Adnihilo here again. "How [Student Loan] Corporatism Ruined My Life" is split into 4 parts posted with the last part posted first to 'reverse the reverse blog order'. Meaning you can read down for each consecutive parts 1, 2, 3, and 4.

How Corporatism Ruined My Life, Part 3
Wage Garnishment

I took out a student loan to further 'increase' my own variable human worth to Corporate America. Like anyone taking out a student loan, I only wanted to 'sell my time, hence my life' to Corporate America for more money as a human resource commodity. I wanted to provide Corporate America more 'bang for their buck' as their corporate whore from attaining an MBA. I really wanted a law degree, but 3 to 4 years for a Juris Doctorate would be far more expensive than the 1.5 to 2 years for the MBA. A degree at the time in the mid to late 80s that promised an average of $50K a year, or an hourly wage paying me about 10% of what a real life Las Vegas whore earned from an hour of 'work' at the time.

What follows is what I included in a 'Request for Hearing' citing my legal objections to the US 'Fed ED' who'd sent me a notice they were going to garnish of my pithy, part time, seasonal wages on July 20th, 2006. My objections were mostly based on the US Fed ED infringing on Nevada Revised Statutes [NRS law]. I had to do the legal research for the objections to their threatened wage garnishment myself because 'Heather' at the free Clark County Legal Service simply refused to help. The operator refused to put me through to anyone else telling me Heather alone 'handled' my sort of case. After a week of leaving a dozen polite voice mail messages to what was likely a Paralegal at Clark County Legal Service sounding all of 16, I never got a call back.

Aside from the 3 legal objections with the latter two appearing to be valid, I wanted to provide the Feds a little personal glimpse into the 'American Dream' I'd had that ended up in abject poverty as a direct result of their acts of student loan corporatism. It is likely, if my research is valid, that most any student loan borrower being threatened with wage garnishment on student loan in default for over 7 years can object using similar statutes from their state.

Perhaps 'real' lawyers out there can tell me if the last two objections based in NRS law are valid. Regardless, the names have been changed to protect both myself identified with the aka 'Adnihilo Admonisher', and government fascists or those working for them. Keep in mind while reading, at this 'stage of the game', I don't give a flying fuk what the jokers in government think about me. As 'V' expressed on V for Vendetta: "People should not be afraid of their governments. Governments should be afraid of their people." So here it is exactly as I sent it to the overpaid jokers representing our Federal Gov't at 'Fed ED'.

Objections to Garnishment
10. I believe that this debt [and/or its accompanying wage garnishment] is not an enforceable debt [or wage garnishment] in the amount stated for the following reasons:

The 'Fed ED' [US Dept. of Education] 'Request for Hearing' form specifies a potential to object based on the enforceable amount of the debt, but not a potential to object to the wage garnishment itself as not enforceable based on state and/or federal laws. Two objections of the three that follow cite NRS [Nevada Revised Statutes] code that 'Fed ED' [US Dept. of Education] infringes upon by garnishing the alleged debtor's disposable income from his sole, part time, and seasonal employer. Therefore, for the number 10 objection, 'and/or the accompanying wage garnishment' has been included in brackets after 'debt'.

As difficult as it will be, as the 'alleged' debtor, I will still attempt to be as succinct as possible. The first 3 Objection section headings accompanied by a heading entitled In Fair and Equitable Settlement will be the most relevant to you as a creditor. The personal information that follows the more relevant 'objections' may likely be considered superfluous to the Fed ED [US Dept. of Education]. However, I feel it is necessary information for you as a government agency 'owning' this alleged debt, to comprehend that this loan, back in 1995 just before being denied procedural due process, was approximately 20% of today's alleged amount owed almost exactly 11 years later. It is an alleged present day debt that has increased around 500% since 1995 when the dept amount tripled as a direct result from a denial of procedural due process.

You of course can choose to ignore these Pre-Existing Circumstances and Present-Day Circumstances sections following the 3 relevant objections that conclude with a fair and equitable settlement offer. These circumstance sections provide you a personal glimpse into my employment struggles and dismal poverty resulting from this one sole student loan; the devastating affects it has all had on the quality of my life; and how it all has so deeply affected my personal outlook and opinions toward obvious organizational system dysfunction and failure in America.

It is an outlook that is of course open to your rational interpretation, but one nonetheless that has been strongly influenced by 15 years of abject poverty directly caused by the failures and dysfunction of mutually supporting corporate and governmental systems. Failures from acts of corporatism caused by the avarice of government and corporate systems that together are at least equal to, if not more responsible for the resulting abject poverty in my life than any of my own personal failures.

Objection 1:
Enforceability of alleged debt: Denial of Procedural Due Process to alleged Debtor in 1995 for court case XX-X-XXXXX-X

NRS [Nevada Revised Statutes] Rules of Civil Procedure for Issuance of Summons:
"Upon the filing of the complaint, the clerk shall forthwith issue a summons and deliver it to the plaintiff or to the plaintiff's attorney, who shall be responsible for service of the summons and a copy of the complaint. This summons, along with the complaint, must then be served into the defendant's hands." A sheriff or marshal may deliver it, or a private process server may be hired. Bonding for process servers is not required by the state of Nevada. In some rare instances, it may be sufficient to mail the summons and complaint by certified or registered mail [As amended; effective February 11, 1986].

I never received, or was personally served a summons, or had any prior knowledge of court case XX-X-XXXXX-X filed on 04/10/1995 by Plaintiff 'New York Higher Education Services', represented by plaintiff's legal firm, Screwu and Howe, against Defendant Adnihilo Admonisher, and presided over in Dept. 4 by Judge Jack Ass Joker [From BLACKSTONE]. A Summons for this court case was not directly issued, delivered, or personally handed to myself as the alleged debtor by a process server, or through the mail, registered, certified or otherwise.

Then as now, there are 5 open unlocked mailboxes where USPS mail delivery often gets 'mixed up'. On occasion my own mail has been 'stolen' [and reported to police] for ID theft purposes in this neighborhood of almost all [but myself and my roommate] non-English speaking Hispanic immigrants, many of which I know to be 'illegal aliens'.

Even though 11 years ago, I specifically remember the shock I found myself in when receiving a letter warning a warrant would be issued for my arrest resulting from this civil court case I new nothing about. I was obviously quite shocked to learn I would be arrested unless I immediately contacted the plaintiff's legal firm of 'Screwu and Howe'.

This is a moment in time one does not forget. Also, because I was quite obviously upset about this matter, I specifically remember one sole comment made by plaintiff's attorney, 'Will Screwu' during an initial meeting [that was also recorded on audio tape by said attorney]. On expressing my shock about this lawsuit and court case missed and 'lost' from never getting a summons, I explicitly remember plaintiff's attorney, 'Will Screwu', rather callously verbalizing something about how I would be sure to open my mail from now on.

Procedural due process is based on the concept of "fundamental fairness". At a bare minimum, it includes an individual's constitutional right to be adequately notified of charges or proceedings involving him, and the opportunity to be heard at these proceedings. I was denied this right to procedural due process by the plaintiff through the plaintiff's attorney, 'Will Screwu', who failed to deliver a summons to my person with any level of 'fundamental fairness'.

Based on the plaintiff attorney's rather callous comment that I would be sure to open my mail from now on, it can only be construed that this summons might of been, if at all, forwarded by standard USPS mail. Even the simple fundamental fairness found in registering a mailed summons would require my signature, hence my resulting knowledge of impending court case XX-X-XXXXX-X.

Objection 2:
Enforceability of wage garnishment accompanying enforceability of alleged debt:

NRS 21.090 Property exempt from execution:
1. The following property is exempt from execution:
(g) "For any workweek, 75 percent of the disposable earnings of a judgment debtor during that week, or 50 times the minimum hourly wage prescribed by section 6(a)(1) of the federal Fair Labor Standards Act of 1938, 29 U.S.C. § 206(a)(1), and in effect at the time the earnings are payable, whichever is greater."

The creditor [US Dept. of ED] cannot take certain property related to basic needs. This property is called exempt property. Included in this list of property that is exempt under Nevada law (NRS 21.090) is: 75% of debtor's disposable earnings or 50 times the minimum hourly wage (currently $257.50 per week) in a workweek, whichever is higher. The whichever is higher rule of this Nevada Revised Statute has and will continue to render 'fifty (50) times the minimum wage', or $257.50 for any given workweek, the greater amount due to the nature of this job position as part time, seasonal employment.

The alleged undersigned debtor has never earned more than $257.50 in disposable income in any given workweek in the last 10 months since initially employed by this sole, part time, seasonal employer that 'Fed ED' threatens to garnish. The undersigned alleged debtor for the last 10 months has averaged only $73 per workweek in earned disposable income from this sole, part time, seasonal employment that 'Fed ED' threatens to garnish. 'Fed ED', armed with tax statements and earnings reports from the IRS, has knowingly set out to garnish the debtor's sole source of disposable income from a part time, seasonal job that would not only result in the most egregious levels of extreme financial hardships, but infringe upon NRS law 21.090.

Objection 3:
Enforceability of wage garnishment on judgment XX-X-XXXXX-X denying procedural due process no longer legally in effect according to NRS since 2001.

According to Washoe Legal Services, Washoe County, Nevada from Debt Collection, at page bottom under heading What if I am sued, citing NRS 11.190 Renewal of Judgment, Limitation of actions and NRS 17.214 Renewal of judgment: "Once a judgment is taken, a creditor may seek to obtain a garnishment of your wages or an execution on your property. A judgment remains in effect in Nevada for six years." http://www.washoelegalservices.org/debt.htm

This means, according to NRS 11.190 and NRS 17.214 law cited by Washoe County Nevada Legal Services, that the 1995 court case XX-X-XXXXX-X where alleged debtor was initially denied procedural due process [never received a summons], with a resulting judgment against alleged debtor by Judge Gerard J. Bongiovanni passed in Dept. 4, would not be in effect after 2001.

In Equitable and Fair Settlement

In accordance to what is just and right with what is equitable and fair, I, the alleged debtor, will make a one time offer to clear this debt as it existed in 1995 prior to procedural due process denied as specified in Objection 1 above. It is a fair and equitable offer rectifying a denial of due process that tripled the student loan due in 1995 to an amount allegedly 500% greater today, a mere 11 years later. An offer afforded to me by my parents, who are willing and able to take out a private loan to satisfy this debt in a manner that is equitable and fair for all parties involved.

I, Adnihilo Admonisher, offer full payment of the student loan in the amount as it existed just prior to this denial of procedural due process by NY State Higher Education Services in court case XX-X-XXXXX-X filed on 04/10/1995. Actual amount offered will be specified pending receipt of all documentation from the US Department of Education and an acceptance of aforementioned offer by US Department of Education.

Pre-Existing Circumstances

With a BS in Hotel from UNLV, I ended up as a center station main casino bartender in 1984 for a huge mega-resort hotel casino in Reno, Nevada. Tokes, or tips, provided a larger net income than most middle management positions for a 40 hour workweek. At least front of the house tipping positions used to until 1984 when the IRS unjustly forced hotel casinos to levy an 8% income tax on millions of dollars of yearly mega-resort beverage sales proportionally split up amongst beverage employees for automatic deduction from our paychecks.

The following excerpt out of my life as an indentured wage slave is given only to illustrate the inhuman callousness and outright disregard for life Corporate America provided to myself and a loved one. A backdrop providing the later primary reason I felt an absolute need to help develop both the business organization and those that served it as employees. An ex-wife I'd divorced only months earlier, a former pit cocktail waitress for the same mega-resort I worked at, succumbed to a suicide attempt. Found up in the mountains barely clinging to life, she was rushed to emergency. The hospital called about 5pm thinking I was still married to her and told me I needed to come to the emergency room immediately because they didn't think she'd survive this most recent suicide attempt. I was told she'd lost the 'will to live' and perhaps my presence might help to motivate her.

So I called the Assistant Beverage Manager telling him why I couldn't make it to work for my 6pm shift. He told me I needed to come to work anyways. I pleaded with him telling him my ex-wife's life is at stake. He replied by essentially threatening that I may not have a job if I didn't show up for my shift at 6pm. Realize now that I was divorced, I also was solely responsible for the bills including large monthly mortgage payments. So I went in to work literally crying at my center station behind the main casino bar until the other bartenders next to me pleaded with management to let me go to the hospital. My ex-wife had meanwhile died succumbing to her drug overdose. She'd literally burned from the inside out. To this day, I place half the blame for her death on this Mega Resort Hotel Casino. The doctors and nurses said if I'd been with her, just holding her hand at that crucial time, instead of being forced to go to work on being threatened with my job, I may of been enough of a motivating force to instill within her the will to live.

My rage at management buried itself deep within me as I continued to work there a few more months. Fellow bartenders told me my personality expressed this rage in my face by going from the jovial, smiling bartender I once was to the very quiet, more intense, stern face I presented to the public. Meanwhile, without their employees knowing, this mega-resort I worked for had been planning to sell their property to a well known, world wide hotel corporation. They started 'wrongly' terminating a string of bartenders like myself who'd worked their since opening day 6 years previously. The new corporate owners obviously wanted to start fresh with a 'new' and likely younger work force.

Out of 100 or so original, opening bartenders, there were only 3 of us still working there after 6 years. Suddenly after never stealing a dime from this mega-resort in the entire 6 years working there, I found myself terminated for 'stealing' in collusion with a cocktail server I barely even knew. Just like a half a dozen other bartenders over the last few months that had been 'reinstated' after being wrongly terminated for the same reason, I too hired a labor attorney. He also told me I could get my job back before the unemployment hearing. I told him thanks but no thanks. Just get it documented that I was wrongly terminated so I can collect the unemployment.

Disenchanted with casino work and its lifestyle after over a decade in it, I sold what I had and returned back east to New York in 1985. There, after much career testing, I developed a goal to work in the training and development industry and possibly apply this career goal to the hospitality industry. For obvious reasons, I strongly felt a desire to instill a sense of respect for the human resources the Hotel Casino Industry was so obviously seen as abusing. I had read the average pay for someone with an MBA back then was about $50,000 a year. So starting in 1986, I struggled as a mid-life student in an MBA program specializing in Organizational, Career and Human Resource Development that resulted in a significant loss of income from working only part time to attend a very expensive private University on a full time basis.

Unfortunately the only job I could obtain in New York after attaining this Master's degree in May, 1988 was a full time 'permanent temporary' position through a so called 'temp to perm agency' assigning me to Eastman Kodak at only $7.00/hour. An income so low in a high tax burdened state like New York, that even without a family to support, there was still nothing left after basic living expenses and a high car payment I had incurred. A high car payment I had wrongly assumed I could easily make regardless of any degrees from obtaining at least an average income that never came to fruition from living in such an economically depressed area of New York. The $12,000 loan was put on deferment for the maximum 2 years of time from 1988 to 1990.

After almot 2 years with the student loan on deferment, in December of 1990, I witnessed growing numbers of full time Kodak employees laid off and replaced at half the hourly wage by permanent temporary workers from 'temp to perm' agencies like myself. I came to realize Kodak management would never put me into a permanent 'hired' status within the company as they'd repeatedly promised. At this time in 1990, the Las Vegas hospitality industry was experiencing some immense growth from some new and very large mega-resort hotel casinos slated for opening between 1990 and 1993.

With no money after basic living expenses from a dead end $7/hour job, my parents fronted me enough money to again head back to my adopted state for 15 years that I'd left only 5 years earlier. Student Loan deferments were over, but I thought for sure I had the background necessary from over a decade of past local hotel casino work experience, a BS in Hotel from UNLV, and now an MBA level post graduate business speciality degree in Organizational, Career and Human Resource Development that would, or at least should easily secure me a position in training and development within a new hotel casino's human resource department.

After applying to dozens of hotel casinos from 1991 to 1995, both new and old, I found they would not hire me in any position, much less one I'd worked so hard to obtain. This seemed quite odd considering there were no felonies then or now that would preclude me from employment at any Hotel Casino. It is a job application process, even in the early 1990s, that was as in-depth as any given government job.

Then I learned about something new the hotel casinos were doing in the application process that included credit checks as part of a standard background check. The Hotel Casino Industry was one of the first industries that were legally, or so they claimed, checking credit history [see very last sentence from this crap dealer] as part of the application process. Even though the positions I applied for had nothing to do money handling, this sole outstanding loan assumed by NY State Higher Education Services had been keeping me from achieving the goal I'd worked so hard at and given up so much for just to develop the business organization and it's more relevant commodities neglected of all three in its human resources.

During these years from 1991 to 1995 and after, I was relegated to desperate employment at one dead end 'telemarketing' sales job to the next after each employer would conveniently go out of business, leaving me to move on to the next. The Nevada telemarketing industry was, and still is for the most part, the lowest form of dishonest, unethical work one can imagine, but it was also the only work I could secure. I made barely enough money to pay basic living expenses keeping from going homeless.

The only goal I seemed to be allowed to reach by society's 'organized systems' in America was the one achieved by my own diligent efforts towards the Master's degree itself. With all hopes for even a reasonably successful life dashed, like most anyone in similar circumstances, I became quite emotionally depressed and distressed. It had become apparent that I'd been 'blackballed' by the Nevada Hotel Casino Industry, or by Corporate America unjustly denying me the right to work based on this one outstanding student loan, or by both.

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