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Send message to alias1958
Sub: #17
Replied on 07-27-2008, 01:36 PM
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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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Sub: #18
Replied on 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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Sub: #19
Replied on 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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Sub: #20
Replied on 02-19-2009, 06:06 AM
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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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Send message to paulmergel
Sub: #21 reply
Replied on 02-19-2009, 06:10 AM
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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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Send message to DebtCruncher
Sub: #22
Replied on 02-19-2009, 08:48 PM
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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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Sub: #23
Replied on 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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Sub: #24
Replied on 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....

Dontthink so
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Sub: #25
Replied on 05-11-2010, 03:40 PM
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Quote:
Originally Posted by volleyballmom View Post
Wage Assignments are voluntary and are not executed through a court judgement like a garnishment..the HR Dept can choose to refuse to honor it whether someone revokes it or not...Of course, the earliest communication with HR is the best way to go but as far as I know there isnt a hard and fast rule about HR having to have your revokation letter before the PDl sends the wage assignment. Its up to HR how they would want to handle.
Unless the wage assigment is revoked by the debtor, the employee has to honor it. If HR ignores they are subject to penalties and fees.

brownan
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Sub: #26
Replied on 12-10-2010, 12:56 PM
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I live in Illinois & want to do a wage revocation for The Cash Store. Do I have to have this letter notarized?




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Send message to Shazzers
Sub: #27
Replied on 12-10-2010, 01:03 PM
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Quote:
I live in Illinois & want to do a wage revocation for The Cash Store. Do I have to have this letter notarized?
No, but make sure you send it certified, return receipt requested.


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Sub: #28
Replied on 05-04-2011, 04:48 PM
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I live in CA were wage assignments are not legal but my employers payroll is in Atlanta and they are enforcing the wage assignment. I told I revoked it and gave them a copy of reciept of sending the revocation letter and they said they have to continue taking the money out until Flobridge tells them the order has been revoked. I told payroll that makes no sense and they said they are legally obligated to per our legal dept. So what gives?




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