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 Posted: Wed Sep 03, 2008 8:50 am Subject: payroll notifcation |
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I could use some advice on what steps I should take. I revoked Paydayavenue's authorization to garnish my wages and notified the responsible person in my company's payroll department. Today I received notifcation from payroll that they have received the garnishment from paydayavenue and if I do not provide my company a letter of full release from paydayavenue by Monday, they will take the garnishment out of my paycheck. Obviously, I am not going to get a release from paydayavenue.
What can I do to stop my company from deducting this garnishment? I corresponded with the person in payroll at the beginning of July letting them know that it was a voluntary authorization that I had revoked and that they may see something come through, and now it has finally hit.
As I only have 3 working days left to respond to my employer, I would appreciate any advice. Thanks!
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jaylie
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| Posted: Wed Sep 03, 2008 8:52 am Subject: |
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Garnishments are court ordered. You cannot revoke a garnishment.
Are you talking about a garnishment or a wage assignment?
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goudah2424
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| Posted: Wed Sep 03, 2008 8:54 am Subject: |
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It's a wage assignment from paydayavenue, on their letterhead, sorry. Nothing has been ordered against me.
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jaylie
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| Posted: Wed Sep 03, 2008 8:55 am Subject: |
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What state are you in?
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goudah2424
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| Posted: Wed Sep 03, 2008 8:55 am Subject: |
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Ohio
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jaylie
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| Posted: Wed Sep 03, 2008 9:06 am Subject: |
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| Quote: | 1321.31 Assignment of personal earnings - limitations - priority.
No assignment of, or order for, wages or salary is valid unless made in writing by the person by whom the said wages or salary are earned and no assignment of, or order for, wages or salary made by a married person is valid unless the written consent of the husband or wife of the person making such assignment or order is attached to such assignment or order. No assignment of or order for, wages or salary of a minor is valid unless the written consent of a parent or the guardian of such minor is attached to such order or assignment. No assignment of, or order for, wages or salary is valid for more than twenty-five per cent of the earnings, wages, or salary of any married person. No such assignment is valid for more than fifty per cent of the earnings, wages, or salary of any unmarried person.
Assignments of wages have priority as to each other from the time they are filed with the employer of the assignor, and the balance due any married person after twenty-five per cent has been so assigned, or due any unmarried person after fifty per cent has been so assigned is not subject to further assignment.
Effective Date: 10-01-1953
1321.32 Assignment of wages invalid - exception.
Notwithstanding section 1321.31 of the Revised Code, no assignment of, or order for wages or salary is valid unless the wages assigned or ordered are to be paid for the support of the employee’s spouse or minor child in complying with an order of a court of record for the support of the employee’s spouse or minor child. This section does not affect or invalidate any contract or agreement between employers and their employees, or as between employers, employees, and any labor union as to any checkoff on the wages of such employees as may be agreed upon. This section and section 4113.16 of the Revised Code shall not affect or invalidate any deduction from the wages or salary made in accordance with a payroll deduction plan agreed upon between the employer and employee provided that the same be revocable at any time by the employee upon notice to the employer up to the time of payment thereof.
Effective Date: 10-16-1959 |
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goudah2424
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| Posted: Wed Sep 03, 2008 9:06 am Subject: |
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Call your state DFI, and tell them your employer is about to put through a revoked, illegal wage assignment.
Your employer may be liable for any money given to them.
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goudah2424
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Shazzers
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| Posted: Wed Sep 03, 2008 9:14 am Subject: |
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Thank you. I will get on this right away!
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jaylie
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| Posted: Wed Sep 03, 2008 10:10 am Subject: |
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I contacted Ohio DFI and was told that since the company operated in Canada, not the US, there was nothing they could do for me.
Any other advice?
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jaylie
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| Posted: Wed Sep 03, 2008 9:43 pm Subject: |
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I was not aware that Paydayavenue operated in Canada!!!
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mlm1947
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| Posted: Thu Sep 04, 2008 7:42 am Subject: |
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Theie mailing address is Surrey, BC
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jaylie
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| Posted: Thu Sep 04, 2008 8:11 am Subject: |
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Please ensure your employer knows the difference between a "wage garnishment" and a "wage assignment". Have you expalined the whole situation to your supervisor informing them of what is goin on? Like others stated you can revoke a "wage assignment" at any time! So your employers will be at major fault for going through with this IF you have revoked it with them in the past. I hope everything works out for you 
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anyaroberts
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| Posted: Thu Sep 04, 2008 8:44 am Subject: |
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I'm really surprised your employer doesn't understand the difference between garnishment and wage assignment, they are setting them self up for problems in the near future. If this company isn't even in the states then they are NOT lending legally, therefore, the entire wage assignment is totally illegal. If I were you, I would print off the laws about wage assignment verses garnishment, and plop it down on the desk of the person who is responsible for allowing this illegal attachment to go through, I would then make it known that they will be responsible for reimbursement if they do not follow the law. This just amazes me. 
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Shazzers
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| Posted: Thu Sep 04, 2008 8:57 am Subject: |
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I am surprised also, we are a huge Fortune 300 company. I've been pouring over information to send to the payroll contact, but I've been trying to find information on what she should in turn reply to paydayavenue. If she doesn't know the difference between a assignment and a garnishment, I'm sure she isn't going to know how to respond other than paying them.
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jaylie
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