Navigation
  #49  
Old 03-02-2009, 03:36 PM
rthomas rthomas is offline
Junior Member
 
Join Date: Jul 2008
Posts: 34
Credits: 392
Default

Can someone tell me if Avantis Financial can sue me for an unpaid loan? I am in California. Apparrently they have a civil judgement against me and are trying to get my payroll department to garnish my wages. I will admit I owe them the money, but with everything going on I was not able to pay them back in time. Please help!
Reply With Quote Quick reply to this message
  #50  
Old 03-02-2009, 04:26 PM
nohiogal's Avatar
nohiogal nohiogal is offline
Senior Member
 
Join Date: Nov 2008
Posts: 2,633
Credits: 10,239
Default

Did you ever get served court papers?

How do you know a judgement has been made?
__________________
To infinity, and beyond
Reply With Quote Quick reply to this message
  #51  
Old 03-02-2009, 04:48 PM
rthomas rthomas is offline
Junior Member
 
Join Date: Jul 2008
Posts: 34
Credits: 392
Default

Avantis sent some papers to my old address. I did not receive them until after they said they were taking me to court and I had to show up in S. Dakota by a certain date.
Reply With Quote Quick reply to this message
  #52  
Old 03-02-2009, 04:52 PM
nohiogal's Avatar
nohiogal nohiogal is offline
Senior Member
 
Join Date: Nov 2008
Posts: 2,633
Credits: 10,239
Default

The court sends papers, not the collection agency. Did you get something from court?

For them to get a judgement they need to file a case in civil court that is heard by a judge. The judge sets the judgement not the collection agency.
__________________
To infinity, and beyond
Reply With Quote Quick reply to this message
  #53  
Old 03-02-2009, 04:58 PM
rthomas rthomas is offline
Junior Member
 
Join Date: Jul 2008
Posts: 34
Credits: 392
Default

no everything came from Avantis Financial. The only reaseon I know they sued me was I pulled my credit report and there is a civil judgement on my credit report from Avantis financial.
Reply With Quote Quick reply to this message
  #54  
Old 03-02-2009, 05:04 PM
nohiogal's Avatar
nohiogal nohiogal is offline
Senior Member
 
Join Date: Nov 2008
Posts: 2,633
Credits: 10,239
Default

Judgements are public record. I would go to the court site and find your judgement and see exactly what it states.
__________________
To infinity, and beyond
Reply With Quote Quick reply to this message
  #55  
Old 03-02-2009, 08:18 PM
kscornell kscornell is offline
Moderator
 
Join Date: Jul 2006
Location: California
Posts: 3,908
Credits: 35,251
Default

I am also in California and know that for a judgement to be legal, you have to be served by a process server at least 30 days before your court date.
It would also behoove you to contact a lawyer to see if papers were actually filed against you in South Dakota, would they be legal, since you are not a resident of the state. Also, was this an internet loan--and btw, I have checked the Ca.gov website and they aren't even licensed in California! This is an illegal loan and they can't do anything.
Reply With Quote Quick reply to this message
  #56  
Old 03-03-2009, 09:02 AM
Anonymous
Guest
 
Posts: n/a
Credits: 0 [Check]
Default

The letters they sent were certified mail, not by a processor. I will have to contact the court and find out what is going on.
Reply With Quote Quick reply to this message
  #57  
Old 03-03-2009, 07:07 PM
Anonymous
Guest
 
Posts: n/a
Credits: 0 [Check]
Default

Worthless POS...run along
Reply With Quote Quick reply to this message
  #58  
Old 03-03-2009, 07:15 PM
Anonymous
Guest
 
Posts: n/a
Credits: 0 [Check]
Default

Go to hell "Guest" who are you to judge people here? I bet you must be a Payday Loan employee and is coming to the realization that you are about to loose your rip off job.

I want to cuss you out so badly but this is not the site for it.
Reply With Quote Quick reply to this message
  #59  
Old 03-23-2009, 01:55 PM
rthomas rthomas is offline
Junior Member
 
Join Date: Jul 2008
Posts: 34
Credits: 392
Default

I finally checked the court records in the county where I live and they do not have any records of Avantis filing a small claim against me. what shoudl I do now, as my employer is garnishing my wages?
Reply With Quote Quick reply to this message
  #60  
Old 03-23-2009, 03:06 PM
nohiogal's Avatar
nohiogal nohiogal is offline
Senior Member
 
Join Date: Nov 2008
Posts: 2,633
Credits: 10,239
Default

I would place a wage revocation statement at work.

Did you get any papers from your employer? If your work got legal garnishement papers they have to supply you a copy before they garnish.

They can not legally garnish without a court order but they can invoke a wage assignment. Revoke that ASAP!
__________________
To infinity, and beyond
Reply With Quote Quick reply to this message
  #61  
Old 03-23-2009, 03:23 PM
Anonymous
Guest
 
Posts: n/a
Credits: 0 [Check]
Default

I did not receive any papers from my employer? How do I invoke a wage assignment?
Reply With Quote Quick reply to this message
  #62  
Old 03-23-2009, 03:25 PM
nohiogal's Avatar
nohiogal nohiogal is offline
Senior Member
 
Join Date: Nov 2008
Posts: 2,633
Credits: 10,239
Default

Go here and scroll down to the 13th post. There is a letter and in the body of the letter is the revocation statement. It is only two sentences and it is all you need.

Create the letter to match your information and sign and date it and get it to payroll/HR.
__________________
To infinity, and beyond
Reply With Quote Quick reply to this message
  #63  
Old 03-23-2009, 04:04 PM
Anonymous
Guest
 
Posts: n/a
Credits: 0 [Check]
Default

Can I still send the letter even though my employer is already taking money out of my paycheck? They have taken out $300 so far.
Reply With Quote Quick reply to this message
  #64  
Old 03-23-2009, 04:05 PM
Anonymous
Guest
 
Posts: n/a
Credits: 0 [Check]
Default

Can I send this letter to my employer even if they are already taking money out of my paycheck? They have taken out $300 so far.
Reply With Quote Quick reply to this message
Reply

Quick Reply
Name:
Message:
Remove Text Formatting
Bold
Italic
Underline

Insert Image
Wrap [QUOTE] tags around selected text
 
Decrease Size
Increase Size
Options

Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes

Posting Rules
You may post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT -8. The time now is 12:49 AM.




About Us | Contact Us | Affiliate | Sitemap | Espanol | RSS Feeds| Terms of Services Navigation