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Wage garnishments and collections

Started by Douglas Morgan3 · · 👁 46 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 …
Sam Bishop6 Sam Bishop6 Newcomer
1 message
joined Oct 2015
#1621 ·
To whom it may concern.

I am looking for some guidance regarding an enforcement action I was hit with this past Monday.

Here is the situation: back at the end of 2013, I lost my job. This left me with a debt on a Diners Club card totaling roughly $2667. I reached out to them to ask for some breathing room—specifically, to lower my monthly payments so I could actually stay afloat. For a while, we had a working arrangement, but eventually, they decided to terminate the agreement. They sent over the total balance due in June 2014, but because I was unemployed at the time, they agreed to let me pay what I could until the debt was cleared.

Following that agreement, I made payments ranging from $300 up to $200, depending on how much I could scrape together each month.

Fast forward to this Monday, and I suddenly receive an enforcement order based on a certified document.

The amount listed is $1500, though I have actually paid off most of it in the meantime. As of July 25th, the outstanding balance was set, and I even made another installment payment after that date—completely unaware that any legal enforcement proceedings had been initiated against me.

This whole thing was triggered by the Hanžeković law firm acting through a Wells Fargo branch located outside of my city. The enforcement costs alone are $400, with potential additional costs reaching
. What are my options here?
The problem is, I don't have any physical documentation of our verbal agreement to pay in installments, other than the actual record of the payments I made. I have no idea why they suddenly decided to demand the full amount all at once, nor why they didn't bother to contact me first, especially since we spoke on the phone dozens of times to coordinate those previous payments.

Is there anything I can do legally? Specifically, can I leverage the fact that I made another payment toward the debt before I was even notified about this enforcement?
Also, is there any standing to challenge this on the basis that the Wells Fargo branch handling this isn't even in my city?

If I could just get those legal fees waived, I could probably manage to settle the actual principal amount.

I would appreciate any help you can provide. Thank you.
bluecrane18 bluecrane18 Newcomer
7 messages
joined Sep 2010
#1622 ·
I have a quick question about how this works.

Let's say one of my parents acted as a guarantor for someone who stopped making their payments—meaning we could potentially be facing an enforcement action now.
Does that mean my own funds could be subject to seizure, or does it strictly stick to my parent's assets?
It just doesn't seem right to me that they could freeze my account when I'm out here working my own job.
John Clark6 John Clark6 Regular
290 messages
joined Jun 2011
#1623 ·
Well, I mean, there just isn't any logic to it, really—not even a little bit!
ruggedmaker2 ruggedmaker2 Regular
469 messages
joined Mar 2018
#1624 ·
bluecrane18 said:I have a quick question about how this works.

Let's say one of my parents acted as a guarantor for someone who stopped making their payments—meaning we could potentially be facing an enforcement action now.
Does that mean my own funds could be subject to seizure, or does it strictly stick to my parent's assets?
It just doesn't seem right to me that they could freeze my account when I'm out here working my own job.

Look, you didn't take out the loan, and you didn't sign as a guarantor. It has absolutely nothing to do with you.
If they go after your parents, that's their debt, not yours. Period.
rowdyraven112 rowdyraven112 Active Member
248 messages
joined Jun 2024
#1625 ·
bluecrane18 said:I have a quick question about how this works.

Let's say one of my parents acted as a guarantor for someone who stopped making their payments—meaning we could potentially be facing an enforcement action now.
Does that mean my own funds could be subject to seizure, or does it strictly stick to my parent's assets?
It just doesn't seem right to me that they could freeze my account when I'm out here working my own job.


One more thing. If your parents own property or assets, transfer everything to your name via a gift deed immediately—provided they didn't use those specific assets as collateral for the guarantee.
There are ways to shield their income so you can legally collect from them for certain amounts. Since this topic has been chewed over a thousand times already, just go dig through the last hundred pages for the answers.
casualranger2 casualranger2 Member
48 messages
joined May 2014
#1626 ·
Back in November 2014, the Democratic Party pulled the trigger on scrapping the statute of limitations for debt collection, basically killing any hope of a fresh start for anyone stuck with blocked accounts.
Eric Collins7 Eric Collins7 Newcomer
1 message
joined Oct 2015
#1627 ·
Back in 2011, an enforcement judgment was handed down for $333, which I couldn't pay because I was broke. Now, on 24.10.2015, I suddenly get an enforcement order for that exact same amount?
Is that even legal?
Do I actually have to pay this?
I'm thinking about filing an Appeal, but what am I even supposed to argue?
Thanks
Need an answer ASAP
ruggedmaker2 ruggedmaker2 Regular
469 messages
joined Mar 2018
#1628 ·
Seriously, from 2011 until now, you still haven't managed to pay off that $333 debt?
Look, if you had just chipped in $17 every single month, you would've cleared this by now and avoided all those nasty interest charges and notary fees. If you had just sat down and worked out a settlement, you could've dodged this entire enforcement process too. But clearly, you didn't show any real intention of paying up.

You don't have any grounds for an Appeal because the enforcement is clearly finalized, and now you're stuck with that standard 10-year statute of limitations.

You really should have reached a settlement with the Believer before they even started the enforcement process. Now? It's way too late.
Basically, you can only appeal if there's actual legal ground to stand on—you can't cry foul about the statute of limitations when it hasn't even kicked in yet.
Mark Murphy79 Mark Murphy79 Member
16 messages
joined Mar 2013
#1629 ·
When the enforcement hits for payment... Let's see $500 if there's $1167 on the account—is my account gonna get frozen or what?
John Clark6 John Clark6 Regular
290 messages
joined Jun 2011
#1630 ·
No way!!! It’s like nothing even happened—it's been slashed by another $27—which means even less left over to cover those pesky IRS costs
Mark Murphy79 Mark Murphy79 Member
16 messages
joined Mar 2013
#1631 ·
Mine's blocked... maybe just because it's the weekend? My Card went through fine on Saturday, but today—nothing. The online balance says I've got funds, but my phone is flagging an enforcement issue. Guess I'll head down tomorrow to see what's actually going on...
Kate Harris50 Kate Harris50 Member
28 messages
joined Feb 2018
#1632 ·
I am currently locked in a battle with the IRS, which just sent me a notice threatening enforcement action today.

Here is the situation:

The IRS is trying to collect inheritance tax from me, but there is a massive catch—a significant portion of the land parcels they are taxing aren't even mine. Sure, I own some of them, and I have absolutely no problem paying taxes on what I actually own, but I refuse to pay taxes on property that doesn't belong to me.

I already submitted proof to the IRS demonstrating that these specific parcels are not my property, yet they are acting as if that information is completely irrelevant, stubbornly sticking to their own narrative. They continue to insist on calculating my tax bill based on land I don't own. I assumed everything would remain on hold while the matter is being litigated in court, thinking nothing would happen until a judge reaches a verdict, but the IRS clearly has its own agenda. They went ahead and sent this pre-enforcement warning despite the fact that the legal process is still ongoing. (And of course, they are diligently calculating interest on a total amount they simply pulled out of thin air based on things I don't even own.)

In other words, this is pure extortion by the tax authorities. They are trying to sell me a bridge. Honestly, this is exactly what our glorious nation has come to.
Christian Cruz41 Christian Cruz41 Active Member
51 messages
joined Aug 2007
#1633 ·
I have a quick question: I’m currently handling the seizure of some assets. Nobody showed up for the first auction, and honestly, I have no clue if anyone will even bother showing up for the second one. Based on the old Enforcement Law Jurisdiction, am I still stuck holding onto these items, or is this the end of the line? Does everything just get tossed in the trash, and does the debtor lose all rights to claim them at that point?
Thanks
Henry Stewart2 Henry Stewart2 Member
15 messages
joined Jan 2010
#1634 ·
Back in 2003, a local parking authority was illegally charging me for parking near my apartment building. The actual facts were never established in court; it was just a classic move where they took their internal documents straight to a notary, who then issued an enforcement order.
I haven't received any official enforcement order. I suspect they pulled some trick involving a public notice.
A few days ago, I got a notification stating that a process server came to my door looking for me but couldn't find me.
This case doesn't even show up on the IRS registry for priority collection against liquid assets.

Questions:
1. Can I claim the statute of limitations?
2. Can they skip straight to sending people to my house without even attempting to collect from my bank accounts first?
3. Since an Appeal might not be an option, what's the best way to seek restitution and somehow get this matter back before a judge to establish the actual facts? My goal is to stop these process servers from showing up at my door again.

Thanks in advance.
Henry Stewart2 Henry Stewart2 Member
15 messages
joined Jan 2010
#1635 ·
ruggedmaker2 said:Seriously, from 2011 until now, you still haven't managed to pay off that $333 debt?
Look, if you had just chipped in $17 every single month, you would've cleared this by now and avoided all those nasty interest charges and notary fees. If you had just sat down and worked out a settlement, you could've dodged this entire enforcement process too. But clearly, you didn't show any real intention of paying up.

You don't have any grounds for an Appeal because the enforcement is clearly finalized, and now you're stuck with that standard 10-year statute of limitations.

You really should have reached a settlement with the Believer before they even started the enforcement process. Now? It's way too late.
Basically, you can only appeal if there's actual legal ground to stand on—you can't cry foul about the statute of limitations when it hasn't even kicked in yet.

Maybe she just didn't have someone like you acting as an advisor to explain the process, so she could just grab the cash and pay it off.
Bradley Reyes3 Bradley Reyes3 Newcomer
2 messages
joined Oct 2015
#1636 ·
A question regarding enforcement proceedings.
Fortunately, I find myself in the position of the creditor...
I hold two final court judgments in my favor, both at the trial and appellate levels.
My goal is to recover the legal costs plus five years of accrued interest, covering the period while the appellate court was reviewing the appeal.
An attorney handled the litigation for me, and since we prevailed, I decided to hand the collection process over to him.
I have already paid him for his services regarding this specific enforcement matter.
1. Will the court add these additional costs to the amount I already paid for legal representation?
2. I’ve discovered that the debtor has an outstanding loan, which the Bank has likely already placed under garnishment—though I suspect he may have orchestrated this intentionally...
It seems I will simply have to wait my turn in the queue of creditors. Is there any way to pursue his physical assets instead, as I highly doubt collecting against his wages will be that straightforward?
Thank you.
How long might this entire ordeal take... (I realize every case is unique, but I am looking for some kind of rough estimate.)
rowdyraven112 rowdyraven112 Active Member
248 messages
joined Jun 2024
#1637 ·
Bradley Reyes3 said:A question regarding enforcement proceedings.
Fortunately, I find myself in the position of the creditor...
I hold two final court judgments in my favor, both at the trial and appellate levels.
My goal is to recover the legal costs plus five years of accrued interest, covering the period while the appellate court was reviewing the appeal.
An attorney handled the litigation for me, and since we prevailed, I decided to hand the collection process over to him.
I have already paid him for his services regarding this specific enforcement matter.
1. Will the court add these additional costs to the amount I already paid for legal representation?
2. I’ve discovered that the debtor has an outstanding loan, which the Bank has likely already placed under garnishment—though I suspect he may have orchestrated this intentionally...
It seems I will simply have to wait my turn in the queue of creditors. Is there any way to pursue his physical assets instead, as I highly doubt collecting against his wages will be that straightforward?
Thank you.
How long might this entire ordeal take... (I realize every case is unique, but I am looking for some kind of rough estimate.)

You’re a textbook example of a greedy creditor. You sat on this for five years just waiting to jack up the interest. If you had moved to collect immediately, you probably would’ve been paid by now. Now that you're stuck and looking for advice online—don't expect much. Even if there is an answer, you won't find it here. And clearly, you have an incompetent lawyer; if you didn't, you wouldn't be asking a forum, you'd be getting answers from him.
My advice? Settle with the debtor and take whatever you can get. If you keep being greedy, you'll end up with zero, or worse, your lawyer might screw up and leave you as the victim of the enforcement process.
rowdyraven112 rowdyraven112 Active Member
248 messages
joined Jun 2024
#1638 ·
Henry Stewart2 said:Back in 2003, a local parking authority was illegally charging me for parking near my apartment building. The actual facts were never established in court; it was just a classic move where they took their internal documents straight to a notary, who then issued an enforcement order.
I haven't received any official enforcement order. I suspect they pulled some trick involving a public notice.
A few days ago, I got a notification stating that a process server came to my door looking for me but couldn't find me.
This case doesn't even show up on the IRS registry for priority collection against liquid assets.

Questions:
1. Can I claim the statute of limitations?
2. Can they skip straight to sending people to my house without even attempting to collect from my bank accounts first?
3. Since an Appeal might not be an option, what's the best way to seek restitution and somehow get this matter back before a judge to establish the actual facts? My goal is to stop these process servers from showing up at my door again.

Thanks in advance.

It's clearly an old enforcement case handled by the court. That’s likely why it’s not appearing in the IRS registry. They can't just hit you with new laws; they have to follow the legal procedures that were in place when the order was originally issued.
I can't say anything more than that. There isn't enough info here to dig deeper.
Bradley Reyes3 Bradley Reyes3 Newcomer
2 messages
joined Oct 2015
#1639 ·
You are a textbook example of a greedy creditor... You sat on this for five years just to let the interest pile up because you were chasing a higher payout. If you had actually moved to collect immediately, you probably would have seen some money by now. Now that you’ve hit a wall and can't collect anything, you're coming here looking for advice. Don't expect much help, even if there is some to be found. It’s pretty obvious you’re working with an incompetent lawyer, otherwise, you wouldn't be asking questions on a forum instead of getting answers from your own counsel.
My suggestion is to reach a settlement with the debtor to salvage whatever you can, because if you stay this greedy, your net gain will be essentially zero—and there's always the risk that your attorney slips up and leaves you as the victim of the enforcement process itself.

RESPONSE

First of all, please refrain from the insults. I assume you are one of those people caught on the wrong side of an enforcement action, so I can certainly empathate with your frustration...
I wouldn't call myself greedy; I simply believe in exercising the rights I am legally entitled to. You seem to think that managing a legal battle spanning sixteen years is somehow cheap, but it dragged on solely because the opposing party stretched every single procedure to its limit, forcing me to shoulder mounting costs while dealing with the glacial pace of our court system.
Regarding those five years of interest, that was simply how long it took for the appellate court to finally reject the appeal. I won't go into the specific dollar amounts involved, but what was awarded is significantly less than what this whole ordeal cost me... and the mental toll taken along the way is something money simply cannot compensate. As for my lawyer, I'm actually satisfied since we ultimately came out on top. We even went as far as proposing a settlement, but the other side refused to even listen.
What would you have done in my shoes?

So, I ask that you please don't jump to conclusions quite so quickly.
Andrew Martin13 Andrew Martin13 Member
49 messages
joined May 2012
#1640 ·
I'm trying to figure out how the IRS can just pull a few extra bucks from my account and leave me in the red.
Every single month, about a third of my balance vanishes, and this month was no different.
It should have been around $1,285, but they took $1,289, plus an additional $0.67 transaction fee 🤔
. I didn't even have that much money in there, yet they still pushed me into a negative balance $2.00. I ended up paying it off yesterday once I realized how shady they're being.

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