Marshal's Notice of Execution

[NSH]

That's good to know, backtoschool, but I am going to try my hand at getting something in writing. I know you guys say they won't do it, but I honestly don't see why not. I mean if they want money from me, then I need some sort of guarantee that I will have a stay of execution (no pun intended) for several months as long as my payments are on time. Otherwise, while it may be all nice and fine to know they "probably won't come," that just can't be good enough for me.

Because, as you said, if I have nothing in writiting where they promise to leave me alone while I conform to the terms of our agreement, then I can theoretically still have my stuff seized while I am paying in good faith. And that is one thing I don't need to have to worry about.

[backtoschool]

I am going to try to make some sort of payment arrangement. I will see if they will accept very small monthly payments to start with, not to settle the debt, but to buy me a few months of not being harassed while I get those taxes filed and BK filed.

If I agree to a "payment plan" and declare BK, let's say in two months after filing three years taxes, will I be guilty of fraud for "negotiating a payment plan" I have no intention of honoring once I can file?

Many, many people try to negotiate payment plans before filing bankruptcy in the hope that they won't have to file bankruptcy. On the surface, your case is no different than any other debtor that is trying to negotiate debts. I don't see any fraud here. Once you file bankruptcy, the payment plan becomes irrelevant since the debt you are paying on will be included in the bankruptcy.

If you experience is like mine, when you call Xxxxxxxx Xxxxx's office, and say you want to make payment arrangements, they will ask you your income and then they figure out a payment for you.

[NSH]

I am going to try to make some sort of payment arrangement. I will see if they will accept very small monthly payments to start with, not to settle the debt, but to buy me a few months of not being harassed while I get those taxes filed and BK filed. Of course, that isn't what I would tell them! I would say that I need some extra time to "get on my feet" and it is better than just declaring BK right now as I would prefer not to go that route and would like to try to get into the financial position to pay all my debts. I will explain that a HUGE payment per month would not be possible and it is either this or nothing I just go BK right now.

If I agree to a "payment plan" and declare BK, let's say in two months after filing three years taxes, will I be guilty of fraud for "negotiating a payment plan" I have no intention of honoring once I can file?

[backtoschool]

The only problem I have with them not giving me anything in writing is that how do I know they will honor their verbal promise not to try further collection methods (garnishing, coming to my house, levies, etc) even if I keep paying?

The Marshal could theoretically still come knocking on my door with a warrant in hand, and what would be my recourse?

You don't have any recourse at this point other than to file for bankruptcy or to pay the debt in question in full. The marshall will stop coming to your house once you make payment arrangements because it costs him money and time to come to your house. That is no guarantee of course.

Xxxxxxxx Xxxxxx would much rather garnish you and levy you than come to your house so if he finds anything to garnish or levy, he will do that instead of come to the house. I never got to the point of him threatening to come to my house because I had a job he tried to garnish.

I think your best bet at this point is to make payment arrangements. They will move on to the next case at that point in my opinion.

[NSH]

The only problem I have with them not giving me anything in writing is that how do I know they will honor their verbal promise not to try further collection methods (garnishing, coming to my house, levies, etc) even if I keep paying?

The Marshal could theoretically still come knocking on my door with a warrant in hand, and what would be my recourse?

[JGT]

Yeah that`s the only thing, they wouldn`t give me anything in writing, only receipts for what I paid. But paying them does seem to hold them off unless you pay late. Either way it will give you more time to claim BK which I am doing ASAP. I can`t even get a job with a paycheck or a bank account because of this crap, because they`ll just garnish the pay and put leins on my bank account so I`m pretty much stuck being very poor, having to take only under the table jobs. Just another victim of predatory lending

[NSH]

Thanks for the posts. guys. Another question: I assume that if I agree to VERTY SMALL monthly payments to "extend" any further seizures of asstes and home posessions, that I should get something in writing to that effect so I am not paying them monthly payments AND at the same time am still subject to them knocking on my door?

[JGT]

NSH, here is a BB where a lawyer answers people........

url removed.

I posted my own question about the new execution I got yesterday but they haven`t answered yet, I assume they are closed weekends, so check back on that on Monday...I asked just what you and I want to know, if they can break in....


url removed.

[JGT]

NSH, they NEVER came the first time I got an execution. What happened was like I said I called them up and they were rude and hung up on me, then I called a lawyer and she set up a payment plan by calling them which I paid off for about 3 months, then I was late then late again and THEN they came but thankfully I didn`t answer the door. And they came around 12 noon in the middle of the week. Then I missed another payment and same thing. Then I got one one on Saturday (yesterday) for a whole different debt and around 1pm while I was on the toilet I heard a few people walking up to my door and knock and I froze, and I immediately assumed it was them again, but now that I think about it, it could have been anybody because I couldn`t get to my window to look out. I called up their office and they are closed on Weekends, but who knows it could have been them.

Anyway, I know tell me about it, I`m paranoid as hell too when I leave my apt. They come in a dark unmarked car so I would check for that before you leave, but I highly doubt they do "stake outs"....Remember, a Marshal is a person that is hired by the person you owe money to, and he only gets paid 5% of what he can get from you, so he isn`t going to waste his time doing stake outs unless they know you got something like a one million dollar Rembrandt in your place. He is hired to squeeze you for payment. You know like those movies where a guy owes money to the Mafia and the Don sends his henchmen to squeeze the guy for money or break his kneecaps? That`s exactly what a Marshal is. He is hired by the people you owe money to, and he only acts on court orders. The person who hires him can`t tell him to do anything unless the court OK`s it. So what happens is the Marshal comes to your place and asks you for the money you owe, and if you say you don`t have it then they want whatever you have of value. That`s all it is. It`s modern day loan sharking mafia practices only it`s legal and they don`t break your kneecaps (but they sure do bust balls) lol.

[backtoschool]

Ohio, why don't you read my post again and you will see that I was kidding when I said that. Look at the text BETWEEN the sentence and the "lol" you put into bold type. Jeeze, lighten up.

JGT, when I did speak to the women on the phone a little over a week ago, she told me tha they would not come for 40-50 days or more, but I am of course not sure that she was even tellimg me the truth. The question I wanted to ask you was how long after you got the notice did they knock on your door? I know they came when you did not meet your payment agreement, but I was asking if they came right away after your original notice, or did they wait a little while?

Also a major concern to me is what if I am leaving my house for work and we sort of cross paths? Obviously I have no intention of answering the door, but what if they see me leaving my house or something? I assume that every time I leave my house now, until this is settled, I have to watch my back and check out my window.

Oh and here is another important question: What time did they come to your house if you remembver? Meaning did they come during regular business hours, in other words between 9:00AM and 5:00PM monday through friday, leaving me safe for nights and weekends? Or did they come during off hours?

I totally sympathize with your situation NSH. It just sucks that you have to deal with this. No where else in the country are debtor/creditor relations as ridiculously harsh as they are in nyc.

My opinion is that they are coming to your house to scare you into coughing up money. If you have removed your valuables, then the whole point of them coming will be to scare and embarrass you. If you can stay calm and not let them scare you or shame you then they will leave when they see nothing of value to take. That is the worst case scenario, but at some point you have to just say "screw it" and get some sleep and live your life and not worry about them showing up.

Please don't believe anything the clerks on the phone tell you. There are several of them and they don't write into your account history what they say to you on the phone. I had the bad luck of getting a default judgment on me from some sewer law firm in long island, where they never served me the papers. So I became acquainted with Xxxxxxxx Xxxxx before I ever knew I had a judgement. The judgment was for a $3,000 credit card that had only just been charged off (it was less than six months past due, this was when I was trying to figure out if I could settle my debt because a chapter 13 would be too expensive....)

I got a letter from Xxxxxxxx Xxxxx and called their office to make payment arrangements just to stave them off. When I missed one payment because I was traveling (I was in China at the time) they immediately sent a notice of garnishment to a job I no longer had but that was on my credit report.

So, long story short, Xxxxxxxx Xxxxx' office escalates from step to step quickly. If they see you leaving your house, just play dumb. They don't know who lives there and even if you are the right person.

When I made my payment arrangement, the clerk asked me how much I made a week. Of course I lied and told her a very small amount and then she figured out a payment based on that. I ended up paying them $100 a month. They have no way of verifying pay, especially in your situation, so making arrangements until you get three years of taxes filed so you can file bankruptcy is your best bet in my opinion.

[NSH]

Ohio, why don't you read my post again and you will see that I was kidding when I said that. Look at the text BETWEEN the sentence and the "lol" you put into bold type. Jeeze, lighten up.

JGT, when I did speak to the women on the phone a little over a week ago, she told me tha they would not come for 40-50 days or more, but I am of course not sure that she was even tellimg me the truth. The question I wanted to ask you was how long after you got the notice did they knock on your door? I know they came when you did not meet your payment agreement, but I was asking if they came right away after your original notice, or did they wait a little while?

Also a major concern to me is what if I am leaving my house for work and we sort of cross paths? Obviously I have no intention of answering the door, but what if they see me leaving my house or something? I assume that every time I leave my house now, until this is settled, I have to watch my back and check out my window.

Oh and here is another important question: What time did they come to your house if you remembver? Meaning did they come during regular business hours, in other words between 9:00AM and 5:00PM monday through friday, leaving me safe for nights and weekends? Or did they come during off hours?

[OhioFiler]

I'm so glad my horrifying life and terrifying situation is a source of fascination and amusement to you, music12.

Nah, looking at this objectively, I am not really going to get pissy about that, lol. When I call them I am going to make it clear that I don't have a lot of valuables (which to be honest, righ now, I don't, except for my 3 year old computer, some furniture, and a ton of books from 4 years of college and 4 years of graduate school...oh and a lot of pots, pans, and some very nice cooking stuff) but that I want to avoid the embarassment of a seizure in front of my nosy neighbors.

Maybe that will sound desperate, and they will try to milk it, I don't know.

I don't believe Music12 was finding amusement in your situation but was generally interested and amazed by the authority of the marshalls in NYC. Clearly, you find your story humorous though given your use of "lol". Music12 is a thoughtful, helpful poster. The cheap shot was uncalled for.

[JGT]

"They collect 5% of every debt they collect"....So I assume since the stuff in my apartment is worth about maybe $500 Mr. Marshal will make $50 bucks.

lol...I thought they said 10%...So they would make about $25 bucks on me.

[JGT]

By the way; Here is a VERY good article you may want to read about Mr. Xxxxx and the rest of these lovely people..........

http://www.nypost.com/p/news/regional/arm_twisters_grab_from_city_coffers_Oe9X1OWqsoTDdPU1srWsaL

"They collect 5% of every debt they collect"....So I assume since the stuff in my apartment is worth about maybe $500 Mr. Marshal will make $50 bucks. This is pure insanity, and to top it off Marshals do a job the city Sheriff is meant to do AND because of that, the city loses millions. Like the person said on this board, it`s so true, banks run this city.

Hope you come back to this board and read this, this should help ease your mind and good luck.

[JGT]

Oh yes, to answer what you said about time, I was about a week late paying them when they first came over. Also I owe the IRS $5000...Are you saying I have to settle that first before I can file BK?