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-   -   Restraining notice ssdi arrears (https://www.askmehelpdesk.com/showthread.php?t=482956)

  • Jun 27, 2010, 12:42 PM
    Fr_Chuck

    Of course it is sort of obvoius from the cashier checks that you may have known that they would come for the money and wasing trying to hide it. Or move it around in a shell game to confuse the issue of where the money was. ** most likely going to look bad in court also.

    Next yes, state law is trumped by the federal law that allows federal money to be taken. If this had been a check from a state agency it would be different.

    It is obvious y
  • Jun 27, 2010, 12:44 PM
    Fr_Chuck
    [QUOTE=Fr_Chuck;2411509]Of course it is sort of obvoius from the cashier checks that you may have known that they would come for the money and wasing trying to hide it. Or move it around in a shell game to confuse the issue of where the money was. ** most likely going to look bad in court also.

    Next yes, state law is trumped by the federal law that allows federal money to be taken. If this had been a check from a state agency it would be different.

    It is obvious you are trying every trick in the book not to pay legally owed funds to your child.

    In this case it appears justice will be done

    And since it appears a large amount of unpaid child support is due, I hope they may decide to enforce other legal enforcement methods, since those that refuse to pay their child support need to be locked up for a while, as allowed by most state law, it seems to help them feel better about paying
  • Jun 27, 2010, 01:01 PM
    JudyKayTee
    Quote:

    Originally Posted by colonjaime20 View Post
    I agree with you in ref. to all those dead beat dads out there. Fortunately and very proud of it I do not fall into that category. {insults removed-<>}


    Again - please don't tell "us" how AMHD is run or should be run.

    Your question was answered. Of course, then you changed the question but...

    If the assumptions about you which are being made are incorrect can you explain who supported your child and why you are playing a shell game with the lump sum settlement? Also why an Attorney isn't involved in all of this - if the Government took a chunk of MY money, I'd be at an Attorney's office at start of business.
  • Jun 27, 2010, 01:39 PM
    ScottGem
    Quote:

    Originally Posted by colonjaime20 View Post
    what about the bank placing a stop payment on the cashiers check i had purchased prior to a hold being placed on my acct.?? I was under the assumption that the cashiers check was paid for by me, is my property and the bank has no interest in it since a complete payment was made, which completed the transaction????

    You made the mistake of not using the cashier's check. Until that check was presented for payment its still in your account. Therefore, once the writ of execution was served on Chase, they had to cancel the checks.

    I'm not going to make assumptions here, but I am curious why this money was not used to settle debts that had accrued while you were waiting for it. Had you done so, the money would not have been in the account when the writ was served.

    Quote:

    Originally Posted by colonjaime20 View Post
    I have petitioned the court since 2006,and yrly thereafter of my inability to work. The court would request proof to which I answered that I was awaiting a decision from ssdi. In march when i recvd my benefits award letter i went to court and presented it. Would this clear my arrears since they were adding up based upon my ability to work and based on an income which I was not earning. My x did not appear in court and i have to return 9/10

    So, if I understand you, rather than presenting to the court the medical evidence you submitted to SS, you just told them you were awaiting a decision from them? I don't understand why, at some point since 2006, that you could not present proof to the court; tax returns, medical documents, etc.; that would have proven your change in income and getting you a modification of the support amount.

    I doubt if the court will modify your support retroactively. Which means they will not adjust the arrears. I think you have been trying to do this on your own sans attorney and that has now cost you big time.
  • Jun 27, 2010, 01:42 PM
    JudyKayTee

    - Or else it was some type of arrangement to avoid the authorities. One or the other.
  • Jun 27, 2010, 02:08 PM
    colonjaime20

    Need banking professional for my question.! A cashiers check is a Bankers draft. The funds are in the financial institutions acct. and when presented for payment are paid from the banks acct. The individual who purchased the check either pays for it in cash or the funds are withdrawn from the purchasers acct. at time of purchase. They are considered to be a bank note, guaranteed funds by the issuing bank. This transaction is considered to be the completion of a sale. When an item is purchased the seller no longer has any interest in the item sold. Ownership is passed to the buyer and any claim upon the item. I can only go this far. I see no way legally to have a stop payment placed on said check.Ref: Wikipedia encyclopedia cashiers check, bankers draft and sales.
  • Jun 27, 2010, 02:17 PM
    JudyKayTee

    Apparently Wikipedia is incorrect because it's happened to you - I know if you purchase a cashiers check and the funds are counterfeit and check is stopped.
  • Jun 27, 2010, 02:26 PM
    ScottGem

    First, Wikipedia is not the best authority to cite. Second, I answered this for you. A cashier's check is a statement by the bank that there is funds in the account to cover the check and that those finds are on hold to cover the check. However, if something happens beyond the bank's control to make those finds no longer available, then the bank can cancel those checks. A cashier's check is designed for near immediate use. Not to hold onto.
  • Jun 27, 2010, 03:16 PM
    Fr_Chuck

    Correct Scott, a Cashiers check is not a money order it is not purchases, it is a bank check and the funds are still in the bank pending it being cashed. The funds are normally "held" for that, but a garnishment ( freeze) over rides any outstanding check.

    Sorry you want to believe other than actual facts, but the fact first that the bank did it, should be enough proof.

    And Wikipedia is often wrong, the info on it, is just put on there many people.
    Heck they even listed me in the 2006 though this year as one of the leading religious leaders in America, that should be enough there to make you worry about them.
  • Jun 27, 2010, 03:55 PM
    ScottGem
    Quote:

    Originally Posted by fr_chuck View Post
    and wikipedia is often wrong, the info on it, is just put on there many people.
    Heck they even listed me in the 2006 though this year as one of the leading religious leaders in america, that should be enough there to make you worry about them.

    Roflmao!
  • Jun 27, 2010, 04:56 PM
    JudyKayTee

    Oh, too much - 10 out of 10. On the floor!
  • Jun 27, 2010, 11:39 PM
    deeregirl39

    Sounds like you are just trying to cheat your child out of his support!
  • Jun 28, 2010, 04:00 AM
    ScottGem
    Quote:

    Originally Posted by colonjaime20 View Post
    Thanks to every professional expert which attempted to answer my questions. {Mod note: post removed-<>}

    You're welcome. I must say, however, your reaction (what was removed) is very typical. People frequently come here looking, not for accurate answers, but for affirmation of what they believe. When they find they are wrong and the answers show that, they lash out at the responders.

    You received very good and accurate advice here. Your questions were answered. Some responder did make assumptions that I disagreed with, but I can understand the reason for those assumptions based on what you posted. Again, your reaction was typical, you got defensive and lashed out, thereby making their assumptions more feasible.

    If you don't like this site, you are welcome not to use it again. But any further violations of our rules will result in more removed posts.
  • Jun 28, 2010, 04:53 AM
    JudyKayTee
    Quote:

    Originally Posted by deeregirl39 View Post
    sounds like u r just trying to cheat ur child out of his support!

    Please don't use text speak on the legal boards.

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