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Wage garnishments and collections

Started by Douglas Morgan3 · · 👁 36 views · 2.1K replies

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Andrew Cox61 Andrew Cox61 Newcomer
8 messages
joined Nov 2015
#1641 ·
I would really appreciate some advice and guidance here

Today, I went to pick up a T-Mobile and Hershey's bundle, which included a complimentary T-Mobile SIM card coupon. However, upon arriving at the T-Mobile retail location, I was informed that I supposedly owe them "something."
They provided me with the name of an agency called Autus Investment LLC.
During business hours, between 2:00 PM and 4:00 PM, I spent my time calling every possible contact number they had. The main line was constantly busy, and as for the others listed on their website... absolutely nobody answers.
I tried calling T-Mobile SZK to no avail, and it wasn't until my blood pressure spiked to 200 that I finally managed to get a supervisor on the line at SZK.
The only information I could squeeze out of them was a hesitant "maybe," because apparently, they don't have visibility into outstanding balances when you switch carriers—specifically regarding a portion of a monthly subscription that somehow went into collections after I moved to a different provider.
Honestly, I can't even recall if I ever even had a monthly contract, since I typically set up automatic payments for all my bills.
If I had actually received a bill, I certainly would have either disputed it or paid it immediately.
Currently, I am using a prepaid service.
Now, they are trying to hold me liable for a "charge" that supposedly occurred back on February 8, 2010.
At this point, I don't even know if I actually owed anything, nor do I know who T-Mobile allegedly sold this debt to.
My first instinct is to head straight to the police to report identity theft, the misuse of my personal data, and the forgery of billing statements.
After all, if I hadn't cleared all my previous obligations, it wouldn't have even been possible for me to switch providers in the first place.
Please, I am asking for your advice!
ruggedmaker2 ruggedmaker2 Regular
469 messages
joined Mar 2018
#1642 ·
So, if I’m following you correctly, some guy at a T-Mobile counter just told you verbally that you owe money, even though there's absolutely nothing in writing saying otherwise. Is that the deal?
Look, just sit down and write a proper email to T-Mobile—they definitely have an address on their website—and ask them straight up.
If they don't get back to you within a day or two, find a physical address for them (like their legal department or customer service) and send that same message via certified mail with a return receipt. Then, just wait.

Honestly, there isn't much else you can do right now because you have zero paper trail. For all we know, that person behind the counter might have misread something or completely misunderstood what was going on. You can't trust verbal info like that.

You haven't received a warning, you haven't seen an enforcement order... you've got nothing. So, first step: verify everything. (Make sure you save a copy of that email, and keep that return receipt from the mail service just in case things get messy later). If they actually try to come after you with an enforcement proposal, you'll just file an Appeal and cite the statute of limitations since it's been over three years.
Andrew Cox61 Andrew Cox61 Newcomer
8 messages
joined Nov 2015
#1643 ·
ruggedmaker2 said:So, if I’m following you correctly, some guy at a T-Mobile counter just told you verbally that you owe money, even though there's absolutely nothing in writing saying otherwise. Is that the deal?
Look, just sit down and write a proper email to T-Mobile—they definitely have an address on their website—and ask them straight up.
If they don't get back to you within a day or two, find a physical address for them (like their legal department or customer service) and send that same message via certified mail with a return receipt. Then, just wait.

Honestly, there isn't much else you can do right now because you have zero paper trail. For all we know, that person behind the counter might have misread something or completely misunderstood what was going on. You can't trust verbal info like that.

You haven't received a warning, you haven't seen an enforcement order... you've got nothing. So, first step: verify everything. (Make sure you save a copy of that email, and keep that return receipt from the mail service just in case things get messy later). If they actually try to come after you with an enforcement proposal, you'll just file an Appeal and cite the statute of limitations since it's been over three years.


Thank you for the quick response; yes, that is exactly the situation.

If I hadn't received that coupon, I wouldn't have even known this was happening.

The representative at the counter told me they couldn't open a new service account at my Chase until I presented a confirmation from that collection agency regarding the settlement of the debt.
Only after that will T-Mobile unblock everything.
When I called T-Mobile SZK, I was informed that they had "transferred" the debts to that specific agency, and once that happens, they no longer have visibility into the status of the debt.
In all my life, I have never owed anyone a dime, yet here I am, having a year of my life stolen by this sheer frustration.
It honestly feels like some kind of shadow financial system is at work here.
If I reach out to the agency, I am certain they will just try to push some random mobile payment app on me.
I am becoming increasingly convinced that this is a matter for the IRS or perhaps even the financial crimes division.
Andrew Cox61 Andrew Cox61 Newcomer
8 messages
joined Nov 2015
#1644 ·
This is how I see the whole situation...
The customer switches over to a different carrier. These companies allow the transition, but they essentially invent or permit the creation of a small outstanding balance.
They then sell that debt to a collection agency, and through a network of interconnected firms linked by that agency, it becomes impossible to sign up for any new service without their explicit approval.
Consequently, most people find themselves stuck, unable to access any services until they have settled that debt in full.
Since they don't bother initiating actual legal enforcement for such minor amounts, there isn't even a formal basis upon which I could challenge or overturn this restriction.

Building a financial ecosystem like this is almost certainly illegal...
It effectively places itself above the courts and the Enforcement Law Jurisdiction.
Andrew Cox61 Andrew Cox61 Newcomer
8 messages
joined Nov 2015
#1645 ·
I just received this from Tele2 SZK
They are calculating an outstanding balance from a subscription period spanning February 1st through the 8th, 2010.
Now, I can say with absolute certainty that I am not someone who simply forgets to pay my bills, let alone ignores formal notices...

"XY, here is the information we have on file. The contract was terminated on February 8, 2010, and the invoice for that specific month remains unpaid. Since the debt was not settled within the required timeframe, T-Mobile has referred the matter to the debt collection agency Autus Investment LLC. We kindly ask that you verify any details regarding this debt directly with them; their contact numbers are 01 777 2600 and 095 314 2600. Attached, please find the copy of the contract we have on record."
Brandon Hill8 Brandon Hill8 Active Member
57 messages
joined Apr 2011
#1646 ·
rowdyraven112 said:I did. The garnishment started in 2011. By using administrative freezes and redirecting the garnished portion of my paycheck to a trusted person's account, I prevented the money from bleeding out. Total garnished so far: $6.75.
I drafted the Appeal to the county court myself, and the garnishment was overturned because the creditor screwed up the procedure. The creditor sent a review to the Supreme Court, which in my opinion should fail anyway—even if the court decides to deliberate, legally there's nothing to discuss because the creditor messed up.
Two months ago, that same trusted person blocked my account and assets with a fictitious garnishment.
It took me six months of studying the Obligations Act and enforcement laws to figure this out. My next step is suing the creditor for the recovery of the garnished amount from $6.75 since the garnishment order was vacated.
The problem is that people who get garnished need to hand themselves over without being shot. When they don't, it's not just them who lose—it's also us, because we end up sharing models for escaping garnishment in vain. There is only one relevant group on Facebook that deals specifically with garnishments and escape strategies.
But first off, if you were foolish enough to let the creditor enter those notes and file salary restrictions, not even all of Marvell's heroes can pull you out of those predatory interest rates.

The court must be based on the place of residence, but for notaries, I don't think it matters. So, a notary from a different city can send you a garnishment. On the bright side, notaries have become pretty efficient with this lately; you usually get the proposal within three months at most. Once an objection is filed, the first available court handles it to keep the caseload down.

In what kind of Marvell-inspired fantasy world is it even possible to prevent a "notation" (I'm assuming you mean a lien on property) once the proposal for property garnishment has already been submitted?
John Clark6 John Clark6 Regular
290 messages
joined Jun 2011
#1647 ·
She's just talking nonsense... honestly, she hasn't got a clue—so please, don't go fooling yourself thinking otherwise...
Andrew Cox61 Andrew Cox61 Newcomer
8 messages
joined Nov 2015
#1648 ·
So, what’s my best move here... do I just sit tight and ignore them until the court finally reaches out and the statute of limitations kicks in, or should I head down to a notary to draft a formal notice to the agency and invoke the statute of limitations myself?
I didn't actually rack up any debt, and besides, there was no way for me to even incur it once I switched over to a different carrier.
As far as I'm concerned, this whole situation is nothing short of blatant extortion and theft.
ruggedmaker2 ruggedmaker2 Regular
469 messages
joined Mar 2018
#1649 ·
Just file an Appeal once you actually get the enforcement proposal.
Then again, who knows? You might never even see one.
But look, the statute of limitations just means they can't force the collection from you.
Whether they decide to write off the debt or keep chasing you—basically blacklisting you from their services down the road—is entirely up to them.
John Clark6 John Clark6 Regular
290 messages
joined Jun 2011
#1650 ·
I really hope you’ve taken a moment to double-check when the notary actually received that enforcement proposal—mostly just so we don't end up repeating the same debate about when the statute of limitations kicks in for the hundredth time around here...
p.s. That is, assuming they've even initiated the enforcement process at all...
p.s. 2. Just a quick heads-up, the statute of limitations is one year, not three!
Andrew Cox61 Andrew Cox61 Newcomer
8 messages
joined Nov 2015
#1651 ·
ruggedmaker2 said:Just file an Appeal once you actually get the enforcement proposal.
Then again, who knows? You might never even see one.
But look, the statute of limitations just means they can't force the collection from you.
Whether they decide to write off the debt or keep chasing you—basically blacklisting you from their services down the road—is entirely up to them.

As for blocking my access to public utility providers, I intend to take that matter straight to the FCC.
At this rate, we might as well expect them to roll out a system that restricts services based on skin color very soon...
Andrew Cox61 Andrew Cox61 Newcomer
8 messages
joined Nov 2015
#1652 ·
John Clark6 said:I really hope you’ve taken a moment to double-check when the notary actually received that enforcement proposal—mostly just so we don't end up repeating the same debate about when the statute of limitations kicks in for the hundredth time around here...
p.s. That is, assuming they've even initiated the enforcement process at all...
p.s. 2. Just a quick heads-up, the statute of limitations is one year, not three!

There is absolutely no enforcement action and zero debt showing up in my official government portal.
It’s only being claimed verbally over at the service counter.

Over the phone, they’re insisting there's some phantom debt from early February 2010.
They claim they've already "passed" the debt along to some collection agency and they don't have any visibility into the matter anymore.
They tell me I don't owe them anything, yet they refuse to lift the restriction without some kind of formal confirmation from that specific firm.
Andrew Cox61 Andrew Cox61 Newcomer
8 messages
joined Nov 2015
#1653 ·
I have filed a formal Appeal, explicitly denying the existence of any such debt, and I’ve sent my response back over to T-Mobile.
I refuse to engage in any kind of cooperation or succumb to the extortion attempts of these vultures and bloodsuckers.
Now, I am simply waiting to see how they respond...
ruggedmaker2 ruggedmaker2 Regular
469 messages
joined Mar 2018
#1654 ·
John Clark6 said:I really hope you’ve taken a moment to double-check when the notary actually received that enforcement proposal—mostly just so we don't end up repeating the same debate about when the statute of limitations kicks in for the hundredth time around here...
p.s. That is, assuming they've even initiated the enforcement process at all...
p.s. 2. Just a quick heads-up, the statute of limitations is one year, not three!

You're right about that. Honestly, my head is already spinning trying to keep all these outdated dates straight. 😵

Andrew Cox61 said:I have filed a formal Appeal, explicitly denying the existence of any such debt, and I’ve sent my response back over to T-Mobile.
I refuse to engage in any kind of cooperation or succumb to the extortion attempts of these vultures and bloodsuckers.
Now, I am simply waiting to see how they respond...

T-Mobile already handed off your debt to that other agency, so they’re just going to point you toward them and call it a day. Honestly, filing an appeal isn't going to get you anywhere at this point. It's a dead end. By the way, just so you know, debt assignment is perfectly legal. Happens all the time.
Look, John Clark6 makes a solid point—you need to check if an enforcement action has even been kicked off yet. If anyone’s actually going to pull the trigger on that, it’ll be the firm that bought up your debt. Just reach out to them directly with an inquiry and see what kind of story they try to sell you.
rowdyraven112 rowdyraven112 Active Member
248 messages
joined Jun 2024
#1655 ·
Brandon Hill8 said:In what kind of Marvell-inspired fantasy world is it even possible to prevent a "notation" (I'm assuming you mean a lien on property) once the proposal for property garnishment has already been submitted?

John Clark6 said:She's just talking nonsense... honestly, she hasn't got a clue—so please, don't go fooling yourself thinking otherwise...

In the Marwell world, when you’re dealing with someone reliable, you sign a loan agreement with a repayment term spanning a few years. But there's a catch: that first installment? It's due within ten days of notarization. If you miss even one payment, the creditor can move for immediate seizure. You can find all the details on notarization online.
What's the catch?
There’s a distinction between a certified document and an enforceable one. A certified document doesn't trigger immediate collection through the IRS, whereas an enforceable one goes straight to them regardless of whether it's final.
Once you notarize that loan agreement, it becomes an enforceable instrument. I’m pretty sure even the IRS would allow for direct collection if filed correctly—though I might be slightly off on that specific detail. Either way, if you can't go through the IRS, you just take it straight to court to initiate the seizure.
Once the court issues that ruling, your garnishment hits the IRS immediately. You need to move fast. Initiate the change of payment method through the court right away and register that lien. If the claim value exceeds what the property is worth, you can use that lien to secure ownership of the real estate. Why wait?
That’s how the comic book world works. Here's the catch. Say someone abuses the law just because a close relative can't pay back a loan they used to secure a lien. The upside? A third party can't challenge a contract between two people. If you just keep your mouth shut and don't go blabbing about it, you can legally save a property by transferring it into the name of someone close to you.
Why three separate contracts? One for the property, one for the IRS, and one for the income source.
Better act now before the collection agency pulls the trigger.
It’s obvious this whole thing falls apart if there's already some kind of lien on the property.
Gift agreements aren't the answer. A third party can still challenge one for up to three years. After that? Statute of limitations kicks in. Case closed.
Sure, I'm talking out of turn. But this is just the standard playbook used by the big shots when they borrow billions and never pay it back. That’s exactly why we’re sitting on $50 billion in illiquid assets. The small fry? They probably account for maybe a billion of that total.
Brandon Hill8 Brandon Hill8 Active Member
57 messages
joined Apr 2011
#1656 ·
I don't even know where to start with this mess. It’s one thing to deal with bureaucratic nonsense, but when you realize how much they're trying to skirt the rules, it's infuriating. Honestly, I’m just sitting here staring at my screen wondering how anyone can sleep at night knowing this kind of stuff is happening under our noses. It feels like every time you think you have a handle on the situation, some new loophole pops up. It’s exhausting. You try to follow the law—you try to do things by the book—and then you see people playing games with the system. It makes you want to throw your laptop out the window. There’s zero accountability, and frankly, that's the most insulting part of the whole ordeal. We deserve better than this constant runaround. kaže:
Look, if you’re operating in Marvel’s world and you actually have someone reliable on your side, you solemnize a loan agreement with a repayment term spanning a few years. But here's the kicker: you bake in a clause stating that the first installment has to be paid within 10 days of the solemnization. If they miss even a single payment after that? The creditor has the immediate right to trigger enforcement under the Uniform Enforcement of Judgments Act. You don't need me to walk you through it—all the details on how solemnization works are easily available online.
What's the catch?
Look, people need to get this straight: there is a massive difference between a certified document and an enforceable instrument. You can’t just lump them together. If you’re trying to go after someone using a certified document, you aren't hitting up the IRS for immediate collection. It doesn't work like that. But once you have an enforceable instrument? You're straight to the collection phase immediately, regardless of whether the judgment is final or not. Get it right.
Once you get that loan agreement notarized, it becomes an enforceable instrument. I’m pretty sure the IRS would even allow for direct collection if you file the right paperwork—though I might be slightly off on the exact technicality there. Either way, if you can't go through the IRS to settle it, your next move is hitting up the courts to file for a judgment.
Once the court hands down that ruling, your judgment goes straight to the IRS for collection. You need to move fast—immediately file through the court to switch up the payment method and get that lien recorded. If the value of what they owe you actually exceeds the value of the property itself, you can use that lien to secure ownership of the real estate. Don't just sit there waiting; take control of the process.
That’s exactly how things work in the comic book world. Here’s the catch. Let’s say someone abuses the system because a close relative doesn't have the cash to cover a loan they secured with a lien. The silver lining here? A third party can’t come along and challenge a contract made between two other people. So, if you just keep your mouth shut and don't go blabbing about it, you could actually save a piece of real estate by having that relative transfer the title into your name.
Why on earth are there three separate contracts? You’ve got one for the property, one for the IRS, and then another one just to verify where the income is coming from. It makes zero sense.
It’s a little late in the game to be reacting once the creditor is already gearing up to pull the trigger on an enforcement action. You really should have moved much faster than this.
It’s pretty obvious this whole thing is going to tank if there’s already some kind of lien on the property.
A gift contract isn't the silver bullet everyone thinks it is. Here’s why: any third party can come out of the woodwork and challenge that agreement for up to three years. After that window slams shut, they're out of luck because the statute of limitations kicks in. It’s a massive loophole you have to account for.
Sure, I’m just talking out of my ass here. But this is just a tiny glimpse into the playbook these big shots use when they borrow billions and then just walk away from the debt. This is exactly why we’re sitting on $50 billion in non-performing assets. Those bottom-feeders? They probably account for maybe a billion of that total.

And you still haven't actually answered my question.

Look, your line of reasoning opens the door to massive civil liability—we’re talking huge payouts—for at least three different reasons. Plus, you're staring down potential criminal charges. Honestly? It’s basically a dream scenario for any lawyer.

To actually dismantle your entire little scheme for dodging an enforcement action, I’d need to sit down and write a medium-length essay—but let’s just keep it brief for now.

Look, an enforcement instrument isn't the same thing as a legal basis for payment under the Uniform Enforcement of Judgments Act. Period. That means just because you have an enforcement document doesn't mean it automatically serves as the grounds for a direct seizure of funds. Take your notarized contract, for example—that’s an enforcement instrument, sure, but it isn't the specific basis that allows the IRS to go straight for your bank account. And honestly, even though you're tripping over your own feet here—one second you say they are, then you say maybe they aren't, then you act like you aren't sure—you're actually heading in the right direction.

Look, let’s get one thing straight: all the payment basics don't just need to be legally binding—they have to be enforceable. There's a massive difference. You can't jump the gun here. Finality comes first, then enforceability follows. It works like this: once a judgment becomes final, you wait out the grace period for voluntary payment. Only after that window slams shut does the order actually become enforceable. That grace period is usually spelled out right there in the legal instrument itself, but if it isn't? Then you fall back on the standard provisions under the Uniform Enforcement of Judgments Act. Simple as that.

If you’re trying to stop a foreclosure on your property, listen up. You need to act fast before things go south. If you want to protect your real estate from being seized, there are specific legal maneuvers you can pull, but you have to know the rules of the game. Look, if you're staring down the barrel of a judgment, you need to understand how the Uniform Enforcement of Judgments Act works in this country. It’s not just about waiting around for a process server to show up at your door; it’s about knowing your rights under the law before the hammer drops. Most people just sit there and let it happen because they’re paralyzed by fear, but that’s a losing strategy. I've seen people try to hide assets or shuffle paperwork at the last minute, thinking they're being clever. It rarely works, and honestly, it usually just makes the legal headache ten times worse. You need a solid plan, not a bunch of half-baked excuses. Get your ducks in a row, look into the exemptions available under our laws, and for heaven's sake, talk to someone who actually knows their way around an American courtroom before you lose everything.Look, let’s be real here—it’s physically impossible to pull that off without the debt being backed up. Period.Look, you don't go to court just to run to the IRS, only to end up back in court again. That’s a massive waste of both time and money. If you’re sitting on a fake contract that you're trying to pass off as an enforceable instrument, you can skip the runaround and head straight to the courthouse to file a fraudulent lien against their real estate. But hey, let's actually break this down for a second.

First off, you aren't recording a lien; you're filing a notice of levy, which just gives you priority in the repayment queue based on when it's recorded. Hmm. Hmm...

The question that pops out of nowhere from your little "plan" is this: Are you trying to block a foreclosure on real estate or a seizure of cash assets while the actual creditor starts collecting?

Look, if you follow your plan and use some fake contract to hit the IRS, they’ll go after your real estate. But if you target the real estate first, the creditor will go after your bank accounts (assuming they haven't already secured a lien on the property, in which case they're definitely going for the house). Now, if you don't have any liquid cash, the creditor is going to start hunting for your properties—the very ones you've already tried to "foreclose" on using your sham contract. Then, they pull that notarized agreement out of court. They see how you signed after you already owed him the money, and boom—your fake foreclosure gets frozen and you're stuck in litigation. You'll face a challenge to the validity of your contract, you'll get slapped with legal fees, and you'll end up having accomplished absolutely nothing except being liable for the entire debt plus interest, plus attorney fees that are now five times higher, plus whatever you spent on the notarization.

Furthermore, there's the bright side: a third party can contest an agreement between two other people and argue that the whole thing is void. Especially in your specific scenario involving a fraudulent contract that the law explicitly deems null and void—call it invalidity or whatever makes you feel better. If a third party could never contest a contract between two other parties, then a wife whose husband mortgaged or sold their joint furniture (or the house they built together) without her knowledge would have zero legal protection.

Also, statutes of limitations don't apply to void contracts.

And another thing: you're confusing a notice of levy with the registration of a real estate lien. It's not that surprising, honestly. Registering a lien is a completely different legal mechanism with totally different consequences. A notice of levy is an enforcement action carried out by the court automatically the moment a levy petition is filed. But here's the kicker: regardless of whether we're talking about registering a lien (which you consent to by signing a loan agreement, for example) or a notice of levy, neither can be stopped. You can't stop the first because you agreed to it, and you can't stop the second because it's a mandatory enforcement action. Even if you somehow beat the creditor to the punch with the second one, the truth comes out (that you signed the deal after you were already in debt), and we're right back to what I said before.

Get it? Or don't. That's the reality.

Bottom line: draw your own conclusion about how much nonsense you're talking. If nothing else, go back to the second and third sentences of my post and let them sink in—for you and for anyone else who thinks your "strategy" is actually a solution. But hey, I've already told you this on this forum before, so do whatever you want.
hollowmason64 hollowmason64 Regular
411 messages
joined Jan 2016
#1657 ·
Brandon Hill8 said:
I don't even know where to start with this mess. It’s one thing to deal with bureaucratic nonsense, but when you realize how much they're trying to skirt the rules, it's infuriating. Honestly, I’m just sitting here staring at my screen wondering how anyone can sleep at night knowing this kind of stuff is happening under our noses. It feels like every time you think you have a handle on the situation, some new loophole pops up. It’s exhausting. You try to follow the law—you try to do things by the book—and then you see people playing games with the system. It makes you want to throw your laptop out the window. There’s zero accountability, and frankly, that's the most insulting part of the whole ordeal. We deserve better than this constant runaround. kaže:
Look, if you’re operating in Marvel’s world and you actually have someone reliable on your side, you solemnize a loan agreement with a repayment term spanning a few years. But here's the kicker: you bake in a clause stating that the first installment has to be paid within 10 days of the solemnization. If they miss even a single payment after that? The creditor has the immediate right to trigger enforcement under the Uniform Enforcement of Judgments Act. You don't need me to walk you through it—all the details on how solemnization works are easily available online.
What's the catch?
Look, people need to get this straight: there is a massive difference between a certified document and an enforceable instrument. You can’t just lump them together. If you’re trying to go after someone using a certified document, you aren't hitting up the IRS for immediate collection. It doesn't work like that. But once you have an enforceable instrument? You're straight to the collection phase immediately, regardless of whether the judgment is final or not. Get it right.
Once you get that loan agreement notarized, it becomes an enforceable instrument. I’m pretty sure the IRS would even allow for direct collection if you file the right paperwork—though I might be slightly off on the exact technicality there. Either way, if you can't go through the IRS to settle it, your next move is hitting up the courts to file for a judgment.
Once the court hands down that ruling, your judgment goes straight to the IRS for collection. You need to move fast—immediately file through the court to switch up the payment method and get that lien recorded. If the value of what they owe you actually exceeds the value of the property itself, you can use that lien to secure ownership of the real estate. Don't just sit there waiting; take control of the process.
That’s exactly how things work in the comic book world. Here’s the catch. Let’s say someone abuses the system because a close relative doesn't have the cash to cover a loan they secured with a lien. The silver lining here? A third party can’t come along and challenge a contract made between two other people. So, if you just keep your mouth shut and don't go blabbing about it, you could actually save a piece of real estate by having that relative transfer the title into your name.
Why on earth are there three separate contracts? You’ve got one for the property, one for the IRS, and then another one just to verify where the income is coming from. It makes zero sense.
It’s a little late in the game to be reacting once the creditor is already gearing up to pull the trigger on an enforcement action. You really should have moved much faster than this.
It’s pretty obvious this whole thing is going to tank if there’s already some kind of lien on the property.
A gift contract isn't the silver bullet everyone thinks it is. Here’s why: any third party can come out of the woodwork and challenge that agreement for up to three years. After that window slams shut, they're out of luck because the statute of limitations kicks in. It’s a massive loophole you have to account for.
Sure, I’m just talking out of my ass here. But this is just a tiny glimpse into the playbook these big shots use when they borrow billions and then just walk away from the debt. This is exactly why we’re sitting on $50 billion in non-performing assets. Those bottom-feeders? They probably account for maybe a billion of that total.

And you still haven't actually answered my question.

Look, your line of reasoning opens the door to massive civil liability—we’re talking huge payouts—for at least three different reasons. Plus, you're staring down potential criminal charges. Honestly? It’s basically a dream scenario for any lawyer.

To actually dismantle your entire little scheme for dodging an enforcement action, I’d need to sit down and write a medium-length essay—but let’s just keep it brief for now.

Look, an enforcement instrument isn't the same thing as a legal basis for payment under the Uniform Enforcement of Judgments Act. Period. That means just because you have an enforcement document doesn't mean it automatically serves as the grounds for a direct seizure of funds. Take your notarized contract, for example—that’s an enforcement instrument, sure, but it isn't the specific basis that allows the IRS to go straight for your bank account. And honestly, even though you're tripping over your own feet here—one second you say they are, then you say maybe they aren't, then you act like you aren't sure—you're actually heading in the right direction.

Look, let’s get one thing straight: all the payment basics don't just need to be legally binding—they have to be enforceable. There's a massive difference. You can't jump the gun here. Finality comes first, then enforceability follows. It works like this: once a judgment becomes final, you wait out the grace period for voluntary payment. Only after that window slams shut does the order actually become enforceable. That grace period is usually spelled out right there in the legal instrument itself, but if it isn't? Then you fall back on the standard provisions under the Uniform Enforcement of Judgments Act. Simple as that.

If you’re trying to stop a foreclosure on your property, listen up. You need to act fast before things go south. If you want to protect your real estate from being seized, there are specific legal maneuvers you can pull, but you have to know the rules of the game. Look, if you're staring down the barrel of a judgment, you need to understand how the Uniform Enforcement of Judgments Act works in this country. It’s not just about waiting around for a process server to show up at your door; it’s about knowing your rights under the law before the hammer drops. Most people just sit there and let it happen because they’re paralyzed by fear, but that’s a losing strategy. I've seen people try to hide assets or shuffle paperwork at the last minute, thinking they're being clever. It rarely works, and honestly, it usually just makes the legal headache ten times worse. You need a solid plan, not a bunch of half-baked excuses. Get your ducks in a row, look into the exemptions available under our laws, and for heaven's sake, talk to someone who actually knows their way around an American courtroom before you lose everything.Look, let’s be real here—it’s physically impossible to pull that off without the debt being backed up. Period.Look, you don't go to court just to run to the IRS, only to end up back in court again. That’s a massive waste of both time and money. If you’re sitting on a fake contract that you're trying to pass off as an enforceable instrument, you can skip the runaround and head straight to the courthouse to file a fraudulent lien against their real estate. But hey, let's actually break this down for a second.

First off, you aren't recording a lien; you're filing a notice of levy, which just gives you priority in the repayment queue based on when it's recorded. Hmm. Hmm...

The question that pops out of nowhere from your little "plan" is this: Are you trying to block a foreclosure on real estate or a seizure of cash assets while the actual creditor starts collecting?

Look, if you follow your plan and use some fake contract to hit the IRS, they’ll go after your real estate. But if you target the real estate first, the creditor will go after your bank accounts (assuming they haven't already secured a lien on the property, in which case they're definitely going for the house). Now, if you don't have any liquid cash, the creditor is going to start hunting for your properties—the very ones you've already tried to "foreclose" on using your sham contract. Then, they pull that notarized agreement out of court. They see how you signed after you already owed him the money, and boom—your fake foreclosure gets frozen and you're stuck in litigation. You'll face a challenge to the validity of your contract, you'll get slapped with legal fees, and you'll end up having accomplished absolutely nothing except being liable for the entire debt plus interest, plus attorney fees that are now five times higher, plus whatever you spent on the notarization.

Furthermore, there's the bright side: a third party can contest an agreement between two other people and argue that the whole thing is void. Especially in your specific scenario involving a fraudulent contract that the law explicitly deems null and void—call it invalidity or whatever makes you feel better. If a third party could never contest a contract between two other parties, then a wife whose husband mortgaged or sold their joint furniture (or the house they built together) without her knowledge would have zero legal protection.

Also, statutes of limitations don't apply to void contracts.

And another thing: you're confusing a notice of levy with the registration of a real estate lien. It's not that surprising, honestly. Registering a lien is a completely different legal mechanism with totally different consequences. A notice of levy is an enforcement action carried out by the court automatically the moment a levy petition is filed. But here's the kicker: regardless of whether we're talking about registering a lien (which you consent to by signing a loan agreement, for example) or a notice of levy, neither can be stopped. You can't stop the first because you agreed to it, and you can't stop the second because it's a mandatory enforcement action. Even if you somehow beat the creditor to the punch with the second one, the truth comes out (that you signed the deal after you were already in debt), and we're right back to what I said before.

Get it? Or don't. That's the reality.

Bottom line: draw your own conclusion about how much nonsense you're talking. If nothing else, go back to the second and third sentences of my post and let them sink in—for you and for anyone else who thinks your "strategy" is actually a solution. But hey, I've already told you this on this forum before, so do whatever you want.

Hold on a second. Are you actually suggesting that one creditor can just step in and freeze another creditor's ongoing collection process simply because they lent money to the debtor *before* the current person started collecting?
Under what part of the Uniform Enforcement of Judgments Act does that even happen?
Brandon Hill8 Brandon Hill8 Active Member
57 messages
joined Apr 2011
#1658 ·
hollowmason64 said:Hold on a second. Are you actually suggesting that one creditor can just step in and freeze another creditor's ongoing collection process simply because they lent money to the debtor *before* the current person started collecting?
Under what part of the Uniform Enforcement of Judgments Act does that even happen?

No, that’s not what I’m saying. I’m just mapping out how a fraudulent scheme might play out in the real world—scenarios that would eventually lead to civil lawsuits, or even criminal charges depending on the debtor's status, regardless of how the seizure itself is handled.

Also, the fact of who lent money to whom first doesn't even matter legally. What matters is who owes what to whom and when those obligations actually become due. So, if this fraudster cooks up a fake contract after my debt has already matured, preventing me from collecting my due funds (even though his little setup ignores maturity dates—which is stupid, since you can't trigger an enforcement under the Uniform Enforcement of Judgments Act until the debt is actually due), then both he and I end up in court.

But, to answer your question:

If one creditor successfully proves a contract is void, and that contract is indeed null and void, why on earth wouldn't that creditor be able to halt or delay the seizure? (And I'm talking about real estate or any other case where a judge oversees the seizure).
hollowmason64 hollowmason64 Regular
411 messages
joined Jan 2016
#1659 ·
Look, the garnishments follow the order they were received. Basically—it’s a bit of a "you snooze, you lose" situation regarding when you actually filed for the seizure. 🤷
On the flip side, though—how would you even go about proving that the loan was just some fake paper trail?
Gerald Ross4 Gerald Ross4 Newcomer
2 messages
joined Nov 2015
#1660 ·
Here is the situation: we just received a notice in the mail from a collection agency demanding payment based on a municipal court judgment dated May 10, 2013. According to the paperwork, the garnishment order was issued back on November 19, 2014, and they are now seeking the full amount—both the principal and the accrued interest and legal fees. They are also tacking on late interest, which apparently has been compounding since that initial 2013 date. We are heading down to the local bank this afternoon to see if there is any way to mitigate this, perhaps by setting up a protected account or something similar. To make matters worse, we were granted a waiver for court costs about a year ago, and we foolishly assumed that covered everything. It turns out "court costs" and "filing fees" are two entirely different animals in the eyes of the law.

I am wondering if we have any grounds to file an appeal against these specific costs. My wife and I are both living on small Social Security checks, and frankly, we can barely cover the basics as it is. Is there any chance an appeal would actually be granted given that we already have that fee waiver on record? Furthermore, I am struggling to understand why this collection process didn't kick off immediately after the garnishment order was handed down a year ago. It feels incredibly suspicious, almost as if the plaintiff's attorney sat on their hands for exactly one year just to file this on November 18, 2015. Any insight would be greatly appreciated. Thank you.

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