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Sub: #49
Replied on 03-02-2009, 03:36 PM
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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!



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Sub: #50
Replied on 03-02-2009, 04:26 PM
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Did you ever get served court papers?

How do you know a judgement has been made?

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Sub: #51
Replied on 03-02-2009, 04:48 PM
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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.



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Sub: #52
Replied on 03-02-2009, 04:52 PM
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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.

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Sub: #53
Replied on 03-02-2009, 04:58 PM
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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.



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Sub: #54
Replied on 03-02-2009, 05:04 PM
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Judgements are public record. I would go to the court site and find your judgement and see exactly what it states.

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Sub: #55
Replied on 03-02-2009, 08:18 PM
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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.

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Sub: #56
Replied on 03-03-2009, 09:02 AM
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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.

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Sub: #57
Replied on 03-03-2009, 07:07 PM
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Worthless POS...run along

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Sub: #58
Replied on 03-03-2009, 07:15 PM
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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.

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Sub: #59
Replied on 03-23-2009, 01:55 PM
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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?



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Sub: #60
Replied on 03-23-2009, 03:06 PM
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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!

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Sub: #61
Replied on 03-23-2009, 03:23 PM
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I did not receive any papers from my employer? How do I invoke a wage assignment?



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Sub: #62
Replied on 03-23-2009, 03:25 PM
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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.

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Sub: #63
Replied on 03-23-2009, 04:04 PM
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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.

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Sub: #64
Replied on 03-23-2009, 04:05 PM
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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.




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