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Posted: Mon Aug 13, 2007 9:53 am Subject: Husband left behind some bills for me
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I was so glad to know that I am not alone in this mess I have gotten myslef into due to my husband leaving me with bills. I had several payday loans out in North Carolina but have paid off a few. I am stuck with one from cashtransfercenters.com that I need to pay off. They told me they could garnish my wages and I am scared of that. I still owe a couple of payments on magnum cash advance but they have been a whole lot nicer to me. I thak you for this website. Some days it seems as though this debt will never end. It keeps me up at night and I try to keep calm.
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jkrajna
Joined: 13 Aug 2007
Posts: 6
Debtcc Points: 329
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Posted: Mon Aug 13, 2007 10:58 am Subject:
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Be aware that payday loans are illegal in North Carolina. The loan companies are doing an illegal business in your state. And by charging interests and fees on your account, they are violating more laws.
Cash Transfer Center is famous for threatening wage assignment. You need to immediately send a letter revoking their wage assignment and a copy to your payroll dept. You need to make them aware of your situation in advance before they allow CTC to debit your account. One more thing that you need to do is file complaints to the local AG's office and the BBB about their illegal business.
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Steg
Joined: 22 May 2006
Posts: 392
Debtcc Points: 5545
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Posted: Mon Aug 13, 2007 11:08 am Subject:
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jk...are these internet based loans or store fronts?? Can you please tell us how much the original loanw as for and how much they have taken so far??
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Morningstarr430
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Joined: 13 Jun 2007
Posts: 2336
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Posted: Mon Aug 13, 2007 11:25 am Subject:
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If your PDL's are store fronts they are more than likely legal. These PDL's will sue you if you do not pay them back. Approach them before the loan is due and work out payment arrangements with them. They will more than likely work with you. Remember only approach them with an amount that you can afford to pay each time you get paid. It worked wonderful for me and I am soon going to be PDL free!!!!!!!! Yeah.
Hang in there, things will get better. I had an ex that did the same thing that your husband did to you. You will survive this. Follow everyone's advice her as we have all been their
ladybug
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ladybug

Joined: 29 May 2007
Posts: 2760
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Posted: Mon Aug 13, 2007 12:16 pm Subject:
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It has to be internet if it is in NC.
Who do you have loans out with?
How much have you borrowed from each?
How much have you paid to each?
Payday loans are prohibited in the state of NC. That is where I am. All they can do is threaten you. You do need to write letters stating that you revoke your authorization for them to debit your account, any wage assignment you may have signed, for them to contact your employer or place of employment and your references. Also let them know that they are operating illegally in the state of NC and that payday loans are prohibited in the state. Take copies of these letters to your bank and have them block any debits from these companies, take copies of these letters to your HR/Payroll department so they are aware of what these people will try to do. File complaints with the Attorney General and make sure you include all paperwork that you have, including copies of these letters. Do not be afraid of these people. They cannot have you arrested or anything like that. The most they can do is call you all the time and make idle threats.
Please provide the information I asked for. You only need to pay back the principal that you borrowed, nothing more.
Hang in there!!!!
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2nband
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Joined: 30 Jan 2007
Posts: 2160
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Posted: Mon Aug 13, 2007 1:00 pm Subject:
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it doesn't matter if they are store front or internet. THEY ARE ILLEGAL IN NC. tell them that you will need a letter from the NC Attorney Genereal instructing you to pay them.
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Nini DC
Guest

Debtcc Points: 100
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Posted: Mon Aug 13, 2007 1:05 pm Subject: niniDC
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niniDC, please.......
Guest, you are not alone here. Yes, pdl's are illegal in your state. I can post the laws for you to see. If cash transfer centers is one of your pdl's, you need to IMMEDIATELY send them a letter via email/fax/USPS revoking any wage assignment you may have signed with them. They are notorious for pulling the old "wage assignment" trick and sending it to your employer. Please do this ASAP to cover yourself. You have to revoke it BEFORE they turn it in to your employer, so act quickly. Also, if you could list your pdl names, amount borrowed principle only and how much you've paid back, we can help you here!
| Quote: | Legal Status: Prohibited (N.C. Gen. Stat. § 53-281 authorizing payday loans allowed to sunset in 2001)
Citation:
The consumer finance act applies. N.C. Gen. Stat. § 53-173
Small Loan Rate Cap
36% per year
Where to Complain, Get Information:
Regulator: North Carolina Attorney General (See also Commissioner of Banks)
Address: NC Attorney General's Office 9001 Mail Service Center Raleigh NC 27699-9001
Phone: (919) 716-6400
http://www.ncdoj.com/default.jsp |
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cannr
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Joined: 07 Jun 2007
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Posted: Mon Aug 13, 2007 1:39 pm Subject:
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Oh and you might add in your letter that you will only communicate via email or USPS. This way you will have a record of everything that transpired between you and the payday loan people.
As Cannr said, get these out as quickly as possible and get to your bank and your employer as soon as possible. The sooner the better. Send these letters via email or USPS certified mail with return receipt. Do not waste any time. I do think that NC is a nongarnishment state except for taxes. Not 100% sure but I think so.
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2nband
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Posted: Tue Aug 14, 2007 7:25 am Subject:
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I will send out a letter to them. I am afriad to send it to my employer for I do not want to get fired. I am a teacher. My bank said that even if I close my account, they are still liable to pay them. I bank with Bank of America. I took out a $1500 advance with them and they said I owe them $1963. They debit two debits from my checking account for $981.50 each using Northway Debit. Is wage garnishment illegal except for taxes and child support? Yes, this was an internet loan.
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jkrajna
Joined: 13 Aug 2007
Posts: 6
Debtcc Points: 329
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Posted: Tue Aug 14, 2007 8:36 am Subject:
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Yes, but you want to make sure in your letters that you revoke any wage assignment that you may have signed. Also, I do not know who you talked to at your bank, but I would keep pushing them to put a hard block on your account. If you don't get a satsifactory answer from one person, ask to speak to their supervisor, and if nothing there, keep going. Sooner or later someone is going to listen to you.
As far as your employer goes, don't be afraid. We all make mistakes and stuff happens and we think we are helping ourselves when we really aren't. You might be surprised as to how understanding they may be. Don't just send it to them, make sure you talk to your employer in person. You might also want to talk to your employer about getting a paper check instead of direct deposit, if that is what you are getting. Did you take copies of the letters to your bank showing that you have revoked authorization for them to debit your account?
Make sure you get those complaints filed also. Like I said, payday loans are prohibited here in the state of NC. I had 6 payday loans when I came here the end of January. It is scarey to have to go through this, but when I found out that they were illegal here, I made sure that I quoted the laws to these people (pdls) and hounded them about marking my accounts PIF, etc. Yes I did get some phone calls, but I armed myself with the knowledge of knowing there was nothing they could do to me and that all their threats meant nothing. I even let them know that it was not going to matter what they said about them not operating in the state of NC because they were. The loaned money to me, and I am the state of NC, they were taking money from my account, that is in the state of NC, they were contacting me, again, in NC, so they were doing business in NC. Stand strong, don't be afraid and have the comfort of knowing that you are in the right. But please do not procrastinate about the letters or the complaints and about your check.
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2nband
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Posted: Tue Aug 14, 2007 10:51 am Subject:
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I have already faxed over to the pdl a copy of the letter about revoking wage assignment. I am afraid to contact my employer on the grounds they may fire me. I have requested a paper check. I am overdrawn on my checking account, so can I close that account? I will call my bank and ask them to put a stop on any northway debit transactions. What exactly should I ask my bank to do? Does my employer have to notify me of any garnishments that may be coming out of my account? Could my employer tell me that they are still going to garnish my check, if so how much could they garnish it for? I thought I read somewhere that if they do too many garnishments, that they have grounds to fire you. The ladies in payroll just have so much to do that I don't want to bother them.
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Guest

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Posted: Tue Aug 14, 2007 11:32 am Subject:
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The bank won't usually close the account if it is in the red. But they should be able to do a block. Tell them that this company is fraudulantly debiting your account, and you want your account to be on deposit only, an ach block, a hard hold, a freeze, or a debit block.
You don't have to tell your employer anything yet. If the pdl tries to put through the wage assignment, then would be the time to show your employer the letter.
Garnishments are different from wage assignments. For garnishments you are notified, but with wage assignments they are voluntary, so it can be assumed that you already know about it. But most HR depts will notify you first. It just isn't law.
Garnishments are done according to state law. Normally it's about 25% of your check. But wage assignments are different. They can be for any amount.
I'm not sure about being fired for too many garnishments. Anyone know? I would think no, but then the company could claim that so many garnishments shows a certain irresponsibility and they don't want someone like that working there. On the other hand, people make mistakes, and there are many financial situations beyond our control. You shouldn't be punished for that.
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goudah2424
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Posted: Thu Aug 16, 2007 6:00 am Subject:
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I talked with the pdl yesterday and they said they received a copy of the letter that I faxed over and they said they will honor it. My letter stated that I revoked my voluntary wage assignment and not to contact my employer and not to contact my references. They said by law they need one phone number to contat me at ans if they could contact me at home. I said yes. They haven't been rude to me, I just don't want my employer to know. I also saw something else that it said a wage assignment couldn't be attached to anyone employed by the state or by a school district. Anyone know? Should I ask my payroll to notify me if anyone does a wage assignment just in casual? Not going into all of the details?
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jkrajna
Joined: 13 Aug 2007
Posts: 6
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Posted: Thu Aug 16, 2007 7:32 am Subject:
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If you want to you could do that . . . . I've seen similar laws in a few states about state employees and wage assignments. So that may very well be the case.
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goudah2424
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Posted: Thu Aug 16, 2007 9:47 am Subject:
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I may just ask payroll to just notify me in case of any wage garnishments/assignments because I still do owe tax on my house and it may be the case that that gets garnished then if I have to, I will go into more detils.
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Guest

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Posted: Thu Aug 16, 2007 3:33 pm Subject:
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Glad to hear that they are going to honor your request to close your account. Please make sure you get your PIF in writing. Can I ask why they needed a phone number to contact you if they were going to honor your request?
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2nband
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