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Wage garnishments and collections

Started by Douglas Morgan3 · · 👁 25 views · 2.1K replies

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hollowmason64 hollowmason64 Regular
411 messages
joined Jan 2016
#1841 ·
rowdyraven112 said:Give me a break...

"In accordance with the Uniform Commercial Code, standard accounting practices, and Social Security Administration guidelines, a valid Writ of Garnishment carries the weight of a final court order. This holds more authority than an administrative freeze or a Wage Garnishment Consent (in instances where the notary receives the garnishment request prior to the employer receiving the Consent). It takes precedence over all other documents. Should an employer fail to comply, legal proceedings will proceed against the employer via seizure of their own corporate accounts."

This is a snippet from a letter certain companies receive from the Matrix agency. What do clueless employers do once they hit that last sentence?
They start paying one-third of the debtor's wages directly into the company's own checking account and the other two-thirds into a protected account. Or they pay a third to Matrix and split the rest—two-thirds to a protected account and a third to a frozen one.

By any logical standard, this falls under

Fraud.
Section 236.

(1) Anyone who, with the intent to secure an unlawful financial benefit for themselves or another, misrepresents or conceals facts to deceive someone, or maintains a deception, thereby inducing them to act or refrain from acting to the detriment of their own or another's property,

shall be punished by imprisonment from six months to five years.

Why is this misrepresentation and deception? Under the Uniform Commercial Code, the method for paying out protected portions of a salary into a shielded account is clearly defined by the Agency. Federal regulations clearly define what constitutes the "Agency" handling the garnishment. Article 2 of those regulations defines the submission process, while Article 5 and Section 180 of the Uniform Commercial Code establish the priority of execution.

Under the Uniform Commercial Code (can't recall the exact section), the debtor is responsible for notifying the agency regarding income exempt from garnishment. Based on that, the agency notifies the relevant institutions to ensure non-exempt funds are deposited into the protected account. EVERYTHING THAT ISN'T PROTECTED MUST BE DEPOSITED INTO THE FROZEN ACCOUNT UNLESS THE LAW STIPULATES OTHERWISE.

Wage garnishment based on consent only exists under Section 202 of the Uniform Commercial Code. Paragraph 8 states that the format and content of such a statement are prescribed by the Department of Justice. That specific format was published in the Federal Register back in 2014 (if I read that right).
Bottom line: if there isn't a signed statement from the debtor, nobody—not even Superman or Batman—can stop the non-exempt portion of the salary from going straight to the frozen account.

The notice Matrix sends to employers is a clear attempt to mislead them into thinking the legal action will pivot to their own business accounts.

Am I wrong here?

Wait, what specific part of the Bankruptcy Code gives an execution order more authority than an administrative freeze?
Brandon Hill8 Brandon Hill8 Active Member
57 messages
joined Apr 2011
#1842 ·
hollowmason64 said:Wait, what specific part of the Bankruptcy Code gives an execution order more authority than an administrative freeze?

Look, this guy is out here spinning his own little theories about debt collection. Every now and then he might accidentally stumble onto something right, but honestly? He hasn't got a clue what he’s talking about. It's pretty clear he doesn't even grasp the basic legal concepts he's trying to write about.

He’s actually spot on regarding the role of collectors, receivers, or debt enforcers, though. That’s textbook stuff. Things are actually quite straightforward. But even when things are crystal clear, you can still screw up the process.
hollowmason64 hollowmason64 Regular
411 messages
joined Jan 2016
#1843 ·
I honestly don't know how many times I can read these posts before my brain just hits a wall. 😵

As for The Matrix and those similar outfits, I get where they're coming from. Most people just don't understand how the law actually works, so they end up reacting based on pure intimidation tactics.
I had this woman reach out to me recently, venting about how a collection agency bought out her debt from PNC Bank. She’s currently unemployed with zero income, living off assistance, yet they’re breathing down her neck, threatening to trigger an execution under the Bankruptcy Code if she doesn't start paying up immediately.
It’s wild—it's like they're trying to initiate an execution against an execution itself. 🤣
Henry Stewart2 Henry Stewart2 Member
15 messages
joined Jan 2010
#1844 ·
Quick question.

If there’s a final ruling to stay an execution on personal property because collection isn't feasible, can the creditor come back for those assets later? I mean, after they've already tried hitting bank accounts and real estate?

👍
Brandon Hill8 Brandon Hill8 Active Member
57 messages
joined Apr 2011
#1845 ·
Henry Stewart2 said:Quick question.

If there’s a final ruling to stay an execution on personal property because collection isn't feasible, can the creditor come back for those assets later? I mean, after they've already tried hitting bank accounts and real estate?

👍

As long as the judgment or court order hasn't hit the statute of limitations, they can go after pretty much anything. A ruling to stop a seizure on personal property just means *that specific* action is paused. It doesn't mean they're done. If the underlying debt isn't expired under the law, they can restart the whole process against any of your assets—personal stuff, real estate, cash, rights, whatever.

So, yeah, the answer is yes, provided it hasn't timed out. And they don't even have to follow a specific order; they don't have to try the money or the personal property first. They get to pick their target.
rowdyraven112 rowdyraven112 Active Member
248 messages
joined Jun 2024
#1846 ·
I don't know what you're trying to say. Get to the point. The user said:
The guy’s out here cooking up his own theories on fraud. Sure, every now and then he stumbles onto something that actually makes sense, but honestly? He hasn't a clue what he's talking about. It's pretty obvious when someone has zero grasp of the basic institutions they're trying to critique.

He's right about the debt collectors, the buyers, or the repo men. It’s a classic application. Honestly, things are pretty straightforward here. But even when the path is clear, people still find ways to screw up the process.


The guy is just repeating exactly what’s written in that BlackRock letter. Look, what’s happening here is an employer being led astray by someone who clearly doesn't understand how garnishments work. They end up breaking the law by paying out unprotected funds to IBM or whoever else, while treating the rest like a standard bill payment—sending a third to the unprotected portion and two-thirds to the protected one. Why bother? Because they can. Nobody bothers reporting this kind of corporate misconduct to the Department of Justice. It’s blatant fraud. Why call it fraud? Because through this scheme, IBM is essentially trying to jump to the front of the line. The law on priority of payments is crystal clear across the board. What are they thinking?

This guy has mapped out the whole theory of asset seizure from top to bottom. You really think it's normal for someone to just... $333 The principals paid up. $1000 Interest rates? $1000 The only thing I can offer him is a recommendation to see a doctor—someone who can actually write him a referral to a specialist who handles this kind of mess. Honestly, I’d say the same about anyone else who just sits there and lets an attachment or a garnishment take them for everything they've got. $2333 What the hell is going on with this debt? $333And that's only when we're talking about the big money...

Let’s say I’m buried in debt. Massive debt. Interest rates have spiked through the roof, and I know damn well I’m never paying this off. I’ve got three options:
Stay quiet and let them bleed us dry.
File for personal bankruptcy and just let the government drain me dry? Is that the plan?
Fight back.

Some people just love picking fights over nothing. Look, under certain legal provisions, a creditor can go after someone's wages if they have the right authorization. It’s straightforward. To make it happen, the debtor can sign a statement in front of a notary alongside a reliable third party. This document confirms that the debtor is obligated to pay the debt to that third party within a seven-day window. Simple enough? $133 With interest rates sitting at 5% annually—meaning a cost of about... $67I need three copies.
Then have the same notary legalize it:
One promissory note from... $167
The Department of Justice issued a statement regarding seizing the protected portion of income up to the total debt amount. What does that even mean? The Department of Justice just dropped a massive update on the new regulatory framework. It’s a heavy lift. They’re tightening the screws on oversight and restructuring how certain financial audits are handled through the IRS. What does this actually change for the average investor? Not much in the short term, but the long game looks complicated. It feels like more red tape for the big players, while everyone else just watches the paperwork pile up. Is this about transparency, or is it just another way to increase the bureaucratic burden? Hard to say yet. We'll see who gets hit hardest when the dust settles.)

Toss those promissory notes straight to the IRS—specifically at the branches that accept them—provided there aren’t any active levies on file with the IRS yet. Make sure you also file that wage garnishment statement directly with the source, whether it’s through Social Security or your employer. That’s it. That puts you first in line. If you have an income... $2000 You won't be paying off those debts until somewhere around the year 2563.
Speed is everything here. You have to move fast if you want to beat the collectors to the punch.
If the creditor is already hitting up the IRS, then those promissory notes are basically useless. You’re better off targeting income instead. But even then, if they’ve already flagged your wages, an employer can dodge the whole thing pretty easily. They just fire you for one day and hire you back under a different position. During that gap, the boss sends the garnishment notice over alongside your termination notice. Then the creditor can go hunt somewhere else. In that scenario, you make sure your administrative filing takes priority. Obviously, you need to be on good terms with your boss for this to work.
Sure, some guy on this forum will probably claim the creditor is going to be jumping for joy because they can try to squeeze those costs out of the employer next. I disagree. The employer actually wins here. If you sign a statement admitting you blatantly violated labor laws and company policy, the employer gets ironclad proof that the termination was legitimate. It’s a clean break. And if they decide to rehire you later? They can just play the empathy card once your weeping wife, kid, or mother-in-law shows up at the office the very next day.

Regarding movable property and real estate—assuming there aren't any liens or mortgages attached—it’s best to handle those via sales contracts with close family members. Don't even think about using gift deeds. They’re too easy to challenge in court. Like rowdyraven112 mentioned, creditors are just sitting there waiting for an excuse to sue you just to collect more legal fees.

So, essentially, the unprotected portion gets moved to a trusted person who simply withdraws the cash from their account and passes it on to you.

Sure, there’s a provision in the law that allows a third party—in this case, the actual creditor—to contest all of this. But does it actually happen? If I recall correctly, rowdyraven112 said creditors love when this happens because they can bill for extra costs. But there's a difference between contesting something and actually proving it. If anyone asks where the money came from, you can always point to a grandfather saying, "Yeah, he needed it, so I gave him my life savings I kept under the mattress." Or if they ask about the payment, a neighbor could swear, "Yeah, it was paid for with my moonshine stash." You can find witnesses as needed. It’s honestly stupid to argue about this; it's obvious only one out of a thousand creditors will bother. Claiming they're just looking for extra profit is just noise. I've seen two court rulings where the creditors ended up losing the battle and having to pay the debtor for the lost lawsuit. A simple "yeah, sure" backed by a witness signing under penalty of perjury regarding the source of funds is plenty.

By the way, this idiot going by "rowdyraven112" has had the same seizure order thrown out three times. Not a stay of execution—the seizure itself is rejected and the order is invalidated. So much for your expertise, dear colleague. For the beginners out there: a seizure order goes straight to collection; you don't wait for an appeal. I'm looking forward to seeing this creditor try a fourth time, but they'll run out of time. Even the last judge didn't just uphold my objection; he added his own little commentary that basically pinned the creditor to the wall. So, I'm in the driver's seat now since the counter-seizures are already in motion. Sent them on time. Let's see how much the creditor whines once they become the debtor. I've tried offering settlements before, multiple times. Every single time I ended up looking like a fool, nearly getting hit with a misdemeanor charge for interfering with possession and disturbing the peace. My creditor was just too stubborn. Now, I'm just waiting for his accounts to get frozen so I can hear him start crying.

Bottom line. All of this only works if you use it to force a settlement with the creditor and wipe out the debt (make sure you document everything with notarized statements). The idea that creditors have empathy is nonsense. At least I haven't met a creditor with enough heart to forgive most of the interest and principal. Besides, if I were the creditor, how stupid would I have to be to write off interest that I am legally owed, unless I was forced to? That pretty much sums it up. Offer a settlement, but do it face-to-face on your own turf, not over email or phone.

That's it. Use the legal options available to you first. Only then do you sit down at the table with the creditor. And don't you dare settle without a follow-up letter stating that by making this payment, the creditor confirms that the debt related to specific accounts and contracts—including all interest and fees—is fully satisfied. Why do people rarely do this? To quote a friend of mine: "People are sheep. When a sheep grows too much wool, you shear it and wait for it to grow back." It reminds me of that old literary quote... "When grandma said this, the whole forest groaned; the magic vanished, because grandma loved her misery more than all the happiness in the world."
rowdyraven112 rowdyraven112 Active Member
248 messages
joined Jun 2024
#1847 ·
Quick question.

If there's a final ruling to suspend an execution against personal property because they can't collect, can the creditor come back for those assets later (after trying bank accounts or real estate)?

👍

Specifically, your seizure was suspended under Section 72(2) of the enforcement code. That means the underlying legal instrument used to demand payment is treated as if it never existed for the purpose of calculating the statute of limitations. You calculate the clock from when the bill actually became due, not from whenever the enforcement process ended. We're talking one, two, three, five, or ten years depending on the type. Since nobody here can read your mind to know which specific debt or contract we're talking about, you'll have to figure out the expiration date yourself.
If the debt hasn't hit the statute of limitations, then yeah, the creditor is absolutely going to restart the process against whatever assets they choose. Sitting around waiting for them to strike is your choice.
Brandon Hill8 Brandon Hill8 Active Member
57 messages
joined Apr 2011
#1848 ·
rowdyraven112 said:
Quick question.

If there's a final ruling to suspend an execution against personal property because they can't collect, can the creditor come back for those assets later (after trying bank accounts or real estate)?

👍

Specifically, your seizure was suspended under Section 72(2) of the enforcement code. That means the underlying legal instrument used to demand payment is treated as if it never existed for the purpose of calculating the statute of limitations. You calculate the clock from when the bill actually became due, not from whenever the enforcement process ended. We're talking one, two, three, five, or ten years depending on the type. Since nobody here can read your mind to know which specific debt or contract we're talking about, you'll have to figure out the expiration date yourself.
If the debt hasn't hit the statute of limitations, then yeah, the creditor is absolutely going to restart the process against whatever assets they choose. Sitting around waiting for them to strike is your choice.

Like I said before.

Plus, the statute of limitations for an enforceable instrument is ten years. That applies to the collection orders issued by a notary public too.

As for suspending a collection because it can't be carried out (though your question doesn't clarify if that's actually why things were halted), calculating the timeline gets tricky. We can't tell from your post if the suspension happened because the creditor messed up. If it wasn't their fault, the clock starts ticking again once the suspension order becomes final. Article 241 of the U.S. Code, along with 242 and 245, is crystal clear on this.
Brandon Hill8 Brandon Hill8 Active Member
57 messages
joined Apr 2011
#1849 ·
To get this moving, the debtor can sit down with a reliable third party to sign a formal statement. Once that’s signed, they just need to have it notarized to make it official. This basically guarantees that the debtor is legally bound to pay up the full amount to the creditor (or their designated representative) within a strict seven-day window. $133 With interest rates sitting at around 5% annually—which is basically just throwing money down the drain—you're looking at a massive cost... $67I need three copies of this.
After that, have the same notary handle the solemnization:
I'm looking at one specific credit agreement from... $167
The Department of Justice issued a statement regarding the seizure of protected income up to the amount specified in the debt declaration. (link:)I can't believe I actually had to sit through that entire legal document just to confirm what everyone already knows: the system is rigged. I’ve been looking over this section regarding Article 241 of the U.S. Code, and honestly, it’s enough to make your blood boil. It’s the same old story. They write these massive, convoluted regulations that look like gibberish to anyone without a law degree, all while burying the fine print that strips away our rights. It’s calculated. It’s deliberate. They want us confused so we don't realize how much they're overstepping. I was reading some comments earlier—and yeah, I know Brandon Hill8 thinks this is all just "standard procedure"—but let me tell you something: standard procedure shouldn't feel like a trap. When the rules are this opaque, it’s because they don't want you seeing the teeth behind the legislation. We’re talking about fundamental stuff here, the kind of stuff that affects how we operate every single day, and yet it’s treated like some dry, unimportant footnote. It makes me wonder how many more of these "updates" we're going to have to stomach before someone finally stands up and says, "Enough is enough." You can't just keep moving the goalposts and calling it progress. It’s not progress; it’s a power grab. Period.)

Aside from the fact that I wouldn't even sign a promissory note for my own mother, let's talk about this mess. $167It’s just common sense, isn't it? You have to look at the person you're handing a promissory note to and ask yourself if they're actually reliable before you hand over that kind of money. It’s a massive risk. And honestly, if we're talking about a close family member, the U.S. Code is crystal clear on the matter when it comes to Paulian actions. There's no ambiguity there.

Of course, our friend Brandon Hill8 is going to chime in and say the creditor will be jumping for joy because they’ll try to squeeze those costs out of the employer instead. But let me tell you something: the employer is actually going to be the one winning here. If you sign a statement admitting that you blatantly violated the terms of your employment contract and the company's internal policies, the boss gets a rock-solid piece of evidence. It proves they had every legal right to fire you on the spot. As for rehiring? Well, an employer can always play the "empathy" card if they want to look like a saint. They can just claim they felt bad after your weeping wife, kid, or mother-in-law showed up at the office the very next day.

They won't get a single cent out of the employer; instead, they’re going to try and squeeze it out of some poor guy just doing his job.

Of course there’s a legal loophole for this. Under Article 241 of the U.S. Code, a third party—in this case, the actual judgment creditor—has every right to challenge the whole thing. And honestly, if it even gets to that point, they probably will. I mean, if I recall correctly, Brandon Hill8 mentioned earlier on the forum that creditors absolutely love it when this kind of mess happens because it just gives them more excuses to tack on extra fees and costs. But look, there's a massive difference between just disputing something and actually proving it. You can claim whatever you want, but when the question comes down to "where did the money come from?", you're going to have a much harder time making that stick. Grandpa. Who’s going to say, "Yeah, sure, he saved his whole pension in a sock just to use it for this," when asked if the payout actually happened? Even my neighbor Peter could step up and testify, saying, "Yeah, that's exactly how my whiskey supply arrived." He can be a witness if needed. Honestly, arguing about this is just a waste of breath. It’s obvious that maybe one out of a thousand debtors might try something like that. Suggesting that people are just sitting there itching to grab extra cash is nothing but beating around the bush. I’ve personally looked at two court rulings where debtors were practically forced to fight the debtor over a lost lawsuit. A simple "yeah, it happened" is a perfectly valid statement when it's backed by a witness signature—someone who is confirming under "material and criminal liability" that the payment was made.

Look, Article 241 of the U.S. Code is crystal clear on this. It basically lays it all out: relatives already know damn well that disposing of assets like that is just a direct hit against the creditor. That means the burden of proof is entirely on them. They’re going to have to prove otherwise.

As for those other witnesses, it’s pretty obvious you haven't spent a single day sitting in a courtroom on the stand. Let me tell you from experience: even the toughest guys out there end up breaking down and sobbing once they're under oath.

Debt collectors who go after you over some pathetic cell phone bill, an overdraft fee, or any other bottom-feeding vultures are organized in two specific ways. First off, they’ve got massive call centers packed with staff. But more importantly? They do nothing else. That entire operation exists solely to harass people. It won't be a problem for them to track you down because that's their entire damn job description.

Look, this idiot going by "knedlaugrlu" has already had the exact same writ of execution thrown out three times. I’m talking about a full rejection and having the execution order declared void—not just a temporary stay. So, dear colleague Brandon Hill8, maybe sit this one out if you don't know what you're talking about. For the beginners out there: an execution order goes straight to collection immediately. You don't sit around waiting for the debtor's appeal. I can't wait for the creditor to try a fourth time, but they'll run out of time first. Even the last judge, on top of upholding my objection, basically cornered the creditor with his own little ruling. Now I'm sitting pretty because the counter-suits are already in motion. Sent them off right on schedule. Let's see how much the creditor whines once he finds himself on the receiving end. By the way, I didn't just offer a settlement once; I offered it multiple times. Every single time, I ended up looking like a complete moron, almost getting slapped with a misdemeanor charge for disturbing the peace and trespassing. And my creditor? A stubborn beast. Now, I'm just waiting for his bank accounts to get frozen so we can hear him start crying.

Nobody ever told you that you were a fool.

To get an execution order declared void, you just need to file an objection, and then the proceedings move forward before the court that issued the judgment.

Come on, lay out the facts of your case. Let's see if you actually used the tactic you're preaching or if this is something else entirely.

So, you have three counter-suits? Does that mean they pulled money from you three separate times based on that writ?

To wrap this up. Of course, all of this only makes sense if you manage to settle with the creditor afterward, force their hand, and settle the debt (provided everything is backed up by notarized statements). The idea that creditors have empathy is total nonsense. At least in my experience, I've never met a creditor with enough heart to waive most of the interest and the principal. Besides, if I were the creditor, how much of an idiot would I have to be to write off interest that I am legally entitled to under the U.S. Code, unless I was forced to? I think that says it all. If you want to offer a settlement, do it face-to-face on your own turf, not over email or a phone call.

Well, look at you, admitting you didn't actually pull it off.
And my creditor? A stubborn beast.
mellowrider66 mellowrider66 Newcomer
4 messages
joined Feb 2017
#1850 ·
So, here’s my current situation.

I'm expecting a garnishment to hit soon. Right now, I’ve only got about $6.75 left in my checking account, and I'm currently unemployed.
What's actually going to happen here???

I don't own any real estate, I don't have any stocks—honestly, there's pretty much nothing in my name at all. So, how are they even going to collect from me?

And, I guess, will I be able to set up some kind of installment plan to pay this off over time??
Ashley Young7 Ashley Young7 Newcomer
2 messages
joined Aug 2016
#1851 ·
So, here’s the situation: I’ve got some unpaid taxes owing, roughly $1,500. I'm currently between jobs right now. I was just wondering, if I manage to land a new position soon, will I actually see any of my paycheck? Or is a chunk of it going to be snatched up immediately for garnishment? Like, how much of it would I actually get to keep? Thanks so much in advance for any help or insight you guys can give me.
John Clark6 John Clark6 Regular
290 messages
joined Jun 2011
#1852 ·
Take that part with you—and hey, don't forget to set up that protected account right away!
Ashley Young7 Ashley Young7 Newcomer
2 messages
joined Aug 2016
#1853 ·
John Clark6 said:Take that part with you—and hey, don't forget to set up that protected account right away!

I guess I wonder, though... just how big of a slice are they actually going to take from me?
John Clark6 John Clark6 Regular
290 messages
joined Jun 2011
#1854 ·
1/3
rowdyraven112 rowdyraven112 Active Member
248 messages
joined Jun 2024
#1855 ·
Brandon Hill8 said:
To get this moving, the debtor can sit down with a reliable third party to sign a formal statement. Once that’s signed, they just need to have it notarized to make it official. This basically guarantees that the debtor is legally bound to pay up the full amount to the creditor (or their designated representative) within a strict seven-day window. $133 With interest rates sitting at around 5% annually—which is basically just throwing money down the drain—you're looking at a massive cost... $67I need three copies of this.
After that, have the same notary handle the solemnization:
I'm looking at one specific credit agreement from... $167
The Department of Justice issued a statement regarding the seizure of protected income up to the amount specified in the debt declaration. (link:)I can't believe I actually had to sit through that entire legal document just to confirm what everyone already knows: the system is rigged. I’ve been looking over this section regarding Article 241 of the U.S. Code, and honestly, it’s enough to make your blood boil. It’s the same old story. They write these massive, convoluted regulations that look like gibberish to anyone without a law degree, all while burying the fine print that strips away our rights. It’s calculated. It’s deliberate. They want us confused so we don't realize how much they're overstepping. I was reading some comments earlier—and yeah, I know Brandon Hill8 thinks this is all just "standard procedure"—but let me tell you something: standard procedure shouldn't feel like a trap. When the rules are this opaque, it’s because they don't want you seeing the teeth behind the legislation. We’re talking about fundamental stuff here, the kind of stuff that affects how we operate every single day, and yet it’s treated like some dry, unimportant footnote. It makes me wonder how many more of these "updates" we're going to have to stomach before someone finally stands up and says, "Enough is enough." You can't just keep moving the goalposts and calling it progress. It’s not progress; it’s a power grab. Period.)

Aside from the fact that I wouldn't even sign a promissory note for my own mother, let's talk about this mess. $167It’s just common sense, isn't it? You have to look at the person you're handing a promissory note to and ask yourself if they're actually reliable before you hand over that kind of money. It’s a massive risk. And honestly, if we're talking about a close family member, the U.S. Code is crystal clear on the matter when it comes to Paulian actions. There's no ambiguity there.

Of course, our friend Brandon Hill8 is going to chime in and say the creditor will be jumping for joy because they’ll try to squeeze those costs out of the employer instead. But let me tell you something: the employer is actually going to be the one winning here. If you sign a statement admitting that you blatantly violated the terms of your employment contract and the company's internal policies, the boss gets a rock-solid piece of evidence. It proves they had every legal right to fire you on the spot. As for rehiring? Well, an employer can always play the "empathy" card if they want to look like a saint. They can just claim they felt bad after your weeping wife, kid, or mother-in-law showed up at the office the very next day.

They won't get a single cent out of the employer; instead, they’re going to try and squeeze it out of some poor guy just doing his job.

Of course there’s a legal loophole for this. Under Article 241 of the U.S. Code, a third party—in this case, the actual judgment creditor—has every right to challenge the whole thing. And honestly, if it even gets to that point, they probably will. I mean, if I recall correctly, Brandon Hill8 mentioned earlier on the forum that creditors absolutely love it when this kind of mess happens because it just gives them more excuses to tack on extra fees and costs. But look, there's a massive difference between just disputing something and actually proving it. You can claim whatever you want, but when the question comes down to "where did the money come from?", you're going to have a much harder time making that stick. Grandpa. Who’s going to say, "Yeah, sure, he saved his whole pension in a sock just to use it for this," when asked if the payout actually happened? Even my neighbor Peter could step up and testify, saying, "Yeah, that's exactly how my whiskey supply arrived." He can be a witness if needed. Honestly, arguing about this is just a waste of breath. It’s obvious that maybe one out of a thousand debtors might try something like that. Suggesting that people are just sitting there itching to grab extra cash is nothing but beating around the bush. I’ve personally looked at two court rulings where debtors were practically forced to fight the debtor over a lost lawsuit. A simple "yeah, it happened" is a perfectly valid statement when it's backed by a witness signature—someone who is confirming under "material and criminal liability" that the payment was made.

Look, Article 241 of the U.S. Code is crystal clear on this. It basically lays it all out: relatives already know damn well that disposing of assets like that is just a direct hit against the creditor. That means the burden of proof is entirely on them. They’re going to have to prove otherwise.

As for those other witnesses, it’s pretty obvious you haven't spent a single day sitting in a courtroom on the stand. Let me tell you from experience: even the toughest guys out there end up breaking down and sobbing once they're under oath.

Debt collectors who go after you over some pathetic cell phone bill, an overdraft fee, or any other bottom-feeding vultures are organized in two specific ways. First off, they’ve got massive call centers packed with staff. But more importantly? They do nothing else. That entire operation exists solely to harass people. It won't be a problem for them to track you down because that's their entire damn job description.

Look, this idiot going by "knedlaugrlu" has already had the exact same writ of execution thrown out three times. I’m talking about a full rejection and having the execution order declared void—not just a temporary stay. So, dear colleague Brandon Hill8, maybe sit this one out if you don't know what you're talking about. For the beginners out there: an execution order goes straight to collection immediately. You don't sit around waiting for the debtor's appeal. I can't wait for the creditor to try a fourth time, but they'll run out of time first. Even the last judge, on top of upholding my objection, basically cornered the creditor with his own little ruling. Now I'm sitting pretty because the counter-suits are already in motion. Sent them off right on schedule. Let's see how much the creditor whines once he finds himself on the receiving end. By the way, I didn't just offer a settlement once; I offered it multiple times. Every single time, I ended up looking like a complete moron, almost getting slapped with a misdemeanor charge for disturbing the peace and trespassing. And my creditor? A stubborn beast. Now, I'm just waiting for his bank accounts to get frozen so we can hear him start crying.

Nobody ever told you that you were a fool.

To get an execution order declared void, you just need to file an objection, and then the proceedings move forward before the court that issued the judgment.

Come on, lay out the facts of your case. Let's see if you actually used the tactic you're preaching or if this is something else entirely.

So, you have three counter-suits? Does that mean they pulled money from you three separate times based on that writ?

To wrap this up. Of course, all of this only makes sense if you manage to settle with the creditor afterward, force their hand, and settle the debt (provided everything is backed up by notarized statements). The idea that creditors have empathy is total nonsense. At least in my experience, I've never met a creditor with enough heart to waive most of the interest and the principal. Besides, if I were the creditor, how much of an idiot would I have to be to write off interest that I am legally entitled to under the U.S. Code, unless I was forced to? I think that says it all. If you want to offer a settlement, do it face-to-face on your own turf, not over email or a phone call.

Well, look at you, admitting you didn't actually pull it off.
And my creditor? A stubborn beast.

I'm talking about the execution writ. Unlike a credible instrument that gets invalidated through a timely appeal, appealing an execution based on a writ doesn't stop the enforcement.

Facts? I'm not stupid enough to just throw them out there. But the way that writ was issued gave me this idea. How? I realized the courts are clueless and judges are just puppets blindly following legal frameworks without giving a damn about anything else.
Say I sue my mother for neglect and demand damages from $167. She misses court once, twice, and the court issues an ENFORCEMENT writ stating she owes me $167 due to her default. So much for your "Paulian law."

And I've looked into all of this, so your "Paulian law" is a minor issue to me. By the time the creditor even tries to pull the trigger, the writ will be past the statute of limitations...

And that statute of limitations is getting very, very close. The creditor is going to have a hard time swallowing that one.
rowdyraven112 rowdyraven112 Active Member
248 messages
joined Jun 2024
#1856 ·
Ashley Young7 said:So, here’s the situation: I’ve got some unpaid taxes owing, roughly $1,500. I'm currently between jobs right now. I was just wondering, if I manage to land a new position soon, will I actually see any of my paycheck? Or is a chunk of it going to be snatched up immediately for garnishment? Like, how much of it would I actually get to keep? Thanks so much in advance for any help or insight you guys can give me.

There are actual procedures in place to request tax debt relief. Do some digging.

http://www.irs.gov/payments/relief-for-taxpayers
rowdyraven112 rowdyraven112 Active Member
248 messages
joined Jun 2024
#1857 ·
mellowrider66 said:So, here’s my current situation.

I'm expecting a garnishment to hit soon. Right now, I’ve only got about $6.75 left in my checking account, and I'm currently unemployed.
What's actually going to happen here???

I don't own any real estate, I don't have any stocks—honestly, there's pretty much nothing in my name at all. So, how are they even going to collect from me?

And, I guess, will I be able to set up some kind of installment plan to pay this off over time??

You can only talk about repayment terms with the creditor directly. And "a judgment is coming"? That's a hell of a way to put it. Why wait until they're at your door instead of just settling things with them now?
Dennis Jackson6 Dennis Jackson6 Member
37 messages
joined Jan 2018
#1858 ·
rowdyraven112 said:You can only talk about repayment terms with the creditor directly. And "a judgment is coming"? That's a hell of a way to put it. Why wait until they're at your door instead of just settling things with them now?


I mean, maybe it's because the guy doesn't actually have anything left to negotiate with. From what I can tell, he's unemployed. It really just comes down to whether he can manage to save these $6.75 months.
Morgan Hall8 Morgan Hall8 Newcomer
1 message
joined Sep 2016
#1859 ·
Not sure if this is the right thread, but I was wondering if an enforcement order actually has to be delivered in person. Like, what happens if someone moved and the mail carrier just leaves the notice at their old address?
Thanks
ruggedmaker2 ruggedmaker2 Regular
469 messages
joined Mar 2018
#1860 ·
I’m not 100% certain here, but my gut tells me it just bounces back to the sender and ends up posted right on the message board.
I mean, I check the boards every now and then, and I’ve definitely seen stuff like that pop up there before.

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