Long story short: Wife let a CC come back and bite her until it went into the courts and garnishment happened. Today, a check arrives for <$50. I figure since the garnishment was a set amount per check, that this check is a refund that completes and ends the garnishment. Right? Or?
Who was the check from? The original creditor?
Is it possible they took too much out of a previous pay check?
Is the garnishment supposed to be over? Have you tracked how much was owed and how much was garnished?
dculberson wrote: Is the garnishment supposed to be over? Have you tracked how much was owed and how much was garnished?
It is my wife. She don't keep track of anything. It is like keeping track of time with a sundial on a cloudy day. Garnishment rate is the state max of 25% per paycheck (net). So I am figuring HR/Payroll is just passing it along without keeping track of the payments until someone says stop.
Sky_Render wrote: Who was the check from? The original creditor? Is it possible they took too much out of a previous pay check?
The buyer, a debt collection "law firm", is the writer of the check.
That is what I would like to know.
Well, if you guys have no idea, I think your sources of info are the collection agency and HR, not necessarily in that order. Though HR has no reason to keep track of the actual amount owed.
Presumably, if the owner of the debt is issuing checks for overages, they'll be straight about whether it's paid up?
ransom wrote: Presumably, if the owner of the debt is issuing checks for overages, they'll be straight about whether it's paid up?
Well, you would think. But there is only a check with no explanation of why it's there. And why I asked here. 
Ranger50 wrote:ransom wrote: Presumably, if the owner of the debt is issuing checks for overages, they'll be straight about whether it's paid up?Well, you would think. But there is only a check with no explanation of why it's there. And why I asked here.
Can you call up the "law firm"? I know those shiny happy people can be very difficult to deal with, though.
Ranger50 wrote:ransom wrote: Presumably, if the owner of the debt is issuing checks for overages, they'll be straight about whether it's paid up?Well, you would think. But there is only a check with no explanation of why it's there. And why I asked here.
I call collection agencies and talk about cars. 
Sky_Render wrote:Ranger50 wrote:Can you call up the "law firm"? I know those shiny happy people can be very difficult to deal with, though.ransom wrote: Presumably, if the owner of the debt is issuing checks for overages, they'll be straight about whether it's paid up?Well, you would think. But there is only a check with no explanation of why it's there. And why I asked here.
I know I would, but they can't legally tell me E36 M3. So that means the SWMBO.... Cha right. Her answer was and I quote, "I'll just wait and see what happens." 
Is it the only CC that went to collections? If not, is it possible another CC is trying to "renew" her debt before it expires? I hear they do stuff like that, but not sure to what extent.
DuctTape&Bondo wrote: Is it the only CC that went to collections? If not, is it possible another CC is trying to "renew" her debt before it expires? I hear they do stuff like that, but not sure to what extent.
So, if I am reading this right, they give you a refund to not close the debt, sell it back off as unpaid/uncollected (for the full amount presumption), and keep it ongoing. Although I am probably wrong. But I don't get it because there is a judgement in place for the garnishment.
No, not the only CC, but one other with the same exact company(s). After that, only ones I know about. Everything else was discharged through bankruptcy 7-ish years ago.
Ranger50 wrote:DuctTape&Bondo wrote: Is it the only CC that went to collections? If not, is it possible another CC is trying to "renew" her debt before it expires? I hear they do stuff like that, but not sure to what extent.So, if I am reading this right, they give you a refund to not close the debt, sell it back off as unpaid/uncollected (for the full amount presumption), and keep it ongoing. Although I am probably wrong. But I don't get it because there is a judgement in place for the garnishment. No, not the only CC, but one other with the same exact company(s). After that, only ones I know about. Everything else was discharged through bankruptcy 7-ish years ago.
Yeah but the tactics I hear/read about are more about calling your or sending you bills where you pay and acknowledge the debt which refreshes the timeframes and keeps it going.
It probably isn't that, but it's something to be careful of.
If the total amount/time garnished seems to match what the judgement was to satisfy, then we're all probably being too skeptical and it is just that, a check for the overages. But your wife is not sure, I'd take a closer look before cashing.
Ranger50 wrote: I know I would, but they can't legally tell me E36 M3. So that means the SWMBO.... Cha right. Her answer was and I quote, "I'll just wait and see what happens."
berkeley debt collectors. Seriously. They're the slimiest bunch of shiny happy people known to man. They do questionably-legal things all the time, so you can, too, when dealing with them.
So, call them up. Pretend to be SWMBO. Doesn't matter if she has a sweet little voice and you sound like James Earl Jones. You give them the info to "identify" yourself as her, and they have to talk to you.
As much as I hate to say it, it may be time to lawyer up. Self defense and all that.
cwh wrote: As much as I hate to say it, it may be time to lawyer up. Self defense and all that.
Too late for that. The end is near on this garnishment or it maybe over. That is what I would like to figure out.
Tell your wife to man up and figure it out. This is money, it ain't play time. Deal with it later is what will lead you to the poor house.
Ranger50 wrote:Sky_Render wrote:I know I would, but they can't legally tell me E36 M3. So that means the SWMBO.... Cha right. Her answer was and I quote, "I'll just wait and see what happens."Ranger50 wrote:Can you call up the "law firm"? I know those shiny happy people can be very difficult to deal with, though.ransom wrote: Presumably, if the owner of the debt is issuing checks for overages, they'll be straight about whether it's paid up?Well, you would think. But there is only a check with no explanation of why it's there. And why I asked here.
I think that's what got you in this situation in the first place.
There's a judgment in some court which means it is public record and the court is collecting thru a garnishment. It is not rocket science to get the amount of the judgment, add the amount of post judgment interest and deduct the amount that the court has collected. Most clerk's I deal with can give you the running balance in a printout. It is all public record so SWMBO doesnt have to be involved. Otherwise I hope that you keep your finances separate and dont rely on her income.
whenry wrote: Otherwise I hope that you keep your finances separate and dont rely on her income.
No kidding. I cannot comprehend that attitude at all.
mtn wrote:whenry wrote: Otherwise I hope that you keep your finances separate and dont rely on her income.No kidding. I cannot comprehend that attitude at all.
Me either, but I live with it. The dynamics are all screwy. Have to rely on her income since I have none, IE-nursing school.
Off the phone with the debt collector... It was a check for overcharging on the garnishment. Sad is that it took all of 5 minutes to get that information.
Now that is an oxymoron: ethical debt collector
whenry wrote: Now that is an oxymoron: ethical debt collector
No E36 M3. But when you have gone to court over it... I think the rules being played are different. Plus this was a muli-practice law firm that has an arm dedicated to debt collection. So maybe, the slime here was just less slimy.
They at least have a long view of the world and arent just trying to get short term gains. I do a lot of collection defense work and the account buyers are a very ethically challenged group by and large. Usually it is a game of chicken with someone's life and finances. YMMV
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