I think I just need a forum to ramble in. This is all I can think to do right now.
I am undergoing a wage garnishment (~$7500.00) brought about by Resurgence Financial, LLC. When my employer first notified me of this by mail in February I had no idea who Resurgence Financial was or why they were taking my pay. This is the first problem I have with this company: Their crippling explosion into my financial life without the courtesy of clearly identifying themselves or the purpose of their invasion.
I once had a credit card that was closed—before 2000—with a $2900 balance. I suspected that the garnishment was related to that account, but I wasn't sure because it had been so long. There was at least an attorney's contact information on the garnishment order, and when I called a couple days later, although I got no straight answers, i felt my suspicions were confirmed.
My first conversation with the Law Offices of Felix Patenaude, Esq. Did not go well. When I asked why I was being garnished, the response was a vague "Well, you didn't pay!" Yeah... But I mean, pay what? What is this for? And what is more, who the F*CK ARE YOU PEOPLE? I finally hung up in the middle of a cocky lecture of how my financial irresponsibility got me into this mess.
After spending the next several days hunting up lawyer information online to no avail (i've never hired one before and have no money to do it anyway) I called Patenaude a second time and decided to maintain nice, even adding a touch of cluelessness to be safe. Again, still no direct answer as to the exact source of this garnishment, but there was an offer to call it even if I could pay $4500 within 3 days, and a polite lecture on the topic of how banks purchase batch accounts for pennies on the dollar and then collect, etc. I even said "Bye" this time.
My point is, I was facing a catastrophe—I know there are far, far worse—and I felt like there was nothing I could do. I did a little more sleuthing, I finally came across an attorney online who told me to go to the courthouse and get a copy of a particular page from the case file (there's a case file?), that would be a good first step. I copied the entire 40-odd page file for around $15.00.
It was actually interesting to read. There was a credit card number, I faintly recognized the last four-digit combination. A lot of supporting documentation that Resurgence had indeed purchased this number, along with a bunch of other numbers, from Chase Unifund... That Resurgence Financial LLC was a legit company... So was Chase Unifund... Forms and attestations, certifications... Declarations with heretofores and encombent-upons, etc. That the companies are who they are (i guess this is where all that identification was) and that said debtor did indeed owe ~$5500, now with interest /- $7500...
(That online attorney, by the way, regretted to inform me that there hands were all but tied, as I had allowed the full two years of recourse to elapse from the time I had been served the judgment (I was served? Yes, your brother William accepted it. I don't have a brother named William...)
To date I have been garnished $4426.20; I'm anticipating an end to this sometime in November.
Getting garnished is annoying, I've been through it before. I defaulted on a $2900 credit card balance. That I was drowning and had paid hundreds of dollars toward that debt is old news and irrelevant. You want your money back 10 years down the road? FINE! The debt is valid, even when California statute of limitations on revolving account collection enforcement is 4 years.
It is valid, even when Wachovia bank no longer remembers the tax write-off they recieved when they declared that debt bad.
It is valid, even when the exhorbitant interest is added.
It is valid, even when the collector fabricates account activity to get around the statute of limitations. ("You talked to 'Denise' at that the Consumer Counseling Agency about this debt in 2004. That constitutes account activity!" I did not talk to any... Oh who cares).
It is valid, even when there is no copy of a statement, nothing more than a 'legal declaration that Patenaude said that Resurgence said that Chase said that Wachovia said that this account number once existed and was tied to this social security number'.
I don't care who the $2900 goes to. Yes, I'm reluctant to part with it, (as are you) so sue me (oh, you did), I'd've preferred it actually go to the people to whom I originally owed it (life's unfair, business is business, who cares). Fiiiiiiiiiiiine.
What bothers me is that a group of lawyers can form a company, go bounty hunting, and proceed to raid, pillage, yes rape, every single worker's bank account they can legally access.
It bothers me that amidst "freedom this" and "privacy that", any given person, adequately armed, can just walk up to an employer, demand an employee's money, and actually get that money.
Some people use guns, I hear.
That's a tremendous amount of power. When it's used for the safety and well-being of humankind, perhaps a strong argument could be made in favor of granting that kind of power. But should it be used as a tool for mere monetary profit? Resurgence Financial, LLC Revenue Per Employee is $183,333 according to industry intelligence company Goliath. I don't know exactly what all of that means, but something tells me that that money's not being used to help Johnny's mother buy diapers and formula.
The USA's a capitalist country. Not always my cup of tea, but I benefit more than most on this planet because of it, and I really try to appreciate that. And to continue whipping this dead horse, I paid Wachovia a healthy chunk of interest and they were, I'm assuming, able to write off the $2900 loss. Again, I don't know exactly what all of that means, but something tells me that write-offs and interest can function as a form of compensation. I think.
But $8000 for what was a (presumably compensated) $2900 debt? Someone out there sees the logic in this. Well, it escapes me and I'm paying for it.
I have a hearing on July 30th, at which I plan to beg, beg, beg the court to have mercy on me and at the very least suspend this garnishment. I also open no more credit cards, pay on the ones i have, and try to keep saving.
Speaking of saving, it was interesting that in Resurgence's opposition to my request for dismissal of the garnishment they stated—and I quote—that I "voluntarily pay $408.00 a month into 401K retirement plan while not complying with payment on this judgment". I didn't realize they shared my concern with my financial well-being when I retire. I'll reflect fondly on them as I endure this lesson they're teaching me.
I feel a little better now. Life could be horrendous, nonexistent in fact. Hey, it could be $70 thousand, or even $700K. Me, I prefer to believe that Resurgence Financial, LLC is using my garnishment to help out a bank that lost $700 million to deadbeats like me. I don't know what Wachovia would think of that. Maybe Wachovia's the bank. Anyway, here's some names of all those insurgents—I mean, Resurgence folks:
Leadership
Officers, Directors, Committee Chairs, and Staff
Name Addresss Phone No. E-Mail
Ira N. Helfgot
President Law Offices of Ira N. Helfgot
Three First National Plaza
70 W. Madison St., Ste. 3700
Chicago, IL 60602 312-558-3013 (Bus)
312-263-9104 (Fax) [email protected]
Kevin M. Kelly
Executive Vice-President Kevin M. Kelly PC
10 E 22nd St Ste 216
Lombard, IL 60418 630-916-1188 (Bus)
630-916-0696 (Fax) [email protected]
William H. Hunter
Treasurer Law Offices
29 S. LaSalle St.., Ste. 950
Chicago, IL 60603 312-782-5192 (Bus)
312-782-8534 (Fax) [email protected]
Larry J. Meyer
Secretary Law Offices of Larry J. Meyer
205 W Randolph St., Ste. 820
Chicago, IL 60606 312-346-0875 (Bus)
312-346-1110 (Fax) [email protected]
Greg Dye
Education Co-Chair Blatt, Hasenmiller & Leibsker & Moore
125 S. Wacker Dr., 4th Flr
Chicago, IL 60606 312-704-9333 (Bus)
312-704-9430 (Fax) [email protected]
Conrad Noll
Education Co-Chair Resurgence Financial LLC
4100 Commercial Ave
Northbrook, IL 60062 847-656-2200 (Bus)
847-656-2201 (Fax) [email protected]
Robert G. Markoff
Legislation Chair Baker, Miller, Markoff & Krasny
29 N. Wacker Dr., 5th Flr
Chicago, IL 60606 312-541-4100 (Bus)
312-541-4125 (Fax) [email protected]
Steven J. Fink
Membership Chair Steven J. Fink and Associates, P.C.
25 E. Washington St., Ste. 1233
Chicago, IL 60602 312-696-1000 (Bus)
312-696-1007 (Fax) [email protected]
Thea F. Rubin
Immediate Past President
Technology Chair Attorney at Law, LLC
2011 Mall Street, Ste. B
Collinsville, IL 62234 618-345-2241 (Bus)
618-345-2287 (Fax) [email protected]
Jeffrey A. Albert
Director
The Albert Law Firm, P.C.
205 W Randolph St., Ste. 920
Chicago, IL 60606
New Cell 312-263-6590 (Bus)
312-263-2224 (Fax) [email protected]
David J. Axelrod
Director David J. Axelrod & Associates
1448 Old Skokie Valley Rd.
Highland Park, IL 60035 847-579-9700 (Bus)
847-579-9705 (Fax) [email protected]
Stacie Barhorst
Director Barhorst Associates, PC
180 N LaSalle Street
Ste 2105
Chicago, IL 60601 312-782-4270 (Bus)
312-782-4301 (Fax) [email protected]
Louis S. Freedman
Director Freedman, Anselmo, Lindberg & Rappe
1807 W Diehl Rd., Ste. 333
Naperville, IL 60566 630-983-3391 (Bus)
630-983-3726 (Fax) [email protected]
Michael A. Hall
Director The Hall Law Group, Ltd.
Associated Bank Plaza
411 Hamilton Blvd, Ste 1806
Peoria, IL 61602 309-673-3807 (Bus)
309-673-7319 (Fax) [email protected]
Timothy Howe
Director Klevatt & Associates
33 N LaSalle Street
Ste 2323
Chicago, IL 60602 312-782-9090 (Bus) [email protected]
Peggy Jans
Director 32 Rosewood Lane
Pekin, IL 61554 309-369-8350 (Bus)
309-347 (Fax) [email protected]
Cindy M. Johnson
Director Johnson & Newby, LLC
39 S LaSalle St Ste 820
Chicago, IL 60603 312-345-1306 (Bus)
312-345-1308 (Fax) [email protected]
Ira F. Leibsker
Director Blatt, Hasenmiller & Leibsker & Moore
125 S. Wacker Dr., 4th Flr
Chicago, IL 60606 312-704-9440 (Bus)
312-704-9430 (Fax) [email protected]
Leonard Marcus
Director Linebarger, Goggan, Blair & Sampson
233 S. Wacker Dr., Ste. 4030
Chicago, IL 60606 312-655-0160 (Bus)
312-655-0161 (Fax) lenard. [email protected]
Michael S. Matek
Director Matek Law Offices, P.C.
77 W Washington St., Ste. 1313
Chicago, IL 60602 312-372-5800 (Bus)
312-372-1276 (Fax) [email protected]
Michael R. Polk
Director Walinski & Trunkett P.C.
25 E Washington St., Ste. 1221
Chicago, IL 60602 312-704-0771 (Bus)
312-704-8431 (Fax) [email protected]
Kenneth R. Wake Blatt, Hasenmiller & Leibsker & Moore
125 S. Wacker Dr., 4th Flr
Chicago, IL 60606 312-704-9440 (Bus)
312-704-9430 (Fax) [email protected]
Audra Dye - Executive Director 9449 S Kedzie Ave
Suite 157
Evergreen Park, IL 60805 888-684-4222 (Toll Free)
773-429-9200 (Fax) [email protected]
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