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Posted: Tue Oct 17, 2006 9:06 am Subject: HELP! - Wage Garnishment from CTC

I had a $300 loan with Cash Transfer Centers and defaulted on it as of 8/31/06. I did notify the company and asked for repayment arrangements, which were ignored. I included this loan with my debt settlement program through Hess Kennedy.

Today there was a letter from CTC addressed to my company's payroll dept. in our office mail. I get all of the mail for our office and deal with it, as I'm the office manager, and we do not process payroll here. They basically want my wages garnished for $439 in one payment and sent a copy of the electronic Declaration of Wage Assignment that was done on their website, and have tacked on a $29 NSF fee to the loan, fees, etc.

What am I supposed to do now? I can in no way afford to give them $439 in one go, I do not legally owe this amount to them, as they are not licensed in my state, fee is over the legal limit, and this bogus NSF charge is more than the allowed NSF fee in my state. Per my state's laws, the finance charge can be no more than $35 (15% on the first $100 and $10 per $100 thereafter, not to exceed $35) I informed CTC prior to the repayment date of the loan that the debit would not go through, and had all debits blocked, so the NSF charge is B.S.!

Do I contact Hess Kennedy who most likely have made no contact with my pdl lenders yet, send them a wage revocation with my states law's via certified mail, or is it too late now. I'm really freaking out. I don't see how a Declaration of Wage Assignment can be legal if it is not personally signed in ink, and is just some typed out electronic signature. Also, there was no turning it over to a collection agency, no judgement for garnishment granted, etc., and as mentioned previously, they are not licensed in my state.

I need some help with this ASAP.

Thanks!

Posted: Tue Oct 17, 2006 9:21 am Subject:

They can't legally enforce that voluntary wage assignement most states only recognize a court ordered wage garnishment. I would notify CTC immediately that you are revoking the voluntary wage assignment effective immediately. The are famous for trying that. I would contact Hess Kennedy and send them a settlement letter yourself, and hit them with the letter multiple times a day. Chances are you company may just send that letter back to CTC,you also must let your company know that you are revoking that voluntary wage assignment just to protect yourself.

Posted: Tue Oct 17, 2006 9:51 am Subject:

Well, I looked it up and evidently our state allows Voluntary Wage Assignments. Can I revoke the voluntary wage assignment with both CTC and my employer after CTC have already sent the letter to payroll?

Nobody in my company has seen this letter because as I mentioned previously, I handle all incoming mail in my office, and CTC only have my local office address, they don't have the address to our head office where payroll is processed. Obviously I could just throw the letter away and that would be that, but I'm just concerned that CTC would do something further. They claim in their letter to "my payroll dept" that I am fully aware of what is owed according to the loan agreement, as well as the various reminder letters that were sent to me with the balance owing. They sent me NOTHING!!

Posted: Tue Oct 17, 2006 9:53 am Subject:

Revoke it immediately. Then give a copy of the revocation to your employer. It has to be signed in person and notorized.

Posted: Tue Oct 17, 2006 10:08 am Subject:

Okay, I just saw on this Declaration of Wage Assignment that it says, "I acknowledge this instrument as an absolute, irrevocable and unconditional assignment and sale of the said amount of my wages." It has my digital signature and someone has inserted a scrawled signature in the "Witness Signature" section. So, how can I revoke the wage assignment at this stage?

The top part of this document says that I acknowledge and assign "Northway Financial Corp. Ltd." the total sum owed, which includes the original loan amount, a $29 NSF service charge, Broker Fee and Loan Charge. Given that these "fees" are illegal in my state, can this fact possibly invalidate the wage assignment?

Sorry for all of the questions, I just want to cover all of my bases before I react.

Posted: Tue Oct 17, 2006 11:03 am Subject:

You can revoke it do to the digital signature. These voluntary wage assignments have to be signed in person.

Posted: Tue Oct 17, 2006 11:24 am Subject:

Tiffany

Keep in mind that digital signature are not valid in wage assignments. The signature must be put in person after agreeing to all the terms and conditions with the company. Go through this link. You will know more on this.

http://www.debtconsolidationcare.com/forums/wageassign-legal.html

Besides, this forum is full of such illegal things done by Sonic. I have never heard till now that anyone actually lost a legal case against Sonic. Sonic won't take the case to the court because they are into a number of federal and state violations. Send your revocation letter to cover yourself. Let your payroll know about this so that they don't allow the debits of CTC

Posted: Tue Oct 17, 2006 11:26 am Subject:

Yep, you're entirely correct. CTC included a "Most Frequently Asked Questions" page in the letter sent to my company, and they state that "the digital signature on the Voluntary Wage Assignment complies with the Electronic Signatures in Global and National Commerce Act or ESIGN. The act stipulates under Title 1, section 101 that any record or contract may not be denied legal effect solely because the signature is in electronic form." They list a website to refer to for more information or further clarification about this, http://uscode.house.gov/, which is not a valid website. Imagine that! I didn't realize that Sonic and Cash Transfer Centers were one in the same, and they're affiliates of Northway Financial Corporation Limited.

Anyway, I called Hess Kennedy and the lady I spoke to got some info., and said one of their negotiators was going to try and get CTC to settle for 40% of the amount they claim I owe. I don't have enough in my settlement acct. yet because I've only made 3 payments so far, but Hess Kennedy said that if CTC will settle, they'll cover the amt. I'm short, which is about $60, and get that back out of my next payment. I'm keeping my fingers crossed, as I've read from others on here that CTC/Sonic are terrible to work with.

In the meantime, my letter to revoke the voluntary wage assignment is on its way to CTC via certified mail, and I had it notarized.

Thanks Tammy & Steelers1 for your help. I am a bit calmer now.

Posted: Fri Oct 20, 2006 10:55 am Subject:

Okay, I called Hess Kennedy today to find out if they were successful in getting CTC to settle my pdl. They told me they would send me info regarding the proposal via mail. Not long after, I took a call at work from a British Columbia number, a Miss Martin asking to speak to someone in the payroll dept. I knew that it was CTC calling. As I mentioned before, our payroll is done in another state and CTC don't know this, which is why they mailed the Declaration of Wage Assignment here and also called here for the payroll dept. I just said the person who does payroll was out and I would take a msg. She said the call was being recorded, and asked that a call be returned by person who does payroll to 866-547-2603 and to use a certain ref. #, which is my loan number. She also said she was just calling regarding some documents she had sent and wanted to follow up on.

I have sent off the letter revoking my voluntary wage assingnment, but it hasn't been signed for yet. I'm hoping it will be received by Monday and I won't have to field calls again, as someone else in the office would have referred this lady to our head office if they had taken the call, which I definitely don't want to happen.

Posted: Fri Oct 20, 2006 12:02 pm Subject:

Tiffany,

If you have any issues with payroll on this, PLEASE pm me asap. I can help you resolve it...It sounds like it'll be ok, though.

JOJO26

I need help. I don't know what to do next. webpayday & cash Transfer centers keeps calling many times a day everyday. They call me a work at on my cell. I don't talk to them when they call my cell. When they call me at work. I state don't call me here and hang up.
I have currently paid $1218.00 DOLLARS on my $600.00 DOLLARS loan to Cash Transfer Centers.

I have paid a total of $1610.00 in a $500.00 to Webpayday.

I wrote a complaint the the BBB office and AG and both Cash Transfer Centers and webpayday did not reply. I don't know what is the next step. I'm in California.

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