Wage garnishments and collections

Honestly, they really could have initiated a writ of execution already—since a pending appeal doesn't necessarily freeze the enforcement process—so I'm guessing the second level rejected your appeal, which is probably why you ended up filing a lawsuit in the administrative court... but, in my experience, these things aren't usually forced if there's an active appeal or lawsuit in the works, so it might be better to just wait for the ruling. It’s entirely possible that their departments are totally siloed; one office might be sending out automated notices to everyone because, well, you clearly show up as a debtor in their accounting system. There's no way they aren't aware of the situation, though—if the administrative court actually overturned the decision, they'll eventually have to issue a brand new tax assessment. My advice? Just hang tight until the verdict comes in; if they try to push through a writ of execution before then, you can always contest it...

John Clark6 said:Honestly, they really could have initiated a writ of execution already—since a pending appeal doesn't necessarily freeze the enforcement process—so I'm guessing the second level rejected your appeal, which is probably why you ended up filing a lawsuit in the administrative court... but, in my experience, these things aren't usually forced if there's an active appeal or lawsuit in the works, so it might be better to just wait for the ruling. It’s entirely possible that their departments are totally siloed; one office might be sending out automated notices to everyone because, well, you clearly show up as a debtor in their accounting system. There's no way they aren't aware of the situation, though—if the administrative court actually overturned the decision, they'll eventually have to issue a brand new tax assessment. My advice? Just hang tight until the verdict comes in; if they try to push through a writ of execution before then, you can always contest it...

Thanks for the input. In my specific situation, they actually did force the issue, and since I am not the sole heir, they went after some of us with a writ of execution while leaving others completely alone, which is quite bizarre when you think about it. For one particular individual, they seemingly forgot she even existed, abruptly cutting off all communication until she was left waiting for the statute of limitations to run out, essentially praying they wouldn't remember her. (I assume that once the proceedings are reset to the beginning, she will find herself back in the line of fire, much to her chagrin.)

The real headache for me right now is that I can't get a hold of the attorney who holds the actual verdict; all I have is a photo of the judgment that he took with his phone, so I'll just send that over to them. I can only hope they won't make a fuss about the format.

It’s pretty clear we’re dealing with something a bit more complicated here... but honestly, let’s be real—taxes are just part of the deal, you've got to pay them 🙂 and besides, I don't think every single person working in government is sitting on a massive pile of cash or pulling in a huge salary 🙂

John Clark6 said: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!

I stopped by the IRS office today—they told me I have to pay the debt plus $67 the fees listed on the account in the writ of execution. :/

Execution Costs

Article 157.

(1) All costs associated with the execution are the responsibility of the debtor. In cases where there are multiple debtors, they are held jointly and severally liable.

(2) Any expenses not explicitly outlined in the initial writ of execution shall be determined via a separate decision within eight days of being incurred.

(3) The minimum amount for execution costs is set at $67 and these are collected during the execution process itself.

(4) If the debtor settles the debt based on the writ of execution before the Financial Agency actually receives it, then—technically speaking—the debtor isn't required to pay the execution costs tied to that specific order.

That’s exactly what I keep telling everyone—they really need to pay up! 🙂 It's just that things at unnamed location tend to get recorded much later...$67...so you have to stay ahead of it.

I just got hit with an execution for someone else's debt. How is this even legal, and who do I complain to?

It’s about court fees. Following an out-of-court proceeding, a supplemental succession order was issued, splitting the estate equally among three heirs.
Naturally, there are court costs associated with the process that all three heirs are required to split equally.
Two of us paid our shares promptly. The third heir—who currently has zero income and no bank accounts in the US—hasn't paid a dime. Now, without any prior notice or warning, they’ve seized funds from the first two heirs to cover the third person's debt, plus they tacked on late fees that were split between us. We settled our portions ages ago.

How is it possible to execute a judgment against people who already paid their debt, all without sending a single notification?!

It looks like you guys are all being treated as joint debtors—which basically means you’re all collectively on the hook for the whole tab... I suppose since it's easier to collect from your group, they just picked you to deal with, so now you're stuck dealing with the fallout alongside everyone else🙂

Why on earth should I be held liable alongside someone I don't even speak to or have any connection with, other than being heirs to some distant ancestor? It’s not like I can just cut them out of an inheritance if I wanted to. I don't get to choose who my co-heirs are—that’s just a fact of life I can't control.
The only place you'd see this kind of nonsense is in a system where someone pays their bills religiously, only to have their accounts seized without a single warning because of someone else's debt.
People constantly complain about why everyone is fleeing this backwater state. Well, how much longer are we supposed to fund the bureaucrats in government offices who dream up these ridiculous rules?
Let me repeat: I’ve met every one of my financial obligations. I didn't receive a single notice, yet my account was still hit because of a debt belonging to someone else—someone I never signed anything for, never co-signed for, and honestly, don't even talk to. There was no heads-up; I only found out by pure accident when I went to withdraw cash and realized part of it was missing. My funds were seized by the USA to feed a bottomless pit known as the federal budget.
In what universe is this considered fair??

Maybe you could try checking with the local courthouse to see exactly what went down there?

I really need some advice here, please,
after moving from NYC back to my hometown, I ran into a massive headache because I didn't have any official proof of residency; since I was living as a student in NYC, I wasn't formally registered there, so my internet provider refused to let me terminate my Contract based on moving to an area they don't service. They claimed they had no evidence that I’d actually moved since I wasn't on the local rolls in NYC... after months of arguing, returning all their equipment, and filing endless appeals, I heard nothing back for a year and a half, and now, out of nowhere, a collection notice just showed up at my door today.
quoting the notice:
The officer is hereby ordered to recover the debt in the amount of $391 along with the applicable legal late interest, which on the amount of:
- $391 shall accrue from 22.52015. to 31.7.2015 at the discount rate set by the Federal Reserve applicable during the last half-year preceding the current half-year, increased by 5 percentage points, and from 01.08.2015 until full payment at the average interest rate for credit balances approved for periods exceeding one year for non-financial commercial companies, calculated for the reference period preceding the current half-year and increased by 3 percentage points....

Then there are the notary fees and other miscellaneous costs that are pretty much self-explanatory, plus a screenshot of the bill from the provider showing the GRAND TOTAL—$391

What I want to know is, is there any way to fight this? Does "GRAND TOTAL" truly mean absolutely everything, or if it doesn't, how much would those interest charges actually run me? Is it even possible to waive the interest or perhaps work out a payment plan? I'm just a student with zero savings, my mom is working for peanuts, and my dad is a retiree, so what am I supposed to do?...

So, I just had a levy hit my account from $367... honestly, I’m speechless. I actually paid the bill within 8 days of getting the notice—I even called Las Vegas directly to let them know it was handled. They told me they’d see the payment and that the whole thing would be stayed. Fast forward 6 months later: bam, they went through with it anyway. What now? I sent over a copy of the receipt today showing it was already settled... any chance I can get my money back?

John Clark6 said:Execution Costs

Article 157.

(1) All costs associated with the execution are the responsibility of the debtor. In cases where there are multiple debtors, they are held jointly and severally liable.

(2) Any expenses not explicitly outlined in the initial writ of execution shall be determined via a separate decision within eight days of being incurred.

(3) The minimum amount for execution costs is set at $67 and these are collected during the execution process itself.

(4) If the debtor settles the debt based on the writ of execution before the Financial Agency actually receives it, then—technically speaking—the debtor isn't required to pay the execution costs tied to that specific order.

That’s exactly what I keep telling everyone—they really need to pay up! 🙂 It's just that things at unnamed location tend to get recorded much later...$67...so you have to stay ahead of it.

Thanks!

I've already paid off the debt, and they haven't even tried to go after my wife yet. I didn't pay the $67 fees. Should I send proof of payment somewhere? Since I paid directly to the county account, I'm a bit worried they won't notify the Federal Reserve.

Those aren't even the actual fees—those are the costs associated with the legal collection process itself... I suspect once Fina receives the enforcement order, they might even tack on some extra "service fees" $27 which they just pocket for themselves... If you’ve already settled this, my advice is to send them a formal letter stating you've paid, and make sure to cite $67 the specific article I mentioned earlier... You really have to be firm so nobody tries to play smart with your money—otherwise, you'll be stuck dealing with the headache of trying to get a refund later... In short... just send a notice combined with a warning that payment was already made before they forward everything over to the agency.

Hey everyone!
I need some quick, straight-to-the-point answers on two things... I just got hit with a garnishment notice and I'm definitely going to fight this! But what I really need to figure out is how they calculate those 8 days allowed under the law for filing an appeal...

Does that 8-day window start the actual day I received and signed the notification for the garnishment proposal, or does the clock only start ticking the day after I officially received it?

Also, can I just hand my objection directly to the notary public (since we’re in the same city) or am I strictly forced to send it through the mail? It feels absolutely insane to have to deal with the postal service when the guy is right here in town.

You’ve got 8 days from the date you get the notice; you can even take it to a notary in person if you want.

Chris Doyle4 said:Hey everyone!
I need some quick, straight-to-the-point answers on two things... I just got hit with a garnishment notice and I'm definitely going to fight this! But what I really need to figure out is how they calculate those 8 days allowed under the law for filing an appeal...

Does that 8-day window start the actual day I received and signed the notification for the garnishment proposal, or does the clock only start ticking the day after I officially received it?

Also, can I just hand my objection directly to the notary public (since we’re in the same city) or am I strictly forced to send it through the mail? It feels absolutely insane to have to deal with the postal service when the guy is right here in town.

It starts counting from the day after you sign the confirmation. For example, if you sign it on the 1st, then the 2nd is day one, and your deadline would be the 9th at midnight (count it out on your fingers or check the calendar). If that ninth day happens to fall on a weekend—say, a Saturday—then the deadline pushes to Monday, but honestly, I wouldn't risk playing games with that kind of math.

Does anyone know if the local sanitation department or the water company can actually go after someone living in an apartment who isn't the owner? I’m pretty sure the Public Utility Law clearly states that the property owner is the one responsible for these bills, but in the real world, they just sent a garnishment notice and froze the account of someone who doesn't even own the place. This isn't some subletting situation, and there isn't even a formal Contract between this person and the landlord.

The utility companies were notified in writing via certified mail, but they aren't backing down from trying to collect from this person.

They absolutely can—provided the Contract specifically transfers all rights and obligations to a new user. For instance, if someone was previously responsible for water usage and trash collection fees while leasing a property, those duties can be shifted. I suppose the key thing here is ensuring the new tenant is officially registered as the responsible party. At the end of the day, it really comes down to whose name was actually printed on the billing statements... it’s pretty much obvious who is meant to be paying!

And honestly, the Public Utility Law doesn't even apply to this situation... that's really just relevant when you're dealing with municipal service fees or water management levies.

darkmaker94 said:Does anyone know if the local sanitation department or the water company can actually go after someone living in an apartment who isn't the owner? I’m pretty sure the Public Utility Law clearly states that the property owner is the one responsible for these bills, but in the real world, they just sent a garnishment notice and froze the account of someone who doesn't even own the place. This isn't some subletting situation, and there isn't even a formal Contract between this person and the landlord.

The utility companies were notified in writing via certified mail, but they aren't backing down from trying to collect from this person.

I'm not entirely sure I follow what you're asking... I mean, if there's absolutely no legal agreement and this resident is just staying in the owner's place without any official lease filed with the city or the IRS, how on earth did the water company even find out about them to issue a garnishment order in the first place?

With a standard lease, you can totally agree that the tenant covers extra utilities on top of the rent. But if the responsibility stays with the landlord, then you need to file a formal appeal against that decision. You have to point out that the creditor has zero authority to pursue a garnishment against someone who shouldn't be on the hook...

No signed Contract, no payment... The owner is going to have to cover those costs themselves.