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Posted: Sat Jul 19, 2008 10:02 pm Subject: Avantis Financial

My husband received a letter from Avantis Financial from the "Office of the President" informing him that they had contacted his employer asking to invoke a voluntary wage assignment for him. It said that the employer refused and demanded a court order for garnishment. The letter went on to say that they would be filing suit and them would forward the paperwork to his employer. I have my doubts as to whether they've actually contacted his employer but even more doubts that they will file any lawsuit because I don't believe they are licensed in Ohio where we live. Also interesting is that we send them a C&D letter, but yet they admit to contacting my husband's employer. Is this a scare tactic? I just told my husband to call them and tell them he's paying just the principle of the loan and no more. Anybody else ever dealt with Avantis?

Posted: Sat Jul 19, 2008 11:16 pm Subject:

I didn't know that a company or CA could ask someone's employer to invoke a voluntary wage assignment. I have never dealt with them myself, but it does sound typical of an company that is doing something shady. You send the C&D letter, yet they do what the letter asks them not to...obviously they don't know the law and don't pay attention to letters from customers. Dumb as*ses

Guest · Posted: Mon Jul 21, 2008 9:42 am Subject:

I have dealt with Avantis Financial before and they sent my employer a wage assignment. However, my employer also refused. At that point Avantis said that if I didnt pay off the full amount they would file suit. After going back and forth with them I ended up on a payment plan, and I'm happy to say that I'm almost finished with them.

Has your husband considered talking to them to set up arrangements?

Posted: Mon Jul 21, 2008 10:36 am Subject:

Do you know if they actually sent the wage assignment or did they just tell you they did and your employer refused? I wondered if that was part of the scare tactic. My husband is going to call them and see if he can split up the balance over his next two pays. Hopefully that will work.

Guest · Posted: Tue Jul 22, 2008 7:46 am Subject:

Yes, they sent the wage assignment to my employer. My employer called me and informed me that they received a wage assignment from Avantis.

They were difficult to work with at first regarding arrangements, but finally they agreed.

Good Luck!

Posted: Tue Jul 22, 2008 9:46 am Subject:

Ok a "Wage Assignment" is totally VOLUNTARY. It can be revoked at any time by yourself. Teresa all you need to do is type up a letter revoking any and all wage assignments to Advantis. Also a garnishment of wages has to be court ordered, unless it is administartive garnishment. Administartive garnishment is usually pertaining to Federal debts i.e. Student loans, Military debt, etc.. See these links below:

http://www.dfas.mil/militarypay/debt/collectionagencies.html

http://www.ed.gov/offices/OSFAP/DCS/awg.html

A PDL can file a suit against you LEGAL or ILLEGAL unfortunatelly. If the PDL is ILLEGAL they can POSSIBLY get a default judgement by the court to garnish your wages if you are unaware. This has happened in the past, but it is very RARE.

If the PDL is legal they can file a civil suit against you as well and get a judgment to garnish your wages. This will be more difficult to avoid being that they are a LEGAL and licensed company Sad

Most people try to resolve the matter between the PDL before it even goes this route. Do as the guest says and try an work out payment arrangements with the PDL first by sending proposal letters, etc..

Now with all that being said. The state of CA prohibits criminal action by PDLs and they also require a PDL to be licensed to do business with its residents. So if Advantis is not licensed in your state they are blowing alot of hot air. Please ensure that Advantis Financial is not leagaly licensed in your state. I am not familiar with this company so others will be along to help on that. Good Luck Razz

Here is a link to CA PDL Licensee database:

http://www.corp.ca.gov/FSD/licensees/default.asp

Posted: Tue Jul 22, 2008 9:54 am Subject:

We had already sent a letter revoking the wage assignment, and they just ignored it. Essentially, it looks like as soon as they got that letter they tried to get the wage assignment through my husband's employer. We did talk to them yesterday, and they insisted that they didn't have to have a license in Ohio, just in South Dakota where they are at. I don't think the lady knew how to deal with me since I was basically refusing to pay what they were asking. I kept telling her I was only willing to pay what Ohio law states. She had to get approval from a supervisor and finally agreed to let us make 2 payments to pay the balance.

Posted: Tue Jul 22, 2008 10:01 am Subject:

That is common for them to try the wage assignment anywayz. That is why we suggest giving a copy of that to your HR department. So after all the huff and puff they finally agreed. Sometimes it just takes a little persistence, but eventually they fold Wink

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