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Wage garnishments and collections

Started by Douglas Morgan3 · · 👁 19 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 …
hollowridge913 hollowridge913 Newcomer
2 messages
joined May 2016
#1901 ·
Of course I can! Like my colleague mentioned above, the amount isn't even that big, so it’s probably best if you just go ahead and make the payment now..
Kenneth Brown5 Kenneth Brown5 Active Member
68 messages
joined Jan 2024
#1902 ·
So, when does the government go after your Social Security checks versus hitting you with a lien on your house? Does it all just come down to how much they're trying to collect?
John Clark6 John Clark6 Regular
290 messages
joined Jun 2011
#1903 ·
Usually, the first move is to try and freeze the account through the IRS—but if you don't have much "luck" there—then the strategy shifts toward changing the method of enforcement altogether...
Kenneth Brown5 Kenneth Brown5 Active Member
68 messages
joined Jan 2024
#1904 ·
So, does that freeze just get paid off in installments through retirement checks, or if there isn't enough cash in the account to cover the whole thing, do they just come after your property instead?
I saw some talk here about $333 monthly.
Could someone break this down for me a bit more clearly?
ruggedmaker2 ruggedmaker2 Regular
469 messages
joined Mar 2018
#1905 ·
Look, if you want actual help, you’ve gotta give me some actual details 😉 like how much your pension is and what kind of debt collection we're even talking about here.
Maybe this will clear things up for you:
Kenneth Brown5 Kenneth Brown5 Active Member
68 messages
joined Jan 2024
#1906 ·
I'm not entirely sure what my monthly check looks like, but let's just say it's roughly around $833.
When you're dealing with a court-ordered seizure, it's basically like someone's trying to muscle their way onto your property and wreck your stuff through a lawsuit.🤦

So, once the judge hands down a decision, how does the creditor actually go about getting their money from me?

If anyone wants to dig into the specifics, just hit me up via DM.
Benjamin Taylor6 Benjamin Taylor6 Regular
577 messages
joined Apr 2017
#1907 ·
Kenneth Brown5 said:I'm not entirely sure what my monthly check looks like, but let's just say it's roughly around $833.
When you're dealing with a court-ordered seizure, it's basically like someone's trying to muscle their way onto your property and wreck your stuff through a lawsuit.🤦

So, once the judge hands down a decision, how does the creditor actually go about getting their money from me?

If anyone wants to dig into the specifics, just hit me up via DM.

Well, once the court hands down a judgment, the creditor basically sends the debtor an official demand for payment.
If the debtor claims they don't have enough cash on hand to settle the debt, they might try to negotiate an installment plan. Of course, that's entirely up to the creditor—they aren't obligated to accept some trickle of payments if they think it'll drag on forever. If the creditor decides it's better to just go after physical assets, they can initiate a seizure against any real estate or personal property registered in the debtor's name.
Just a heads-up, though—under US law, you generally can't touch more than a third of a pension of $833, which would be about $277 per month.
Kenneth Brown5 Kenneth Brown5 Active Member
68 messages
joined Jan 2024
#1908 ·
Thanks a ton, I was just curious about how the whole process actually plays out.
If the debtor refuses to cough up the cash, they’ll basically be coming straight for the property next 😢.

Sent from my Samsung Galaxy A51 using Reddit
Brandon Fox9 Brandon Fox9 Member
35 messages
joined Feb 2008
#1909 ·
I have a feeling this might $833 end up hitting the real estate, but who knows...

That court ruling is basically the green light for payment. The easiest way to handle it is just through the IRS or some federal agency to freeze all their bank accounts...
rowdyraven112 rowdyraven112 Active Member
248 messages
joined Jun 2024
#1910 ·
Brandon Fox9 said:I have a feeling this might $833 end up hitting the real estate, but who knows...

That court ruling is basically the green light for payment. The easiest way to handle it is just through the IRS or some federal agency to freeze all their bank accounts...

Please... if I were the receiver, I’d move on the lien immediately and start the foreclosure process on that property. Why wait?
Look, I’m telling this guy: go back and actually read a few pages of this thread. There’s a perfectly good, constructive debate in there about exactly how I managed to get my garnishment stayed. Just do the work.
crimsonbadger24 crimsonbadger24 Member
30 messages
joined Mar 2015
#1911 ·
http://www.nytimes.com/news/business/banking-regulations-updates/5138633/

So, what, they just suddenly decided this was worth getting loud about after an entire year of silence?
They’re sure efficient, aren't they?

But seriously, I gotta ask—who is actually footing the bill for all this nonsense?

Like, between the court fees and all these specialized oversight roles—kind of like those trustee positions—if someone's pulling in, I don't know, maybe $10k gross, then over 12 months that's like $120k a year, and if you stretch that over five years, man, that adds up fast...

Since it's obviously the banks, the service providers, and us consumers who are really at fault here, I'm assuming they're the ones picking up the tab, right? Or is it just me again, being the absolute idiot who keeps paying my bills on time while the banks and the government just take whatever they want?
John Clark6 John Clark6 Regular
290 messages
joined Jun 2011
#1912 ·
I might just have to throw my hat in the ring for that trustee position... honestly, I think it would be a much more fulfilling career than being some low-level clerk guarding the Great Seal of the United States! 🙂
crimsonbadger24 crimsonbadger24 Member
30 messages
joined Mar 2015
#1913 ·
Honestly, I’m sitting here scratching my head too, because I have absolutely no clue what his actual plan even is. Like, what is he actually going to *do* once he's in there?

But for real, the thing that's actually keeping me up at night is who on earth is going to foot the bill for all this again. If you look at the article, it straight-up says the party didn't even have enough cash to cover their own legal fees. So, what does that even mean in practice? Does that imply the other parties involved in the lawsuit had to chip in to cover the costs—maybe some big banks or just us regular people who don't have anything to do with this mess? It's kind of wild if you think about it.
Amanda Lopez5 Amanda Lopez5 Newcomer
1 message
joined Oct 2016
#1914 ·
Greetings, everyone. I am reaching out because I could really use some guidance regarding a situation I've found myself in.
I recently received a formal notice of garnishment due to an outstanding balance for my municipal utility fees, which totals $23. According to the document, I have a strict 15-day window to settle this debt, and it specifies that the additional legal enforcement costs amount to $67. My question is quite specific: if I manage to pay off the primary debt in full within that designated timeframe, will I still be held liable for those extra $67 in fees?
Thank you very much for any insight you can provide.
feraljackal2 feraljackal2 Active Member
67 messages
joined Aug 2013
#1915 ·
Amanda Lopez5 said:Greetings, everyone. I am reaching out because I could really use some guidance regarding a situation I've found myself in.
I recently received a formal notice of garnishment due to an outstanding balance for my municipal utility fees, which totals $23. According to the document, I have a strict 15-day window to settle this debt, and it specifies that the additional legal enforcement costs amount to $67. My question is quite specific: if I manage to pay off the primary debt in full within that designated timeframe, will I still be held liable for those extra $67 in fees?
Thank you very much for any insight you can provide.

Just pay the $23 as soon as possible—then give them a call to confirm you've settled it. If they've already sent it over to a collection agency, you should probably notify them too. Until they actually initiate the seizure process, they can't collect from you; once they do, you'll notice the funds missing from your checking or savings account.
Brandon Fox9 Brandon Fox9 Member
35 messages
joined Feb 2008
#1916 ·
rowdyraven112 said:Please... if I were the receiver, I’d move on the lien immediately and start the foreclosure process on that property. Why wait?
Look, I’m telling this guy: go back and actually read a few pages of this thread. There’s a perfectly good, constructive debate in there about exactly how I managed to get my garnishment stayed. Just do the work.

I appreciate the suggestion, truly, but I just don't have the bandwidth right now to dig through old threads...

One thing I should probably point out—and please don't take this as me trying to lecture anyone or get into a debate—is that you're actually starting off on the wrong foot with the advice here. Since we're talking about an enforcement action based on a court judgment, you can't just record a lien and then sell the house like you described. It actually works the other way around. First, you have to file the petition to initiate the foreclosure on the real estate. After that, the value of the property is determined, the auctions are held, and only then—if those auctions fail to find a buyer—would you even look into recording a lien.
Brandon Fox9 Brandon Fox9 Member
35 messages
joined Feb 2008
#1917 ·
Amanda Lopez5 said:Greetings, everyone. I am reaching out because I could really use some guidance regarding a situation I've found myself in.
I recently received a formal notice of garnishment due to an outstanding balance for my municipal utility fees, which totals $23. According to the document, I have a strict 15-day window to settle this debt, and it specifies that the additional legal enforcement costs amount to $67. My question is quite specific: if I manage to pay off the primary debt in full within that designated timeframe, will I still be held liable for those extra $67 in fees?
Thank you very much for any insight you can provide.

It really depends on what the fine print actually says... Are we talking about an incurred cost or a projected one? Under American legal standards regarding collections, there's a distinction made there, but it only matters if you pay within the grace period—that specific window they give you for voluntary payment starting from the day you get the notice.
Brandon Hill8 Brandon Hill8 Active Member
57 messages
joined Apr 2011
#1918 ·
Brandon Fox9 said:I appreciate the suggestion, truly, but I just don't have the bandwidth right now to dig through old threads...

One thing I should probably point out—and please don't take this as me trying to lecture anyone or get into a debate—is that you're actually starting off on the wrong foot with the advice here. Since we're talking about an enforcement action based on a court judgment, you can't just record a lien and then sell the house like you described. It actually works the other way around. First, you have to file the petition to initiate the foreclosure on the real estate. After that, the value of the property is determined, the auctions are held, and only then—if those auctions fail to find a buyer—would you even look into recording a lien.

The guy doesn't even know the difference between a security interest and a recorded judgment lien. When he talks about a "lien," he actually means a recorded judgment. He clearly doesn't grasp the basic legal concepts here.

Actually, no. Based on an enforceable instrument—whether it's a court judgment or any other legal document (and let’s be real, 99% of the people on this forum don't even understand what an "enforceable instrument" actually is)—you *can* establish a security interest through a forced creation of a lien during debt preservation proceedings. Once that's done, you can use that security interest to trigger the foreclosure on the real estate. Sure, it doesn't magically solve the problem of getting paid, but it does prevent the principal amount from hitting the statute of limitations.
Brandon Fox9 Brandon Fox9 Member
35 messages
joined Feb 2008
#1919 ·
I'm with you on that.
Bryan King3 Bryan King3 Member
30 messages
joined Nov 2016
#1920 ·
The absolute madness surrounding this whole seizure process is unlike anything else in the developed world. Seriously—you don't see this kind of chaos happening anywhere else in civilized society. I totally get that the root cause stems from a complete lack of basic financial integrity out there, but still... in this country, it feels like any random person can just file a judgment against anyone else for absolutely any reason at all.

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