, but more about the principle of the matter.) Furthermore, what should I do if the garnishment reaches my employer before the order is rescinded? If they deduct it from my paycheck, my net pay will naturally decrease, which puts me in a precarious position where I'll have to cover a deficit I simply don't have right now. Unfortunately, we have been living solely on my income for the last year since my wife's company went under 😢...
John Clark6 John Clark6 Regular
290 messages
joined Jun 2011
#147 ·
Here is what we know for certain:

Sentence : United States Court of Appeals

Court decision dated: January 9, 2009

Subheading:

Refund of paid administrative fees

Sentence:

Administrative fees are essentially charged to cover the work performed by an agency during an administrative proceeding—so, even if a party wins their appeal, I guess that doesn't automatically mean they have a right to get back the money they paid for that fee.

Text:

"The plaintiff was required to pay the fee in the specified amount, and since the administrative body acted upon his appeal, the fee was technically paid for the performance of those specific actions."

Legal basis:

Article 113, paragraph 3, and Article 114, paragraphs 1 and 3 of the Administrative Procedure Act.

Article 9, paragraph 1, and Article 113, paragraph 3 of the Administrative Fee and Tariff Act.
Donna Bennett5 Donna Bennett5 Newcomer
4 messages
joined Mar 2013
#148 ·
Thanks @John Clark6 for clarifying; I follow your logic. I was really just asking rhetorically because if someone wants something specific, they pay the required fees under the regulations. My question stems from a sense of fairness: if someone isn't at fault—for instance, if they can prove an error occurred, much like in my own situation—shouldn't the party responsible for that oversight be the one to issue a refund?

I realize that in practice, it probably won't ever happen, but we've all been charged for so many ridiculous things in this country that there isn't much more to say about it...😉
Donna Bennett5 Donna Bennett5 Newcomer
4 messages
joined Mar 2013
#149 ·
Today I visited the local county clerk's office to hand over my payment receipts, and even though I had already settled everything, I still had to trek down to my bank just to demand they stamp and sign my transaction records. The tellers there gave me such a bewildered look, insisting that the digital receipt should be more than sufficient without any physical stamps, but eventually, they complied...

To get to the heart of whose fault this actually is, the response from the clerk was essentially this: "We have no way of verifying if you paid the municipal court directly, and since they haven't sent us confirmation of your payment, we can't see it on our end. You really should have brought the original slips to show us that it was paid to the specific account number they use." In other words, the funds were supposed to hit their specific operating account...
So, I countered by saying, "Excuse me, ma'am, how am I supposed to pay into an account number I'm seeing for the first time today? These official forms clearly list one account, not the one you're mentioning now. Am I expected to just intuitively know your internal banking details?" When I asked why I was required to bring these slips in for manual inspection—considering nothing in the court order or any legal notice mentioned such a requirement—she simply replied, "Well, we've had similar issues before, so we just do it this way. I don't know what else to tell you."

Then, almost as I was walking out of the room, she suddenly mentions she isn't sure what to do about the $67 processing fee that was supposed to be paid alongside the fine to cover collection costs!?!?!

I just stared at her, completely stunned, and asked, "Now you tell me who the irrational one is here. I am not responsible for your systemic errors or your lack of an integrated database, yet somehow I am being held liable for these collection fees." She then informed me that she would consult with her supervisor tomorrow to see if they could waive it, but if not, I would be forced to pay regardless. UNBELIEVABLE!!!

I also felt compelled to ask why I hadn't received a single warning or courtesy notice before they showed up with a formal judgment. To that, she claimed they had mailed everything to my house, but the mail was returned to sender. She even pulled out an envelope showing that the USPS carrier had left two notices claiming I wasn't home to receive the mail...
I told her straight up that I never saw a single notice, especially since I receive all my other mail without issue. It makes zero sense to suggest I was ignoring them; if I were trying to dodge a fine, it wouldn't make any sense to pay it two months late instead of just handling it immediately when it first arrived...

So now I am turning to you all for advice: what should I do if this lady calls me tomorrow and says they are mailing a bill for those fees to my house, regardless of whether they voided the actual fine? (Technically, they haven't even sent the notice to my employer yet, as I picked up my mail from the office on Friday afternoon). How does one resolve this kind of bureaucratic nightmare where citizens are essentially being extorted due to someone else's negligence or incompetence???

Any guidance at all would be greatly appreciated, as I find myself navigating this mess for the very first time in my 38 years...
Amy Williams2 Amy Williams2 Newcomer
2 messages
joined Mar 2013
#150 ·
PoisonIvy999;44001617 said:Hey,
....
/QUOTE]

That sounds like a nightmare. Honestly, don't give in. Stop sending them money blindly until you get a full itemized statement of everything you supposedly owe. If you’ve been keeping up with your bills and it’s just those two phones, there's no way the total is that high. Look up what those specific phone models and that USB drive actually cost online.
Under US law, they are required to provide a detailed breakdown on your bill. Otherwise, companies could just make up any number they want and claim people owe them.

Do your homework and stay calm. Don't let them bully you into paying a lump sum just because they're being aggressive. That’s exactly what they want—to scare you into settling quickly. If they were acting professionally, they’d answer your questions clearly instead of playing these games. It’s classic predatory behavior: using intimidation to exploit people.
John Clark6 John Clark6 Regular
290 messages
joined Jun 2011
#151 ·
Lion, look... if you're complaining about a garnishment order, you really need to attach those payment receipts—and I mean, is your residency even properly registered? You can't just talk your way out of this one; you have to file a formal appeal. If you let the deadline slip by, you're just going to end up looking foolish later... with legal stuff like this, there's really no such thing as a casual conversation
.
ps. @Amy Williams2, I honestly have no clue what kind of mail you received, so maybe could you clarify things a bit? I don't think anyone gets a heads-up saying their wages are about to be frozen, right? Did you actually receive an official garnishment order? It shouldn't be all that hard to tell the difference between that and just some random notice 🙂?
Donna Bennett5 Donna Bennett5 Newcomer
4 messages
joined Mar 2013
#152 ·
@Opaki, I just received a notice in the mail regarding a wage garnishment for the specified amount; it outlines everything—the reasoning, the specifics, all of it.
The document itself states that I have the right to file a formal response or lodge an appeal within the designated timeframe. Of course, since I wanted to get this settled as quickly as possible, I decided to head down to the courthouse in person.
As for why the post office only sent me the final decision now, the explanation provided was that "allegedly," the mail carrier attempted to deliver a warning letter twice earlier this year. They claimed to have left a notice—you know, those yellow slips—but apparently, I never showed up to collect my mail.
To be clear, there are absolutely no issues with my residency. There are five adults and one child living in this house, and I have a perfectly functional, locked mailbox. However, in the past, the carrier would sometimes just clip these notices to the door where the wind could easily blow them away, or perhaps they simply marked it as delivered when they hadn't actually checked.
There are plenty of possibilities for what happened, but my reality is simple: I had no idea any of this was happening. How was I supposed to know they were sending documents or that I needed to pick something up?
Regardless, they certainly moved fast on this. Whether or not the different departments are properly coordinated isn't really my concern, because at the end of the day, we are the ones footing the bill for their negligence or whatever you want to call it.
Regarding the garnishment order, which is typically sent to both me and my employer, they still haven't forwarded the copy intended for my company.
I'm not sure if they were waiting to see if I would file an appeal or if I would show up in person, but she only attached those stamped bank transactions to the decision because she needs them to void the garnishment order I received.

So, now I am just waiting for either a call or a notification stating whether I will ultimately have to pay that $67 or if this will all just go away.
I am truly hoping for the latter, so I can finally take this off my plate...
John Clark6 John Clark6 Regular
290 messages
joined Jun 2011
#153 ·
So, if I were in your shoes, I’d definitely look into filing a formal appeal while you're still within the deadline—you know, rewrite the whole thing from scratch and make sure to attach all your evidence. Honestly, these kinds of disputes just don't get settled through casual conversations alone. And, uh, I wouldn't bother submitting $17 mere accusations, because they really have to follow the official procedure once an appeal is lodged—unless, of course, you already gave a formal statement during the initial hearing... but you would have had to sign something for that, so I assume you'd know if that happened. I'm not saying they won't eventually settle things the way you guys originally discussed, but that's just not how the system works—not on your end, and certainly not on theirs...
slygardener55 slygardener55 Newcomer
3 messages
joined Jun 2012
#154 ·
quick question

my old man just retired, and according to the Social Security Administration, after his first two checks hit, he got hit with a garnishment for a third of his monthly benefit because he co-signed some loan back in '97... it was one of those government-backed farm equipment loans for about $27, and they didn't even give him a heads-up, they just started docking his pay... we're gonna go talk to a lawyer soon, but I've been digging around online for similar messups and I'm wondering if the statute of limitations has already run out on this...
ruggedmaker2 ruggedmaker2 Regular
469 messages
joined Mar 2018
#155 ·
I feel like I'm hearing this story everywhere lately. For some reason, people just stop paying their loans, and then the bank turns around and goes after the co-signers because they signed off on the whole mess in the first place.
Honestly, I’m worried there isn't much you can actually do about it, other than trying to file a private lawsuit to get that money back from the actual borrower.
slygardener55 slygardener55 Newcomer
3 messages
joined Jun 2012
#156 ·
ruggedmaker2 said:I feel like I'm hearing this story everywhere lately. For some reason, people just stop paying their loans, and then the bank turns around and goes after the co-signers because they signed off on the whole mess in the first place.
Honestly, I’m worried there isn't much you can actually do about it, other than trying to file a private lawsuit to get that money back from the actual borrower.

thanks for the reply!
we got a look at the records from the bank a few days ago and not a single payment was ever pulled from the debtor or anyone else... the first payment toward the debt was basically just a third of a social security check a couple of months back

a private lawsuit seemed like the only real way forward, but the debtor is unemployed (working under the table 🙄), and as for the real estate—I'm afraid he already transferred everything to someone else

honestly don't see us getting anything back unless we count the personal satisfaction of knowing we tried, maybe by the time he finally hits retirement age years from now...
Angela Richardson Angela Richardson Member
12 messages
joined Mar 2013
#157 ·
So, back in the spring of 2006, I had my car impounded, paid the fine, and finally got the vehicle back. Fast forward to a few days ago, and I receive a notice via $433 threatening immediate garnishment.
I suspect this is just the original penalty ($167) plus accrued interest. Nothing regarding this ever surfaced until now. I attempted to look into it, but all I heard was "you have to pay," "garnishment," and so on—most of it went right over my head.
They handed me a document stating:
ORDER OF GARNISHMENT BASED ON AN AUTHENTIC INSTRUMENT
1. The debtor is ordered to satisfy the claim, including assessed costs, within 8 days of receiving this order
2. Garnishment is hereby authorized for the forced collection of said claims
3. Procedural costs are set at $64
4. The debtor may file an objection to this order within 8 days of receipt

New York, June 1, 2006

What is my next move? Am I legally obligated to settle this, is there any way to bypass the system to avoid payment, or does some kind of statute of limitations apply here?

Thanks
Angela Richardson Angela Richardson Member
12 messages
joined Mar 2013
#158 ·
I paid a hefty fee to get the car jacked up (I think it was roughly $267), but I can't recall the rest of the details.
I also received some paperwork in the mail featuring a table with about seven or eight rows and a figure that steadily climbs year after year. It makes me wonder why they’re just now sending this out instead of, say, back in 2007 or 2008—though if they had, it would have seemed quite suspicious then, too.
Brian Edwards6 Brian Edwards6 Active Member
112 messages
joined Nov 2015
#159 ·
Do you have any actual documentation to confirm exactly what you’ve paid for? If you settled the fine itself but overlooked the towing fees, they likely sued you specifically for those costs—and in those instances, the statute of limitations is practically non-existent. That’s probably what happened here; a standard fine doesn't just balloon if you don't pay it, and the government doesn't typically initiate aggressive collections that way. However, if you already covered the towing charges, then we're likely looking at a clerical error on their end. Who exactly sent you that last notice you mentioned? To be absolutely certain of where you stand, I’d suggest gathering all your receipts and heading down to the local courthouse to review the case file in person.👍
hollowmason64 hollowmason64 Regular
411 messages
joined Jan 2016
#160 ·
John Clark6 said:Lion, look... if you're complaining about a garnishment order, you really need to attach those payment receipts—and I mean, is your residency even properly registered? You can't just talk your way out of this one; you have to file a formal appeal. If you let the deadline slip by, you're just going to end up looking foolish later... with legal stuff like this, there's really no such thing as a casual conversation
.
ps. @Amy Williams2, I honestly have no clue what kind of mail you received, so maybe could you clarify things a bit? I don't think anyone gets a heads-up saying their wages are about to be frozen, right? Did you actually receive an official garnishment order? It shouldn't be all that hard to tell the difference between that and just some random notice 🙂?

Wait, how can you think they wouldn't send a notification before freezing someone's wages? 😲

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