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Posted: Fri Mar 31, 2006 7:09 pm Subject: Notice of Defense

First, thank you to everybody who posts here. You have helped me more than I can say. I now feel like I have a little control. Very Happy

I'm wondering if anyone has a sample of the Notice of Defense. Sonic sent a wage assignment to my employer. I got notice today (4 days before payday) that they would be garnishing my next paycheck. I have called and sent emails to the Payroll and HR departments and also to the Attorney in charge of HR, but the only person who I did get to talk to said she would "look into it". My payday is next week. I don't have time to wait. I sent the Wage Assignment revocation letter to Sonic and sent a copy to the payroll department, but I'm worried that it might not be enough.

Can someone help?

Posted: Fri Mar 31, 2006 7:38 pm Subject:

Send a letter to Sonic and one to your employer stating that you want to stop the wage assignment. My sister did that and they stopped it immediately.

Posted: Fri Mar 31, 2006 7:51 pm Subject:

CERTIFIED MAIL, RETURN RECEIPT REQUESTED
March 31, 2006
Youre Name _________________
Your Address
Your City, Your State your zip
Creditors Name
Creditors Address

Re: Account No. your account number with this creditor
Dear Sir or Madam,
I hereby revoke your right to use the wage assignment I signed on Date you signed for loan. You no longer have my permission to use this wage assignment.
Sincerely,

Your Name _________________
cc: Name Of You Employer

Posted: Fri Mar 31, 2006 8:10 pm Subject:

the creditor must give you 20 days to dispute it. this type of collection is sneaky, and they have to honor a revocation. Be prepared though, you should make some arrangements with sonic right away, because they might try to get a judgement for garnishment after being denied the wage assignment.

mwtx · Posted: Fri Mar 31, 2006 8:17 pm Subject:

Are you in Texas? If so, in Texas your wages cannot be garnished, except for government owed debts or child support etc. They probably can come after your bank account though, so I'd plan on shifting some money around. Also in Texas, you have a $30,000 personal exemption on judgments ($60,000 family).

Guest · Posted: Fri Mar 31, 2006 9:53 pm Subject:

No, I don't think they can go after your bank account in Texas, not without going to court first.

Posted: Sat Apr 01, 2006 8:29 am Subject:

Please make sure you're talking about garnishment as opposed to a wage assignment. A garnishment is a judicial process, often initiated as a separate legal proceeding in order to execute a prior judgment. A wage assignment is a contract, which in many if not most cases can be revoked (if it's a consumer loan, it may be revocable under your state law, even if the contract says it's irrevocable).

If it was a garnishment, the person doing the garnishment was required by federal law to ensure that you were served with a form that allows you to claim exemptions. I've never heard of a "notice of defense" and frankly it doesn't make any sense to me, though there may be some funky statute in whatever state you live it that uses that phrase and clothes it with meaning. But garnishments are primarily (but not exclusively) regulated by federal law.

Legal stuff tends to be fairly precise in its use of terms (that often confuse people because they sound like ordinary English words, even though they're being used in their original Norman French meaning). But unless you can explain exactly what's going on and why, anything anyone can tell you on this website will be a shot in the dark.

Posted: Sat Apr 01, 2006 9:29 am Subject:

I'm in Nevada, Where I'm not sure anything is illeagal.

No it's a Wage Assignment Document that was sent to my employer. The notice I got from my payroll department used the word garnishment.

Posted: Sat Apr 01, 2006 9:41 am Subject:

Can you give me the full name of the company that's taking your money and tell me what their basis for taking it was (i.e., payday loan, check cashing service, what?)?

Posted: Sat Apr 01, 2006 9:43 am Subject:

Sonic Payday, it was a payday loan. I've tried to work with them, but they won't accept partial payments.

Posted: Sat Apr 01, 2006 9:44 am Subject:

Payday loan companies and check cashers are required to be licensed in Nevada; there is no company name starting with "sonic" licensed by the Nevada Division of Financial Institutions in either of those categories.

Posted: Sat Apr 01, 2006 9:46 am Subject:

The notice they sent my employer says Coastline Credit ltd. Maybe Sonic Payday is a dba.

Posted: Sat Apr 01, 2006 9:48 am Subject:

The upside is that if I can get this wage assignment stopped before payday. I have the address to send payments.(sonic has previously refused to give me an address).

Posted: Sat Apr 01, 2006 9:50 am Subject:

Payday loan is not a company name; it's a service mark registered in Nevada, and owned by a company named, CASH ONCALL OF AMERICA, INC., 3860 W. SAHARA BLVD., LAS VEGAS, NV 89102; There is no corporate entity registered in Nevada with a name beginning with "Sonic Payday". Cash Oncall is a legitimately registered corporation. If the company name on your wage assignment doesn't have the name of a real "person" (including corporate "persons"), then it is invalid. Void, nihil, nada. Also note that a service mark is just that, not a name.

Posted: Sat Apr 01, 2006 9:59 am Subject:

There is no entity licensed to do payday loans in NV with a name starting with "Coastline".

There are two using the names "Payday Loan" and "Payday Loans"; the first is located at the same address for Cash Oncall of America; the second looks like a misspelling of a branch of the first.

Coastline is not authorized to use the names, "Payday Loan" or "Sonic" in NV. Of the corporate entities having names starting with Sonic, I can't find any that have any common address or anything to do with any payday loan company.

Posted: Sat Apr 01, 2006 10:01 am Subject:

So if I'm following you, forgive me if I'm off. If they aren't licenced to do business in Nevada, then what they are doing is illegal?

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