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Wage garnishments and collections

Started by Douglas Morgan3 · · 👁 20 views · 2.1K replies

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Participants Douglas Morgan3Kimberly Barnes8Jesse Mendoza60redcrane22John Clark6Benjamin Taylor6crimsonsailor7frozenbison60Daniel Martinez9Scott Johnson66Keith Parker3Frank Garcia85mistylynx55Michael Gonzalez6urbanorca91John Myers48Jack Palmer4Rebecca White4Nicholas Nguyen4Arthur Smith56nimbleheroncasualcyclist18Linda Fowler2Matthew Wilson59 …
Sam Wright21 Sam Wright21 Regular
402 messages
joined Jul 2016
#1881 ·
Benjamin Taylor6 said:It wouldn't be a simple gift deed; you're looking at a standard gift contract. But here’s the catch: you’d likely need to transfer the entire apartment to your mother, your kids, or your husband—or split it among them. If you only transfer a partial interest, your creditors can still seize your specific share and then petition to force the sale of the entire property.

If you're expecting any kind of windfall or assets coming your way, you have to be extremely careful, because they will move to garnish those funds immediately. Especially anything sitting in a bank account.

I had always assumed that a "third-party objection" carried some actual weight when someone tried to foreclose on a primary residence. I mean, honestly, who in their right mind would bid on nothing more than a single living room?!?

So, what is the practical distinction between a simple deed and a formal gift agreement?
Benjamin Taylor6 Benjamin Taylor6 Regular
577 messages
joined Apr 2017
#1882 ·
Sam Wright21 said:I had always assumed that a "third-party objection" carried some actual weight when someone tried to foreclose on a primary residence. I mean, honestly, who in their right mind would bid on nothing more than a single living room?!?

So, what is the practical distinction between a simple deed and a formal gift agreement?

Back in the day, my grandmother handed me an envelope containing some assets. Well, the local courthouse wouldn't recognize it—they flat out refused to register it in my name. It wasn't until we sat down and drafted a formal gift deed that everything finally got recorded properly.

As for that whole mess regarding foreclosing on a single room... let me tell you, a creditor will take that from you without breaking a sweat.
If the debtor is listed as one of the co-owners, a creditor can use foreclosure to seize their specific share of the property. From there, they can petition to terminate the inter-ownership agreement with the other owners. In the end, you could find the entire property headed to auction, with the proceeds split up based on everyone's ownership percentage. Most often, though—and this happens all the time in these legal tangles—the remaining co-owners just end up buying out the creditor's portion, simply to prevent the whole place from being sold off at a massive loss at auction.
Sam Wright21 Sam Wright21 Regular
402 messages
joined Jul 2016
#1883 ·
Much appreciated. For what it’s worth, I’m trying to avoid putting the apartment under my mother’s Social Security number; I have zero interest in seeing her assets targeted by creditors. I’m operating under the assumption that a notary isn't legally obligated to report ownership changes directly to the ZK department, right?

At any rate, it would be a godsend if they could just issue an injunction against seizing her only property.
Drew Peterson3 Drew Peterson3 Member
19 messages
joined Sep 2016
#1884 ·
Sam Wright21 said:Much appreciated. For what it’s worth, I’m trying to avoid putting the apartment under my mother’s Social Security number; I have zero interest in seeing her assets targeted by creditors. I’m operating under the assumption that a notary isn't legally obligated to report ownership changes directly to the ZK department, right?

At any rate, it would be a godsend if they could just issue an injunction against seizing her only property.

Man, that would be great. If that were the case, I'd buy an apartment right now, never pay the bank back a single cent, and honestly, I wouldn't give a damn about anything knowing they couldn't kick me out.😵

And this whole idea of giving your mom a slice of the property just to dodge a seizure? Total nonsense. It's like you think creditors are idiots who haven't heard of the mandatory relationship law.
Sam Wright21 Sam Wright21 Regular
402 messages
joined Jul 2016
#1885 ·
I’m not actually a debtor in the eyes of my bank, aside from that small overdraft cushion they yanked away from me once those HOA types started freezing me out.

If you walk into a situation knowing you can't afford the payments, common sense dictates you shouldn't take the loan in the first place. Besides, a bank isn't going to cut you a check if you don't have steady, reliable cash flow coming in. Then there's the reality that life happens—disasters strike when you least expect them. That’s why your primary real estate should always be shielded. Honestly, banks play such a shell game with interest rates that it takes forever just to touch the principal; their obsession with squeezing every cent of profit out of you really doesn't move the needle for me.

As for the HOA fees, they're nothing short of a legalized shakedown. It's infuriating to deal with a damp ceiling because they used cheap, bottom-tier materials on the roof, all while I'm being prevented from managing my own property the way I see fit—specifically, by being unable to sell it. It feels like a direct violation of my constitutional property rights.

What on earth does the mandatory relationship law have to do with the gift I gave my mother? They are systematically violating that law and ignoring the relevant contracts, yet the courts seem content to rubber-stamp their actions without a second thought.

If the debt I owe my mom was established back when I was buying this apartment—well before any of these current liabilities surfaced—how can you argue that gifting her those funds isn't a perfectly legitimate way to settle that original debt? There simply isn't any other way to do it.
Benjamin Taylor6 Benjamin Taylor6 Regular
577 messages
joined Apr 2017
#1886 ·
Sam Wright21 said:Much appreciated. For what it’s worth, I’m trying to avoid putting the apartment under my mother’s Social Security number; I have zero interest in seeing her assets targeted by creditors. I’m operating under the assumption that a notary isn't legally obligated to report ownership changes directly to the ZK department, right?

At any rate, it would be a godsend if they could just issue an injunction against seizing her only property.

The notary is absolutely required to report any change in ownership to the IRS.

In my opinion, the smartest move would be to gift the apartment to your kids while you retain a life estate.
That way, nobody can touch the property.
If the debt my mom owes me actually stems from when I was originally buying the apartment—meaning long before all these recent liabilities popped up—don't you think gifting it back to her would be a perfectly legitimate way to settle that original debt? Since there isn't any other debt to speak of.

What kind of debt are we even talking about here? Is it just unpaid HOA fees or something?
Sam Wright21 Sam Wright21 Regular
402 messages
joined Jul 2016
#1887 ·
Yeah, thanks, I gathered from that article that she’ll have to report it to the IRS, though obviously not to the county recorder's office since you have to pay the $83 just to get anything officially filed, or at least that was my understanding.

Sure, the principal amount itself is mostly just a fairy tale, but then they tack on the interest, the astronomical legal fees from the property manager’s attorney, the notary costs, the court fees... the whole works.

I don't have any kids; my mother is actually my only immediate family left, but unfortunately, her health situation is... complicated. It’s like she’s caught in some sort of prolonged state of limbo, a kind of living expiration. 😢

It’s all just a complete nightmare...
rowdyraven112 rowdyraven112 Active Member
248 messages
joined Jun 2024
#1888 ·
Sam Wright21 said:Yeah, thanks, I gathered from that article that she’ll have to report it to the IRS, though obviously not to the county recorder's office since you have to pay the $83 just to get anything officially filed, or at least that was my understanding.

Sure, the principal amount itself is mostly just a fairy tale, but then they tack on the interest, the astronomical legal fees from the property manager’s attorney, the notary costs, the court fees... the whole works.

I don't have any kids; my mother is actually my only immediate family left, but unfortunately, her health situation is... complicated. It’s like she’s caught in some sort of prolonged state of limbo, a kind of living expiration. 😢

It’s all just a complete nightmare...

Alright, let’s satisfy that curiosity regarding the lawsuit in French Polynesia. If you want the full breakdown, just scroll back through the last couple of pages—I’ve already gone deep into my discussions with the guys here about it. So, what’s the deal? What are we actually looking at?
Look, here’s the bottom line: under the mandatory relationship law, a creditor can sue you. If they think you’re abusing the law just to dodge what you owe them, they’ve got grounds. Short and sweet. That's it.
Since you're planning to dodge taxes by using a gift agreement instead, just a heads-up: you're looking at a three-year statute of limitations for filing a lawsuit. That clock starts ticking the moment the agreement is notarized or signed before any other official institution. Think about that.

And another thing—none of you guys on this forum can actually warn anyone about the fallout. Why? Because you haven't lived it. You don't have the experience. I do.
So, based on what everyone here says, transferring just half the apartment is a stupid move. Why? I can DM you if you want the full list of reasons, but there are plenty. It’s also incredibly reckless to transfer everything to your mother when she’s practically on her deathbed—especially since some random aunt or uncle could swoop in later and demand their legal share during probate. The real question you need to ask yourself is: how much do you actually trust your sister? And if she’s married, how much do you trust her husband? Think about it. If things go south between them, that apartment becomes marital property. You want to be protected? Get a notarized agreement or statement from the husband where he explicitly waives any right to the property. Simple as that.
And I won't even get started on the situation where your sister could end up facing a garnishment order.

Look, from what I can see, you need to act—right now. It’s basic legal strategy. An attorney's first move is always to go after liquid assets through garnishment. They don't even touch real estate or personal property until they've exhausted every single avenue to collect cash. By then? Three years have already slipped by.
Since there’s a real risk the creditor might actually file that lawsuit on time, here’s what I’d suggest: sign an agreement dated the day before you buy the apartment. State clearly that your sister lent you the money for the place and that you guarantee repayment within ten years. If you fail to pay her back, she has the right to claim ownership via a gift deed. Because you're signing this retroactively, just type it up and have it signed by you, your sister, and three witnesses—your friends. For the court, this is a valid legal action that serves as the foundation for your future gift deed. Between two private individuals, you don't need a notary. A notary only provides official authentication if you end up in a legal battle over the document itself. Adding those witness signatures gives the agreement more "weight." Just remember: witnesses can't be family members.
If they decide to sue, they'll just claim the statute of limitations has passed. They might even drag in some "witnesses" to swear the contract was signed. To a court, that’s just a calculated legal move made long before the family ever found out about a potential foreclosure. What else would you expect?
This isn't just theory. It’s based on actual court cases—one of many, really—where a loan agreement scribbled in ballpoint pen and signed by two witnesses was upheld. It gave a predatory lender the green light to evict an elderly couple from their home. Do a little digging if you don't believe me.
I’m probably going to get crucified for this one by people who clearly can't grasp basic elementary law, so do whatever you want with it.
Sam Wright21 Sam Wright21 Regular
402 messages
joined Jul 2016
#1889 ·
Benjamin Taylor6 said:The notary is absolutely required to report any change in ownership to the IRS.

In my opinion, the smartest move would be to gift the apartment to your kids while you retain a life estate.
That way, nobody can touch the property.
If the debt my mom owes me actually stems from when I was originally buying the apartment—meaning long before all these recent liabilities popped up—don't you think gifting it back to her would be a perfectly legitimate way to settle that original debt? Since there isn't any other debt to speak of.

What kind of debt are we even talking about here? Is it just unpaid HOA fees or something?

Forgive me if I'm being blunt, but the debt I owe my mother actually traces back to 2003, when she provided the capital for my initial down payment. Any subsequent debts—the ones incurred after 2009—are entirely separate matters.
Benjamin Taylor6 Benjamin Taylor6 Regular
577 messages
joined Apr 2017
#1890 ·
Sam Wright21 said:Forgive me if I'm being blunt, but the debt I owe my mother actually traces back to 2003, when she provided the capital for my initial down payment. Any subsequent debts—the ones incurred after 2009—are entirely separate matters.

Look, if you actually have some kind of paper trail—I mean real, hard evidence—proving she lent him that cash, then the creditors probably don't stand a chance at filing a Paulian action. Without that proof, their legal argument just falls apart.
So, a friend of mine ended up walking away with half a house after her father passed away. But—and this is where she showed her true colors—she was clever enough to transfer the deed over to her only daughter immediately. It’s been five years since that happened now, so it's far too late for any creditors to try a fraudulent conveyance lawsuit. She played the system perfectly.

Now, regarding those old debts for the homeowners association—listen, they expire after three years. Once that statute of limitations hits, they’re basically dead in the water. So, if you actually get served with a summons or some legal notice, don't just sit there looking confused. You need to hit them with a direct question right out of the gate: exactly which timeframe are they trying to collect on? Once they answer, you make your move. You tell them—clearly and firmly—that you'll agree to settle the dues for only the last three years, and ideally, you should push for a payment plan. It's about being smart and not letting them shake you down for money that legally isn't even owed anymore. Just stay calm, hold your ground, and remember that the law is on your side here.
That’s exactly how I managed to dodge those local property taxes on my house back in 2018—just a little bit of maneuvering here and there.
So, here’s the thing about inheriting property—it sounds like a windfall until you realize you’ve inherited a mountain of paperwork and old debts, too. When I first took over the house, I completely missed a few years of property tax assessments. I wasn't trying to dodge anything, per se, it just... slipped through the cracks during the transition. Eventually, I got my act together and started paying everything current. But then the notices started coming. Every single year, they’d send me some official letter claiming I still owed money from back when I first moved in. And honestly? I just ignored those specific claims. I kept paying every new bill they sent me—staying current on the present—but that old stuff? I just left it sitting there. Well, things escalated. I finally got a notice saying they were actually going to sue me to recover the arrears. Instead of panicking, I just sat down and sent them photocopies of my payment receipts from the last three years—proof that I am a responsible taxpayer today. As for that ancient debt they were hounding me about, I made it very clear in my response: according to the statute of limitations, that debt is dead and buried. You can't just chase ghosts forever.
And then, just like that, they went dead silent.
Some people just panic—I mean, they truly lose their minds—and end up making these desperate side deals with creditors to pay off old debts in installments. It’s honestly ridiculous. We have a woman living in my apartment building who did exactly that. Just a total knee-jerk reaction to stress instead of actually facing the music.

rowdyraven112 Asks:

So, following some advice I picked up from the folks over on this forum, it’s clearly a massive mistake to just sign over half the apartment—I could go into all the specific reasons via private message if you really want the deep dive, because honestly, there are plenty—and it’s equally foolish to transfer everything into my mother's name when she’s already facing serious health struggles. If you do that, any random aunt or uncle can swoop in during probate and start demanding their "fair share" of the estate. It's a headache waiting to happen. At the end of the day, what you really need to be asking yourself is how much you actually trust your sister. And if she’s married, you have to ask: how much do you trust her husband? Because let me tell you, if things ever go south between them, that apartment becomes marital property. It's just how it works here. To protect yourself, the only real move is to get a notarized agreement or a written waiver from the husband, where he formally renounces any and all rights to the property. Better safe than sorry.
And I suppose I shouldn't even get started on the whole mess regarding the specific scenarios where your sister could end up facing a legal seizure of her assets—not that I’m looking to stir the pot, but honestly, it’s a minefield.
.

There’s one specific part of this whole situation that keeps tripping me up—I can't quite wrap my head around it. So, Sam Wright21 could technically gift her apartment to her sister. But here’s the kicker: she can set up an inter-ownership agreement with her sister first. That means—and this is the part that really gets me—she can stay in the place for as long as she’s alive, and she could even rent it out and pocket the cash herself. Even though, on paper, the sister is the actual owner who received the gift. It feels like a massive loophole, honestly.
So, let’s say my sister goes totally belly up—I mean, full-blown bankruptcy, overextended on every credit line she can find—does that mean creditors can come knocking on the door of someone who actually holds the usufruct rights? Specifically, if someone like Sam Wright21 is holding those rights, can they be kicked out of the house? I’ve heard from a few sources that the answer is a flat NO!!
I was just sitting here thinking about how much things have changed—not just the tech, but the whole way we handle these little disputes—when I stumbled back onto this thread. It’s funny, really. You think you understand how these legal frameworks work until you actually get tangled up in one. Anyway, regarding what was said earlier... I still can't quite wrap my head around why people act like the inter-ownership agreement is some kind of suggestion rather than a binding document. It’s a contract! That’s the whole point. I remember back when I was dealing with that mess over in Chicago—totally different situation, but the same headache—where someone tried to claim they weren't bound by the building management contract because "circumstances changed." Give me a break. Circumstances change every day, but a signed agreement stays put. And don't even get me started on the mandatory relationship law. It feels like every time we turn around, there's some new layer of bureaucracy being added to an already complicated system. It’s exhausting. You try to follow the rules to the letter, and then some official looks at you like you're the one being difficult. It's enough to make you want to pack it all up and move to French Polynesia, though I suppose the humidity might be a dealbreaker for my joints. It's just frustrating. You see these arguments breaking out online, people throwing accusations around without understanding the actual legal backbone of the issue. We aren't living in a lawless wasteland; we have the Constitution for a reason. If we can't respect the foundational rules of our own institutions, where does it end? It ends in chaos, that's where. Just more paperwork and more shouting matches.

QUESTION:
So, let's say we look at a situation like this—let's say Peter Peric holds a life estate on a property. I go ahead and buy the real estate, thinking I’ve got a clean deal, but then what? What am I supposed to do with Peter? Am I stuck dealing with him indefinitely, or does that whole burden just get wiped clean once the deed transfers? It’s one of those legal headaches that makes you wonder why things aren't more straightforward.

ODGOVOR:
That’s just how it is—you're stuck dealing with Peter Peric until further notice.
rowdyraven112 rowdyraven112 Active Member
248 messages
joined Jun 2024
#1891 ·
When you buy an apartment, you inherit all the rights and obligations that existed before the sale 😉.
We could argue based on mandatory relationship law here, but let’s save that for later. Basically, the seller is legally obligated to disclose every single right and liability the buyer will take on by closing the deal.
So, you just have to suck it up, Frank 😉.

But since this is technically a defect, there's a way to deal with Frank subtly. Sometimes Frank has to leave the unit empty, right? While he's out, you break in, grab everything he left behind, dump it at some landfill only you know about, and move your own furniture in. Change the locks and act casual when the cops show up. Under the Constitution, nobody can enter a residence without a warrant, and once the police see that Frank doesn't have a key while you do, they'll just back off. If the cops ask who Frank is, tell them you've never seen him in your life and ask them to remove him from your property, since you're one of the co-owners of the building.
In that scenario, Frank might try to sue to enforce his rights, but all you need are three witnesses to testify that the apartment was empty when you moved in. You should also update your residency to that address. And don't forget to change the locks on the storage unit and the basement too 😉.
Sam Wright21 Sam Wright21 Regular
402 messages
joined Jul 2016
#1892 ·
Honestly, my head is spinning. I've been digging through these legalities from French Polynesia.

1. I can't just gift anything to my sister because of tax implications if we aren't direct descendants, and frankly, we don't have the cash lying around right now.
2. Everyone knows my mom gave me money back in 2003, but there isn't a single shred of a written contract to prove it.
3. I refuse to let the recipient be stuck footing any current or future expenses.

Is there some kind of workaround?!? Does anyone have any ideas?

Look, I’m not a cheapskate, but I refuse to hand over an apartment to a thief—it's not just about principle, it's about survival; you can't stay afloat when the bottom falls out. Otherwise, they can just pack up all their dishes and nonsense into three MP3 players and go. Life is far too short and fragile for this; I’d much rather be sleeping under a tree in French Polynesia.

Benjamin Taylor6
, everyone initiates foreclosures promptly, and once that process hits, the statute of limitations is 10 years.
Benjamin Taylor6 Benjamin Taylor6 Regular
577 messages
joined Apr 2017
#1893 ·
Sam Wright21 said:Honestly, my head is spinning. I've been digging through these legalities from French Polynesia.

1. I can't just gift anything to my sister because of tax implications if we aren't direct descendants, and frankly, we don't have the cash lying around right now.
2. Everyone knows my mom gave me money back in 2003, but there isn't a single shred of a written contract to prove it.
3. I refuse to let the recipient be stuck footing any current or future expenses.

Is there some kind of workaround?!? Does anyone have any ideas?

Look, I’m not a cheapskate, but I refuse to hand over an apartment to a thief—it's not just about principle, it's about survival; you can't stay afloat when the bottom falls out. Otherwise, they can just pack up all their dishes and nonsense into three MP3 players and go. Life is far too short and fragile for this; I’d much rather be sleeping under a tree in French Polynesia.

Benjamin Taylor6
, everyone initiates foreclosures promptly, and once that process hits, the statute of limitations is 10 years.

You really don't have many options other than transferring the deed to your mother and setting up some sort of legal arrangement with her.
For instance, a life estate or a similar support agreement. Or, your mother could draft a will right now stating the property goes to you, with your sister signing on as a co-signatory to unconditionally waive any claim to her portion of the estate.
Benjamin Taylor6 Benjamin Taylor6 Regular
577 messages
joined Apr 2017
#1894 ·
rowdyraven112 said:When you buy an apartment, you inherit all the rights and obligations that existed before the sale 😉.
We could argue based on mandatory relationship law here, but let’s save that for later. Basically, the seller is legally obligated to disclose every single right and liability the buyer will take on by closing the deal.
So, you just have to suck it up, Frank 😉.

But since this is technically a defect, there's a way to deal with Frank subtly. Sometimes Frank has to leave the unit empty, right? While he's out, you break in, grab everything he left behind, dump it at some landfill only you know about, and move your own furniture in. Change the locks and act casual when the cops show up. Under the Constitution, nobody can enter a residence without a warrant, and once the police see that Frank doesn't have a key while you do, they'll just back off. If the cops ask who Frank is, tell them you've never seen him in your life and ask them to remove him from your property, since you're one of the co-owners of the building.
In that scenario, Frank might try to sue to enforce his rights, but all you need are three witnesses to testify that the apartment was empty when you moved in. You should also update your residency to that address. And don't forget to change the locks on the storage unit and the basement too 😉.

But Peter Peric has documentation proving he's the one with usufruct rights to that apartment. Isn't that enough to satisfy the police?
Sam Wright21 Sam Wright21 Regular
402 messages
joined Jul 2016
#1895 ·
Benjamin Taylor6 said:You really don't have many options other than transferring the deed to your mother and setting up some sort of legal arrangement with her.
For instance, a life estate or a similar support agreement. Or, your mother could draft a will right now stating the property goes to you, with your sister signing on as a co-signatory to unconditionally waive any claim to her portion of the estate.

Mom isn't legally competent anymore 😢 which means everything has to go through your sister, assuming she steps up to become her legal guardian.

Look, Benjamin Taylor6, I have to find a way to protect my own property. What kind of will are we talking about where Mom leaves me an apartment that already belongs to me? It doesn't make sense.

The whole point here is to shield my only piece of real estate from being seized by creditors.
rowdyraven112 rowdyraven112 Active Member
248 messages
joined Jun 2024
#1896 ·
The police are just there to establish the facts. Even our fellow forum member Drot can confirm that 😉. The cops show up, see who actually holds the key to the lock. Since the locks have been changed, the police are going to politely escort our friend Peter off the property. And honestly? Peter should be happy if he manages to walk away without getting slapped with a disorderly conduct charge. At that point, the owner can simply testify that they’ve never seen this guy before, the unit was completely vacant when they moved in, and they’ve lived there for a year and a half already. The police aren't there to hold town hall meetings with the neighbors or take statements. I shouldn't have to spell out that under the law, if an apartment is vacant, a life tenant loses their right to occupy it. Plus, the neighbors get rid of the problem easily. It's better to stay on good terms with the new owner than to end up in a feud with the neighbors.

Sure, Peter can try to fight for his rights in court, but the reality is that Peter will never step foot in that apartment again.
The owner can also invest some $17 into replacing tiles, fixing walls, or upgrading the interior woodwork.
In any potential lawsuit, what is Peter going to ask about? The color of the tiles? The walls? The woodwork? When the expert witness rules that Peter is in the wrong... not only does Peter lose the apartment, but he'll be paying off legal fees for the rest of his life.

If anyone thinks this is impossible, let me bring up that collection dispute decided by an overturned judgment involving a sanitation department in Chicago. Basically, the sanitation department initiated a collection action; the debtor appealed, and a lawsuit followed. During the trial, the debtor argued he had been managing his own waste disposal during that period—he even had a few receipts from scrap metal and paper recycling centers and organic waste pickups... man was practically an eco-freak—claiming the city wasn't picking up his trash. The city tried to prove the waste was collected, but all they produced was a pickup schedule, which isn't actual proof to a judge that the trash was actually hauled away. So, out of nowhere, the debtor pulls out a newspaper article showing the city hadn't run garbage trucks for three weeks due to snow. In the end, the collection action fell apart.

Look, it's obvious to anyone with half a brain that both Peter and the sanitation department are morally and ethically in the right. But legally? Courts are stupid. And judges are forced to follow that stupidity. Citizens are too, based on the letters the Department of Justice sends to dissatisfied people. You can call me a theoretical conspiracy theorist all you want, but the facts in numerous court rulings say otherwise.
Benjamin Taylor6 Benjamin Taylor6 Regular
577 messages
joined Apr 2017
#1897 ·
rowdyraven112 said:The police are just there to establish the facts. Even our fellow forum member Drot can confirm that 😉. The cops show up, see who actually holds the key to the lock. Since the locks have been changed, the police are going to politely escort our friend Peter off the property. And honestly? Peter should be happy if he manages to walk away without getting slapped with a disorderly conduct charge. At that point, the owner can simply testify that they’ve never seen this guy before, the unit was completely vacant when they moved in, and they’ve lived there for a year and a half already. The police aren't there to hold town hall meetings with the neighbors or take statements. I shouldn't have to spell out that under the law, if an apartment is vacant, a life tenant loses their right to occupy it. Plus, the neighbors get rid of the problem easily. It's better to stay on good terms with the new owner than to end up in a feud with the neighbors.

Sure, Peter can try to fight for his rights in court, but the reality is that Peter will never step foot in that apartment again.
The owner can also invest some $17 into replacing tiles, fixing walls, or upgrading the interior woodwork.
In any potential lawsuit, what is Peter going to ask about? The color of the tiles? The walls? The woodwork? When the expert witness rules that Peter is in the wrong... not only does Peter lose the apartment, but he'll be paying off legal fees for the rest of his life.

If anyone thinks this is impossible, let me bring up that collection dispute decided by an overturned judgment involving a sanitation department in Chicago. Basically, the sanitation department initiated a collection action; the debtor appealed, and a lawsuit followed. During the trial, the debtor argued he had been managing his own waste disposal during that period—he even had a few receipts from scrap metal and paper recycling centers and organic waste pickups... man was practically an eco-freak—claiming the city wasn't picking up his trash. The city tried to prove the waste was collected, but all they produced was a pickup schedule, which isn't actual proof to a judge that the trash was actually hauled away. So, out of nowhere, the debtor pulls out a newspaper article showing the city hadn't run garbage trucks for three weeks due to snow. In the end, the collection action fell apart.

Look, it's obvious to anyone with half a brain that both Peter and the sanitation department are morally and ethically in the right. But legally? Courts are stupid. And judges are forced to follow that stupidity. Citizens are too, based on the letters the Department of Justice sends to dissatisfied people. You can call me a theoretical conspiracy theorist all you want, but the facts in numerous court rulings say otherwise.

Peter could easily be a total loose cannon—he might just dump a whole canister of cyanoacrylate into the dam. Or, even better, find some worn-out old key that fits the lock but won't actually turn it, smear the damn thing with superglue while it's sitting in the cylinder, and then just snap it off with a pair of pliers. Simple, really.
You’re basically stuck calling both the police and a locksmith because someone absolutely trashed the place—it’s just pure, unadulterated vandalism at this point. On top of the damage, they actually broke into the apartment too. Now we’re facing a real headache: proving whether someone used an original key or forced their way in is going to be nearly impossible, since the lock itself is completely trashed beyond any use.
The police have an obligation to interview the neighbors—they really do—but honestly, the neighbors have a much greater obligation to tell the truth here. It’s pretty simple: Peter has lived in this apartment for twenty years. He was just out for a fifteen-day stint following surgery at the hospital, and he only just returned today. It's not exactly rocket science.

Peter really ought to do his homework first and just install a high-end, heavy-duty anti-burglary door—you know, the kind that comes with three separate keys—instead of cutting corners. So, I was digging through some technical documentation earlier—you know how I get when I start falling down these rabbit holes—and I stumbled upon this deep dive regarding the "how" and the "why" behind testing security doors. It’s one of those topics that seems straightforward on the surface, but once you peel back the layers, it’s actually quite a complex mess of engineering and standards. Basically, if you're looking at high-security doors, you can't just take a manufacturer's word for it. You need actual, verified data. In the States, we rely heavily on rigorous testing protocols to ensure that when someone tries to kick in your front door or pry it open with a crowbar, the thing actually holds up. It isn't just about how thick the steel is—though that matters—it's about the integrity of the frame, the locking mechanisms, and how the entire unit reacts under stress. It reminds me of a situation a few years back when I was helping a buddy move into a new place in Chicago. He bought this "impenetrable" door from some local outfit, thinking he was set for life. A month later, a particularly determined burglar managed to bypass the latch because the mounting hardware wasn't rated for the force being applied. It’s a classic case of having a great lock but a mediocre door assembly. Everything has to work in unison—the hinges, the strike plate, the frame—otherwise, the whole thing is just expensive decoration. When you're looking at these certifications, you have to look past the marketing fluff. You want to see the results of impact tests, drill resistance tests, and even fire ratings. It’s all about the math and the physics of it. If a door claims to meet certain security levels, there should be a clear trail of testing that proves it can withstand specific types of forced entry. Without that, you're basically just buying a very heavy piece of metal and hoping for the best. And honestly? Hope is not a security strategy.
The kind of alarm system that doesn't just wake up your building, but practically sends the entire neighborhood into a full-blown panic—that’s what we're talking about here. 😁
I was talking to this American woman the other day—really friendly lady—and she ended up giving me a full tour of her place. I have to say, one thing that caught my eye immediately was the roofline... she had these three massive outdoor sirens mounted right under the eaves. Just sitting there, staring at you. It felt like something straight out of a movie set, or maybe some sort of high-tech security setup I haven't seen around here yet. It really made me wonder about the neighborhood, though—you don't exactly see that kind of hardware on every suburban house in the States, do you?

Sam Wright21 Asks:
Mom isn't even countable anymore. 😢 So, basically, it would have to go through her sister—who’d essentially be stepping up to become her legal guardian.

Oh, man... Benjamin Taylor6.So, I’ve reached that point where I seriously need to figure out what to do about my apartment. It’s becoming a whole thing. And honestly? This whole "inheritance" conversation is driving me up the wall—my mom keeps talking about leaving the place to me in her will, but it feels completely nonsensical. Like, why is she even discussing passing down an apartment to me when it’s already mine to begin with?! It's just redundant, frustrating, and frankly, a bit much to deal with right now.

The topic at hand—preventing a foreclosure on your primary residence—is something that keeps me up more often than I'd like to admit. It’s a heavy subject, really... one of those things where you feel like the floor is dropping out from under you just by thinking about it.

Look, you can’t really hope to improve any of this—none of it, really—unless we finally get some kind of mandatory relationship law passed regarding single-property non-foreclosure. Until that's on the books, we're just spinning our wheels.
Worst-case scenario? We just sell the place—it's not the end of the world—and downsize to something smaller. We could pick up a cozy little condo or a townhouse somewhere more manageable, and then use whatever's left over to settle the debt once and for all. It’s a bit of a headache, sure, but at least we wouldn't be spinning our wheels indefinitely.
Yeah, that debt is a whole saga in itself—way too long to get into right now—but then you’ve got interest piling up on top of it, plus those absolutely insane legal fees from the property manager's attorney, the notary, the court costs... it just never ends.

Are you kidding me? There’s no way that’s going over $3,000... right? Please tell me I’m reading this wrong.
rowdyraven112 rowdyraven112 Active Member
248 messages
joined Jun 2024
#1898 ·
Loan agreement with a real estate lien.
What’s the deal here? You and your sister sign a loan agreement plus an addendum to record a lien against the property (you probably have $67 enough for the notary fees)

Here is how I know this works:
Liens are recorded in the order they arrive (just like foreclosures). So, if a creditor starts collecting against assets, they'll file a lien too, but they'll be second in line. Regardless, being second doesn't stop them from starting legal proceedings to sell the property to settle the debt. The first lienholder has tools to block that, but not enough to stop the process itself. Basically, if the first holder's lien value exceeds the property's total value, they can propose taking ownership of the property. If that happens, all other liens get wiped out.

I’ve seen this play out before when a bank filed a lien based on credit card debt totaling $1400 (if I recall correctly). There was already a lien on the house from the same bank for a separate loan that the lady had been paying off perfectly. How did the new lien get recorded? Through public notice, because she moved to Canada to start over. The bank triggered a collection based on the credit card debt. They could have gone after the title directly, but instead, they allowed an auction where the house ended up being sold to the bank's own subsidiary for a third of its value (about $40 for a 400-square-foot apartment).
Epilogue: There is currently a constitutional challenge underway by the woman, who only found out her place was sold when a friend told her the subsidiary was listing her apartment for 60,000 euros. Since the friend is also the guarantor, she’s still paying off the rest of the loan. The credit card debt remains unpaid. This was all in the papers a few years back.

Look, one solution is to sign a loan agreement, sign the addendum, and take everything down to the county recorder's office. Given the circumstances, that's likely your best bet.

@Benjamin Taylor6:
The police don't go around interviewing neighbors; they establish the facts. And the facts are: the owner has the paperwork, has the key, and is inside the house. Under the Constitution, nobody enters a home without a warrant. Go ask Drot on the forum. You'll get the exact same answer. It would be the same thing if the cash was in the house, the owner was standing outside calling the cops, and Peter had the key and was inside. The police just write up a report and leave. You really haven't heard of this before?

And yeah, of course it's more than 3,000 dollars. Are you living under a rock? If the lady says they've been in court for years, I'm assuming the costs are well above $13.
Ryan Ramirez24 Ryan Ramirez24 Newcomer
1 message
joined Sep 2016
#1899 ·
Morning, everyone,

I’m not even sure if I’m in the right sub here since I don't hang out on this forum much, so I could really use some help regarding an enforcement action threatened by my internet provider, BTNET.

Here’s the deal: I canceled my contract with them back on September 1st, 2016, and returned all their gear. It was just an internet plan. The only thing left unpaid was the bill for August, which was due on August 25th.

Then, early this week—Monday or Tuesday (the 26th or 27th)—this notice shows up in my mail from their accounting department. It lists the outstanding August charge ($52) along with a "Notice of Commencement of Enforcement Proceedings." So, naturally, I call them up to ask what kind of law allows them to jump straight to legal enforcement barely a month after the due date. I have no clue myself, obviously. The woman on the phone basically told me she didn't know either and said someone would get back to me. Then, yesterday, the 29th, I get a call from a lady at BTNET telling me I need to pay the balance yesterday or they’ll start the enforcement process today, the 30th.

Can anyone tell me if they can actually legally pull this stunt on such short notice? Is there anything I can do, or any rights I should be leaning on? I wonder if canceling the contract gave them some weird legal loophole to fast-track this stuff. Their statement just says: "The debtor is warned that in the event of failure to meet the due monetary obligation, the creditor may request the determination of enforcement based on a credible document."

Look, I’m going to pay the damn bill, but it’s the principle of the thing. They’re acting like straight-up loan sharks. I’ve never dealt with this before; usually, if I had two bills sitting open, I’d just settle them both at once. This is aggressive.

If anyone actually understands how this works, please give me some advice or a hand.

Thanks in advance for any insight.

Best,👍
rowdyraven112 rowdyraven112 Active Member
248 messages
joined Jun 2024
#1900 ·
Ryan Ramirez24 said:Morning, everyone,

I’m not even sure if I’m in the right sub here since I don't hang out on this forum much, so I could really use some help regarding an enforcement action threatened by my internet provider, BTNET.

Here’s the deal: I canceled my contract with them back on September 1st, 2016, and returned all their gear. It was just an internet plan. The only thing left unpaid was the bill for August, which was due on August 25th.

Then, early this week—Monday or Tuesday (the 26th or 27th)—this notice shows up in my mail from their accounting department. It lists the outstanding August charge ($52) along with a "Notice of Commencement of Enforcement Proceedings." So, naturally, I call them up to ask what kind of law allows them to jump straight to legal enforcement barely a month after the due date. I have no clue myself, obviously. The woman on the phone basically told me she didn't know either and said someone would get back to me. Then, yesterday, the 29th, I get a call from a lady at BTNET telling me I need to pay the balance yesterday or they’ll start the enforcement process today, the 30th.

Can anyone tell me if they can actually legally pull this stunt on such short notice? Is there anything I can do, or any rights I should be leaning on? I wonder if canceling the contract gave them some weird legal loophole to fast-track this stuff. Their statement just says: "The debtor is warned that in the event of failure to meet the due monetary obligation, the creditor may request the determination of enforcement based on a credible document."

Look, I’m going to pay the damn bill, but it’s the principle of the thing. They’re acting like straight-up loan sharks. I’ve never dealt with this before; usually, if I had two bills sitting open, I’d just settle them both at once. This is aggressive.

If anyone actually understands how this works, please give me some advice or a hand.

Thanks in advance for any insight.

Best,👍

Answer: They can. Stop overthinking it and just pay the damn thing$52 if you don't want that total ballooning to $700 or $800.

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