Wage garnishments and collections

Hi,

I received a letter in the mail yesterday from Skadden, Arps, Slate, Meagher & Flom:
We are contacting you on behalf of our client, AT&T, regarding an execution proceeding currently being held before the Los Angeles County Superior Court under case number Ovrv-505/04. This proceeding was initiated against you to collect unpaid debts for electronic communication services. As of March 22, 2016, the total debt amounts to $775, consisting of $182 principal, $361 late interest, and court costs of $232. We are offering you the opportunity to settle this debt under special terms: if you make a single lump-sum payment covering both the principal and court costs in the amount of $414, AT&T will waive the late interest totaling $361. If you agree to this proposal, please submit the payment of $414 to AT&T's business account no later than 30 days from the date of this offer, and provide proof of payment to our law firm via fax or email. By making the payment of $414, it will be understood that you have accepted this offer, at which point AT&T will have no further claims against you regarding the aforementioned execution proceeding. Otherwise, we will proceed with legal action to recover the full amount of the debt.

Since this debt is for a bill from the second month of 2003, can I claim statute of limitations based on all this, or am I actually required to pay?

The letter is dated March 22, 2016, Washington, D.C.

Thanks for the help.

hey steelnomad65,

I got hit with a letter like that too. I don't know where you're located, but you should definitely look into what's going on with that writ of execution. Hanžeković gives you a month from the date of notice, but if you actually pick up the phone and call them, they'll usually give you another month just because you showed some initiative. In the meantime, head down to the clerk's office at the Los Angeles County Superior Court to see what the deal is with that writ. The bill is for February 2003, but based on the case number, they didn't start the writ of execution against you until early 2004. You really ought to check if that thing was stayed or if it's still active. If it was stayed, you'll need to dig through the archives to see when it became final and why it was put on hold. If it hasn't been stopped, my advice? Just pay the $414. There aren't any hidden fees.

I honestly don’t know where to look, who to ask, or even how to navigate this mess. I'm out of my depth here.

So, back in 2001, my mother racked up a massive bill on a cell phone plan while she was living in London for three months. For years, she kept the details quiet, just letting the debt sit there. Since then, she’s been shuffling everything into other people's names to avoid ownership. She has nothing in her own name except for a car that isn't worth more than $500. We recently had a blow-up when she was trying to exchange currency; they asked for her ID and she refused, acting like they had no right to know about her finances. Then she tells me that everyone at the bank is watching her every move—as if she hasn't been hiding things for decades.
I told her straight up: we need to go to the bank, face the music, and figure out what this debt actually looks like. You can't run from this forever.

The core issue is that the debt from 2001 is roughly $2000. Or maybe 9. Something like that. She was listing numbers, and it reached $5333. She thought, "Fine, I'll just save up enough and settle it." But then even she was blindsided when she realized she hadn't been fully transparent about the situation. It turns out there are interest charges piled on top, bringing the total debt to a staggering 43 $0.00.
My mother was unemployed from 2003—maybe 2002—until 2013. Is there any way to get this amount reduced? Has anyone dealt with settlement negotiations with major telecom companies regarding old debts? Who should we contact?

Quick question 👍 :

So, we've got a signed car sales agreement here, and it clearly states a specific amount that needs to be paid by a certain deadline.

Can someone actually kick off a writ of execution against the debtor based on a document like that? And if so, how long do I have to wait before I can make my move?

🤦

Can I actually start a writ of execution against my former employer if they still haven't paid out my wages from May and June of 2015? We got those notices about the unpaid salary back in August—and then... nothing. Just radio silence since then.

Rachel Kern26 said:I honestly don’t know where to look, who to ask, or even how to navigate this mess. I'm out of my depth here.

So, back in 2001, my mother racked up a massive bill on a cell phone plan while she was living in London for three months. For years, she kept the details quiet, just letting the debt sit there. Since then, she’s been shuffling everything into other people's names to avoid ownership. She has nothing in her own name except for a car that isn't worth more than $500. We recently had a blow-up when she was trying to exchange currency; they asked for her ID and she refused, acting like they had no right to know about her finances. Then she tells me that everyone at the bank is watching her every move—as if she hasn't been hiding things for decades.
I told her straight up: we need to go to the bank, face the music, and figure out what this debt actually looks like. You can't run from this forever.

The core issue is that the debt from 2001 is roughly $2000. Or maybe 9. Something like that. She was listing numbers, and it reached $5333. She thought, "Fine, I'll just save up enough and settle it." But then even she was blindsided when she realized she hadn't been fully transparent about the situation. It turns out there are interest charges piled on top, bringing the total debt to a staggering 43 $0.00.
My mother was unemployed from 2003—maybe 2002—until 2013. Is there any way to get this amount reduced? Has anyone dealt with settlement negotiations with major telecom companies regarding old debts? Who should we contact?

You’ve listed a bunch of things, but honestly, none of them are the most important part. When did they actually issue the writ of execution?

Looking for some help here if anyone can actually assist.
Today, April 11, 2016, a writ of execution based on an authentic document showed up at my office.

My colleague from payroll called me over immediately and handed me the paperwork she received.
It seems to be about a bill from May 2005, since there’s no mention of when this debt to AT&T was actually created.
I have several other documents attached—one from 2006, one from 2010, one from 2015—and then there's this current one, dated March 31, 2016.

I haven't received a single notice, nor did I have any idea a legal proceeding was being taken against me.

I can't prove I paid that 2005 bill, but it's possible I missed it during the chaos of moving. Eventually, I set up phone service at the new place, and I never got a single reminder about an outstanding balance.

What really gets to me is this:
An unnamed person, acting as a notary, issued the following:

Writ of execution based on an authentic document
The debtor is ordered to settle the debt
plus legal costs, with the option to appeal within 8 days.
And the kicker is the date on the document...
June 27, 2006.

What the hell were they waiting for? Nearly ten years later, they're hitting my paycheck, and now the interest has basically swallowed the principal.

Is there any way for me to fight this?

Thanks.

Unfortunately, just your typical American bureaucratic maneuver designed specifically to dodge the statute of limitations. 😢 It looks like the unnamed person has cooked up another batch of nonsense for us to deal with.

Dennis Jackson6 said:Unfortunately, just your typical American bureaucratic maneuver designed specifically to dodge the statute of limitations. 😢 It looks like the unnamed person has cooked up another batch of nonsense for us to deal with.

This whole country is corrupt... if you're young, just get out while you can. Save your sanity and your health. At least then you might actually get paid for your work and live somewhere where the legal system actually works.

A bunch of thieves...

I have a question regarding a situation I'm facing. I had an outstanding debt with T-Mobile dating back to September 2014. They kept pursuing it until January 2016, at which point they filed a request for a writ of execution based on a public document XX. Since it was clear that the statute of limitations had passed, I submitted a formal objection. I have now received a ruling that states the following:

ruled as follows:

I. The writ of execution based on public document XX from XX, business number Ovrv-82/2016 dated January 13, 2016, is hereby vacated regarding the portion that ordered the execution, and all actions taken during the proceedings are annulled.

II. The proceedings regarding the order to pay will continue in accordance with the objection filed against the payment order.

Reasoning

The debtor filed an objection against the writ of execution based on public document XX from XX, business number Ovrv-82/2016 dated January 12, 2016, and the contents clearly show that the decision in question is being challenged in its entirety.
Since the debtor is challenging the entire decision, pursuant to the provisions of Section 58, Subsection 3 of the Execution Act, it is ruled as stated above.

I am quite confused by what section II actually implies, and frankly, I don't fully grasp the rest of this either. What does this mean in practical terms? Does it mean everything is halted because my objection was accepted, or is there more to it?

It’s not actually being suspended; it’s just being rendered unenforceable for now. If someone files an objection, the writ of execution gets tossed aside and sent to the court to trigger a lawsuit—unless, of course, the other side decides to pull their request first.

Hi everyone—my wife completely missed a vehicle tax payment. Back when she was living with her parents, they used to handle all the mail and take care of those bills, so she didn't even realize it was her responsibility. Everything was fine until last year when she got a notice saying she owed about $267. It wasn't a massive amount, but it slipped her mind again—until a few days ago when a writ of execution arrived. Now they're planning to pull the debt (around $333) plus $67 in legal fees directly from her account.

The money is sitting in her account right now, but nothing has been withdrawn yet. What happens if she just pays the original debt plus interest directly to the account listed on the writ of execution—without including the $67 fees? Would they still try to seize the funds anyway? Is there any way to save that extra $67?

Just read that writ of execution from start to finish. Check what they’re actually ordering the debtor to do and what the deadline is... It probably says something like "the debtor is required to pay within 8 days of receiving this notice..."

I'm betting they'll just collect once the decision becomes final.

I just hope it doesn't end up like this:

rapidskipper12 Asks:
Take a close look at that writ of execution from start to finish—really digest the details. What exactly is being demanded of the debtor, and what's the actual deadline for payment? There’s usually some fine print tucked away—something like, "the debtor is hereby called upon to pay within 8 days of receiving this notice"—but isn't it better to be absolutely certain?

I assume they'll go ahead with the collection once the writ of execution becomes final—right?

No, it says here that filing an appeal doesn't actually stay the enforcement of the writ of execution—and honestly, why would we even bother appealing? The tax really wasn't paid. It’s probably better if we just settle it before the Financial Agency gets involved—unless, of course, we want them to handle the payment for us? $67 Commissions—though from what I can see, none of that actually matters since the big players always grab their slice of the pie. I can't track down the old paperwork right now, but we did receive a document specifying a tax amount—something my wife intended to pay—only for it to be announced in the papers later that no payment was required because the calculation was wrong. It seems there was a clear oversight, so she didn't end up paying it. Then, out of nowhere—boom—a writ of execution. But hey, shit happens, right?

I noticed an article mentioning that someone was hit with a writ of execution totaling roughly $12,000—quite a heavy blow, wouldn't you say? It’s always interesting to see how these legal rulings play out in the end.

Who even mentioned an appeal? READ THE WRIT OF EXECUTION. It lists exactly what you owe and tells you to pay up within x days, otherwise they’ll just have the Financial Agency freeze the money straight from your bank account...

It’s actually quite straightforward—mostly because I deal with writs of execution myself under the same legal framework... back in 2015, they updated the tax code, and apparently, anyone who settles up before the case is sent over to the Financial Agency doesn't have to cough up any $67 extra collection costs... so, if you just pay off the principal and the interest, you're golden... it isn't really about whether the ruling is final or not; it's all about that specific timing regarding when things get handed off for enforcement... I won't go digging through the tax code to find the exact article right now—that sounds exhausting—but seriously, just take my word for it... honestly, the whole setup feels a bit silly... I mean, you go through the trouble of drafting a writ of execution, only to find out the debtor doesn't even owe you the collection fees... it's almost like you just sent them a polite reminder instead! And don't even get me started on those tiny postage fees—what a joke... man, these enforcement cases just wear me out...

rapidskipper12 said:Who even mentioned an appeal? READ THE WRIT OF EXECUTION. It lists exactly what you owe and tells you to pay up within x days, otherwise they’ll just have the Financial Agency freeze the money straight from your bank account...

The writ of execution has already been submitted to the Financial Agency.

I’m not actually being asked to pay anything—I simply received the decision at my home address, along with copies sent to the agency and the postal service, essentially ordering the Financial Agency to go ahead and garnish the funds from my account.

Oh, goodness, that’s not quite it... those are really just formal notices sent out if you don't settle up within the deadline... I'd suggest paying exactly how I mentioned earlier—and if you can, maybe just give the IRS a quick heads-up once it's done!

The IRS completely botched my inheritance tax calculation. It was such a massive blunder on their part that I ended up taking them to the administrative court, and I actually won—the ruling mandates that the tax authorities restart the entire process from scratch.

It took about six months just for my case to finally hit the docket at the court. During those six months, the IRS was, predictably, hysterically sending me notices regarding a writ of execution (which is now completely moot). Now that there’s an official ruling in place, they’ve had the nerve to send me yet another notice about a writ of execution. Honestly, I almost feel bad for them; they seem so desperate to squeeze money out of people that they've become totally incompetent, those little bureaucrats.

Is it actually possible that they haven't been notified about the court's decision yet?

What should I tell them to make this nonsense stop? I plan on attaching the ruling, but do I need to include a formal letter, or is simply sliding the judgment into an envelope enough? I'll admit, I'm a bit "bureaucracy-challenged," and I haven't been able to get a hold of my lawyer for five days now.