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  #17  
Old 07-27-2008, 01:36 PM
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alias1958 alias1958 is offline
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Yes, I think you can revoke a wage assignment from a store in your state. Someone correct me if I'm wrong.

I've never heard of any states that don't allow revocation of a VOLUNTARY wage assignment. Many don't allow them at all, but I don't know of any that prohibit revocation.

Following is the address to find info regarding the FTC rule:

www(dot)ftc.gov/bcp/conline/pubs/buspubs/complcred.shtm

This is taken from their website:

The Rule covers all consumer credit transactions, except those involving the purchase of real estate.

A state may petition the Commission at any time for a state-wide exemption from any of the Rule's provisions, as noted under 16 C.F.R. Section 444.5 of the Rule.

It doesn't sound to me like a state would be able to have its own laws unless those laws afforded MORE protection to the consumer--not less.
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  #18  
Old 02-18-2009, 12:40 PM
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In IL an employer MUST withhold unless the employee is able to submit an Affidavit of Defense. The employer does NOT have a choice in IL.
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  #19  
Old 02-19-2009, 06:03 AM
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Also, read Illinois Payday Loan Reform Act of 2005. By Illinois law, you are allowed to enter a payment plan, interest free, if you are 35 days behind...it is the law!
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  #20  
Old 02-19-2009, 06:06 AM
mistyblue901 mistyblue901 is offline
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I wrote the message above. I forgot to log in. I wanted to add that if you are having problems entering into an affordable plan, call the Illinois Division of Financial Institution.
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Pardon me while I express myself. Where is OUR bailout? The Govt. is paying companies with taxpayers money to help keep them afloat. We, the people, ask for an affordable plan for us to repay our debts without the high interest rates and fees. But no-one wants to help, they just want to take more. So again, I asked where is our bailout?
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  #21  
Old 02-19-2009, 06:10 AM
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paulmergel paulmergel is offline
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buca,if a WAGE ASSIGNMENT EVOCATION letter is submitted to the HR or payroll person and the creditor.then a court order is required to garnish.i'm in IL so i know this because i submitted such a form to my former employer,and they got the court order.
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  #22  
Old 02-19-2009, 08:48 PM
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DebtCruncher DebtCruncher is offline
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Quote:
Originally Posted by Buca
In IL an employer MUST withhold unless the employee is able to submit an Affidavit of Defense. The employer does NOT have a choice in IL.
"Legally", the IL Wage Assignment Act only provides exemptions for public employees:
Quote:
Originally Posted by 740 ILCS 170/9
(740 ILCS 170/9) (from Ch. 48, par. 39.10)
Sec. 9. All wages, salary amounts or other compensation paid by the State, any unit of local government or school district to any of its employees are exempt and not subject to collection under a wage assignment.
(Source: P.A. 79‑502.)
It does not provide any sort of exemptions for the private sector. And so technically, what Buca said is true.

However, there is no means of enforcement nor any penalties for an employer who does not honor a wage assignment. Nothing is going to happen to an employer who refuses. (Unless, of course, it is court-ordered; then creditor can get a judgment against the employer).

I have a whole database full of employers in this state who won't honor wage assignments. Some lenders won't approve loans for people who work for those employers.
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  #23  
Old 03-11-2009, 08:03 PM
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I don't know which Advance America in IL, you have a loan with but they ARE WRONG. You can revoke your wage assignment at any time. I can't tell you how I know this, I just do.
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  #24  
Old 07-22-2009, 01:27 PM
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I took out a payday loan and have not paid them back due to some major set backs, today my employer handed me a Notice of Intent to Assign wages and says that i can prevent it by filling out a Notice of Defense not sure what that is or how to fill it out can someone help me....
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