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allnaturalwoman4u

I've been reading some of the postings in this forum and the information is very helpful. I recently received a payday loan from All credit lenders in Waukegan, IL, I defaulted on the loan not because I didn't want to pay them but because I couldn't. In any event, they have sent me an intent to assign wages. I have checked with the agency that handles my companies garnishments and as of this date, they have not received any such notice. I have read that I an send a letter to the credit and my employer revoking the wage assignment.

My question is:

Has anyone had any experiences with All credit lenders? if so, what was the outcome?

Also, how long does it normally take to get a court order for a garnishment and do I have to go to court?

Thanks in advance for any informaton.

Posted: Tue Jun 12, 2007 6:52 pm Subject:

Wage assignments are different from garnishments. They are not a court order, they are a voluntary wage deduction. You can revoke this simply by sending the creditor a letter stating "I herby revoke any and all wage assignments I may have signed with XX Company." The company doesn't have to go to court to do this, as you've already agreed to it in the contract.

A garnishment needs a court order.

allnaturalwoman4u · Posted: Tue Jun 12, 2007 8:15 pm Subject: reply

I just mailed a certified copy of a revocation letter to the company in question. I also sent same letter to my payroll department. Do you know how much time this will buy me? I do plan to pay these people off by August of this year? thanks.

Posted: Tue Jun 12, 2007 8:20 pm Subject:

If this is an internet payday loan, as long as your payroll dept knows of the situation, then you are fine. They will probably not take you to court as these companies are operating illegally and could never stand up under court scrutiny

Posted: Tue Jun 12, 2007 8:23 pm Subject:

Yeah, if they are unlicensed and operating illegally in your state, then they won't take you to court.

You should be fine paying them off in August . . . . Just be sure to pay only what you legally owe them.

Is this an internet pdl? Because if it is a storefront, then your best bet would be to make some sort of payment arrangements with them. They can and will sue to collect.

allnaturalwoman4u · Posted: Tue Jun 12, 2007 8:26 pm Subject: reply

No, this is not an internet company, this is an actual local pay day loan company. I tried making payment arrangements last week and they told me NO and hung up. I called back today and the same thing, so I guess I wait until they received my revocation and try to set up arrangements once again, correct?

allnaturalwoman4u · Posted: Tue Jun 12, 2007 8:30 pm Subject: license

Also, How do I find out if they are licensed in my state?

Posted: Tue Jun 12, 2007 8:43 pm Subject:

Contact your Attorney General and they can tell you but if they are a storefront lender, they are liscensed and they are bound by your state laws. I assume that since this company is in IL you are too so here are the laws they are bound by:

Wow!!! · Posted: Tue Jun 12, 2007 8:49 pm Subject:

I have been online searching for all the information I can find and your forum is absoutely awesome!!!!!

I assume they are licensed by the state as well otherwise someone would have shut them down by now. I will call the Attorney Generals office right now to double check. I appreciate all the help you guys have offered.

One last question: payroll has already recieved my request and the creditor should receive my revocation letter in about 2 business days, if they should decide to sue, how long does this process take? and what exactly will I be sue for? Do you think the creditor will be more willing to work a payment plan out once they have received my letter?

Posted: Tue Jun 12, 2007 9:19 pm Subject:

As far as the court process, it depends on your area. Where I live you receive a summons. You then have 3 options - Pay in full, request a hearing, or request a jury trial. You must do this within 14 days of receiving the summons or else a default judegement is entered against you.

If you request a hearing, it is scheduled for 4 to 8 weeks out. At the hearing, you are required to go into mediation, where payment plans can be worked out. If a plan can't be reached, you go before the judge and he decides. If you stick to your payment plan, a judgement never shows up on your credit report, but if you default on that a judgement is automatically entered. Then the creditor can file to have your wages garnished.

This is just in my county . . . . It's probably similar in yours, but you could check with your court to be sure.

It depends on the company if they want to make arrangements. Some are just plain mean and will sue at the drop of a dime, while some will bend over backwards working with you to get the debt cleared up.

Posted: Wed Jun 13, 2007 2:05 am Subject: Thanks

For all your help, it sounds like I have some time to come up with the money in full and get rid of these characters for good.

Ok, I lied!!! · Posted: Wed Jun 13, 2007 8:12 pm Subject: Question

What should the demand for wages for the state of Illinois look like? and, do the creditors have to take me to court to get an actual demand? thanks.

allnaturalwoman4u · Posted: Wed Jun 13, 2007 8:23 pm Subject: cont

I know an intent to assign wages and an actual wage garnishment are two different things. From what I've read in here, wage assignments are volenterialy signed by the borrower and an acutal demand for wages need a court order correct? What does the acutal demand look like, does anyone have an example? Thanks in advance.

Posted: Wed Jun 13, 2007 8:30 pm Subject:

I would think it would be different for every county . . . . It would depend on the courts. You may be able to look on your courts website and they may have examples . . . . Or if you receive one and want to check it's validity, call the court.

allnaturalwoman4u · Posted: Thu Jun 14, 2007 12:57 pm Subject: DRAMA

Well, all of your advice worked. I just received a a NASTY phone call from this creditor. She said "Tia, I hope you have a good lawyer because by the time I finish with you, your gonna owe about three grand."

I immediately hung up the phone because first, I do not discuss personal matters of this nature at work. Well, she called me back and I didn't answer nor did she leave a message.

I assume she is going to petition the court and sue me. After I get off work, I am going to call the corporate office for this creditor to lodge a complaint because this is the same lady that refused to talk to me and work out a payment plan prior to me sending the letter to revoke the wage assignment.

Anyone have any advice on how to handle this situtation now?

allnaturalwoman4u · Posted: Thu Jun 14, 2007 1:19 pm Subject: more

Can this creditor still sue me if I send them another letter indicating that I have every intention of paying this bad debit and that unfortunately,I can not pay everything at once. To show good faith, I can send them a check for $100 per week until the debit is paid, will this keep them from taking this matter to court? I always thought, creditiors can't sue if your making payments?

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