my employer got a wage assignment from tremont financial. they said they filed judgement but it doesnt look right. how much does my employer have to send each pay? they are telling me 10% of my gross wages. I dont believe this is correct. I am in Pennsylvania.

[Teleport]

singlemomof2

Hi, welcome to the forums. By the sounds of it, you took out a payday loan and defaulted. Most payday loan companies have a wage assignment in the loan agreement somewhere, however these wage assignments are totally voluntary. You have a right to revoke it at anytime. However, unless you signed this wage assignment in person, it is totally useless.

Your employer has every right to refuse the wage assignment, just as you have every right to revoke it. Now the only way your employer will have to obide by garnishing your wages, if it was ordered by a judge.

I would make every attempt to pay back the loan. Contact Tremont Financial and see what they can work out for you, but at the same time tell them that the wage assignment is not a sufficient document and cannot be used.

Tremont, at the present moment is in good standing with the BBB. But of course they've only had one complaint lodged against them, and it was resolved with satisfactory results.

Here is the contact information I found:

Tremont Financial, LLC
2329 N. Career Avenue
PO Box 608
Sioux Falls, SD 57101
888-338-7008 (call center) 888-329-3003 (fax line)
tremontfinancial.com/

Hopefully you will be able to get this resolved without any heartache. Especially since the holidays are right around the corner.

Regards-
Mike

thanks Mike. the only thing is I already got something from Mineehaha County stating they were filing a judgement. What is the minimum my employer can deduct from my gross wages?

[Teleport]

singlemomof2

Have you called the county in your area? I would look up the number in the phone book (usually the blue tipped pages) and call to verify. This letter could be a scare tactic, when it really is a wage assignment. I've never heard of a loan company filing garnishment papers, but I suppose it's possible.

Usually the norm is 10% of wages, until the amount is paid. If the loan was $500, then you'd be an amount of $50 deducted by Mineehaha County every pay period.

Was this letter sent to you certified? You have to be officially notified that you are getting your wages garnished, and a judge has to sign the papers and approve the garnishment.

Regards-
Mike

10% of wages or loan amount? I owe 400.00 a magistrate signed a form that doesnt look like anything Ive ever seen before. I want to get this taken care of but it is a bad time of year. I didnt think they would file judgement for $400.00 either. I paid them at least that much in interest fees for this loan. I will never, ever go to a pay day lender again. they are all crooks!

by the way this was filed suppposedly in South Dakota and Im in Pennsylvania. Who actually has jurisdiction?

[Teleport]

singlemomof2

Last time I checked, it had to be filed in your own county. I could be wrong, so don't hold me to that.

But to answer the other question, it's 10% of your wages. That is usually the norm, but not to exceed 25% of your disposable income.

Remeber to call your local county office to ask about the garnishment. They'll be able to tell you if it's real!

Regards-
Mike

thanks Mike. you have been a big help and this is the best site Ive ever been on. I have learned so much about the debt collection process. again a big thank you!

[ben]

Adding further to this conversation, a valid judgment will be kept in the records of the local county office as Mike mentioned. Also, you can view a legal judgment in the latest credit copy. If it appears in your credit report, you can assume it to be a legal one unless you dispute it.

Some knowledge about a legal wage assignment can be acquired from this link also.

http://www.debtconsolidationcare.com...ssignment.html

i received a judgement against me from local court. the attorney fr loan company sent papers to my jobs payroll,attorny is seeking a garnishment of wages,to date the judge has not signed,my job started withholding money fr my check every week,it has been three months and still the judge has not signed, can i gett the money back my job is withholding fr my check fr past three months, is it legal for them to withhold without a signed court order fr a judge

[david]

cyberbandit15, in a wage garnishment, you need to receive papers from the court. You will receive a notice 20 days before the court hearing and will be asked to present your defense. Based on your financial situation, the court will decide how much money you will be required to pay each month.

But in a wage assignment, you are not required to receive any papers from the court. However, a legal wage assignment should cover some of the basic legal requirements. Read this thread below for some more information on it.

http://www.debtconsolidationcare.com...ign-legal.html

You must talk to your employer and explain the situation if this process is happening illegally. If he understands the situation, he will stop withholding money from your paycheck.

your wage assignment of $50 per pay period is $150 less than your minimum payment of $200 on your $400 dollar loan! If you had no intention of paying the loan back in a couple of weeks, why did you sign the agreement?

[john]

Beeper, most of the people have every intention to pay their debt. Not paying them will of course not do anything good to them. The capability of getting credit will be getting ruined. And there is always a risk of hard situations that can lead towards bankruptcy. This of course, is not good for the lender and the consumer. So, if possible, if you are attached to some loan company, can you try to make things easier for the people? Can you extend some repayments and take the charges that will be required for doing it? If there are some facilities that can be extended, the lenders will surely receive the money. Forcing people to pay the money in one time is just not possible. Otherwise, you would not have faced such problems. Just a thought!

I signed an agreement with the company but the wage assigment was not on a separate page it was incorporated in with the whole agreement. I have been in constant contact with them to repay this loan. I did a paypal thing, they say they never got confirmation so they are not talking to my employer about repayment as of today the 13th. This paper about a wage assigment was automatically generated from what a guy said at Tremont. So can i revoke this wage assigment. In the whole contract it said it was unrevokable until the loan was paid in full. What i can do. I will contact my payroll department as well.
Thanks

I have not recieved anything other then an email today stating they was talking to my employer today to see about repayment. I looked at the site about wage assigments 3 out of those have not been followed by this company. Can i send the revoke letter and it stop the wage assigmen. But you know what the bad par is, is that i have been on constant contact with them.

[john]

Downandout, wage assignment should have been separately mentioned in the agreement contract before you signed with them in person. Digital signatures are not applicable in the wage assignment process.

One more thing to be considered here is that the wage assignments are completely voluntary. So, you have the rights to revoke it anytime. The company is trying to put pressure on you by saying that it cannot be revoked.

Contact your payroll department and make them aware about this situation. They won't let the company deduct money from your pay stub. Send a revocation letter to them in writing through certified mail with return receipt requested. Can you tell the state of their business so that I can search for their address?