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Can online payday loan companies garnish your paycheck?

 
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PostPosted: Thu Jul 19, 2007 7:16 am Subject: Can online payday loan companies garnish your paycheck?

Can online payday loan companies garnish your paycheck. I have 7 outstanding and want to get out of them and the only way is to close my account, call them and set up payment arrangements.They say that if you signed you are bound by the laws in their state. They don't say they will garnish my check but I was wondering if they would. Please let me know what I can do.
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PostPosted: Thu Jul 19, 2007 10:01 am Subject:
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jazzy - you've come to the right place for help! Many of us have been in your shoes, you are not alone.

If you can provide us a list of the PDL companies you are dealing with, what state you live in, how much you borrowed from each, and how much you have repaid to each one, we can help you work out a repayment plan to get out of this situation.

To answer your question, internet payday lenders most generally cannot pursue you legally for defaulting unless they are licensed to do business in YOUR state. There are a couple of states (PA is one of them) where the law has a loophole in it that allows out of state lenders to lend into the state, but that's not the case everywhere.

The only way they can garnish your wages is if you signed a wage assignment agreement. However, to be safe, you are best to send them a letter, via certified mail, return receipt requested, stating that you are revoking their ACH authorization to debit your bank account, and that you are also revoking any and all wage assignment agreements they may have with you. Also state in your letter that you will not communicate in any manner other than in writing, and that they are to cease calling your home and your work.

Closing your bank account may be the only way to stop them from debiting your account. Talk to your bank first, however, and find out what their policy is on ACH debits - see if there is any other way to block these companies PERMANENTLY from debiting your account, so you can work out payment arrangements with them and regain control of your money.

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PostPosted: Fri Jul 20, 2007 5:55 pm Subject:

The good news about Pa, though, is that they are a non-garn state for consumer debts!! Very Happy

Sue's advice is golden..One thing a lot of people don't know, however..It is more important to have your HR dept have a copy of the letter than the PDL..In fact, you don't even REALLY have to send the PDL company a copy at all! (Do it anyway!) Even though wage assignments are indeed legal, it is always your right to revoke them.

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PostPosted: Fri Jul 20, 2007 6:02 pm Subject:

Yeah even if you revoke it with the company, they will try to use it anyway so make sure you send a copy and revoke it with your payroll department FIRST!!! Smile
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PostPosted: Wed Jul 25, 2007 11:27 am Subject: Wage Assignment

How do you know if they have a wage assignment? I live in NC and I was wondering if your check can be garnished in NC for an unsecured loan from these online payday companies. I know when NC had store fronts they couldn't.
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PostPosted: Wed Jul 25, 2007 6:01 pm Subject:

Tell us what companies you are dealing with, and more than likely we can tell you if they use wage assignments. If you are dealing with Sonic Cash or Payday Avenue, they use them religiously.
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PostPosted: Thu Jul 26, 2007 6:21 am Subject: Wage assignment

I the names and need desperately to know if they have wage assignments.
United Cashloans
Web payday
quickest cash advance loan-MTE
One click cash
ameriloan
Magnum Cash advance
Nationwide cash

Please let me know

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PostPosted: Thu Jul 26, 2007 7:27 am Subject:

In NC they cannot do anything without a court order. Do send these companies a letter stating that you REVOKE your authorization to debit your account, contact your employer, place of employment, your references and any wage assignment. Take a copy of these letters to your bank for proof that these companies were notifed and to your payroll department. Might be a little embarrassing, but a little embarrassment now compared to a lot later on. Even though they cannot do this, better to show that you have revoked your voluntary wage assignment than chance it and someone screw up your check. Also payday loans are prohibited in the state of NC! These people cannot do anything to you, other than harrass you, but that is the most they can do.
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PostPosted: Thu Jul 26, 2007 7:47 am Subject:

Forgot to add, I live in NC and went through all this at the first of the year. Hang in there!!!
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PostPosted: Thu Jul 26, 2007 8:25 am Subject: Wage assignments

Thank-you that was great advice. I don't remember signing any wage assignments. So, they will contact my references? I have closed the bank account already and rec'd a call from Webpayday today but I didn't answer. Could you tell me what a wage assignment looks like? Also, can I email them to set up some type of payment arrangements? This wage assignment thing is really scaring me. Did you have to turn in a wage assignment for the company you worked for?
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PostPosted: Thu Jul 26, 2007 8:52 am Subject:

In NC payday loans are prohibited. How much have you borrowed from these companies and how much have you paid back to them?

If I were you, I would tell them that the only way you will communicate with them is via email or USPS. This way you have everything in writing. Also file complaints with the AG and the BBB.

Do not be afraid of a wage assignment. Just send the revocation and make sure your HR/Payroll department has a copy of your letters showing that you are not allowing them to do a wage assignment.

I was not really worried about anything happening as far as my loans went. I had found this site and had done a lot of reading and question asking and learned what they could and couldn't do and they can't do anything!!!! None of these companies are licensed in the state of NC. They are not following NC laws, which they have to regardless of what they say to you. Do not let them bully you or threaten you and they will try, but do some reading and see what kinds of things they will try. Knowledge is a powerful weapon and the more you know the more you are able to stand up to these people.

As far as trying to contact your references, yes they might and they might try to contact your work. Although it might be a little embarrassing, talk to these people and explain what happened and you might be surprised as to how much support you have and how much these people are willing to help you out.

Get your letters done, get copies to your bank, file your complaints and relax a little. It is time to take control of things instead of letting these people control you! It will all work out, trust me. I had like 6 pdls and even though I lost a lot of money, but did get one refund, I learned a lesson and will never use a payday loan again, but I am now in control of my finances and you can do it too. Wink

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PostPosted: Thu Jul 26, 2007 9:36 am Subject: Wage assignment

Thank-you so much!! I am going to wait until they contact me. Do you think I should ask them if I signed a voluntary wage assignment or should I tell them that I didn't? You are a great help and I hope that I am not asking too many questions.
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PostPosted: Thu Jul 26, 2007 11:24 am Subject:

No, you don't need to ask them that....go ahead and write those letters and put in there that you are revoking any wage assignment that you may have signed. Also get the complaints filed with the NCAG and the BBB. Get all the letters going and emails, get to the bank, get the complaints filed and do not back down from these people. Let them know that you are willing to pay the balance of the principal and nothing else. With the complaints and such, you might be able to get them to go ahead and mark your account PIF, but don't bank on it too much. Tell them you want a mailing address to send a MO (do not send them a check!). If they insist on like a credit card or something, it was suggested on this site to get a prepaid debit card and then give them that number. Then you know that they are only going to be able to get the amount they are suppose to and nothing more and then they do not have your account number. Get a jump on this before they start on you. YOU be the aggresser!!!! (gosh hope I spelled that right)
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PostPosted: Thu Jul 26, 2007 11:26 am Subject:

You are not asking too many questions. You need answers, so ask away! LOL That is why we are here, to help as we have been helped.
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PostPosted: Thu Jul 26, 2007 1:52 pm Subject: Addresses for wage assignment revocation

Does anyone have these addresses to these companies?
United Cashloans
Web payday
quickest cash advance loan-MTE
One click cash
ameriloan
Magnum Cash advance
Nationwide cash

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PostPosted: Thu Jul 26, 2007 5:06 pm Subject: addresses

Web Pay Day
320 W 200 St
Ste 350-B
Salt Lake City, Utah 84101
1-800-814-5451
Ken Collom email: kcollom(at)webpayday.com
He got my account WAY straightend out. Very easy to work with.
ameriloan, One Click Cash, Quickest Cash Advance
They have a million addresses. They are all:
MTE Financial
515 G S.E.
Miami, Oklahoma 74355
1-866-213-0268
They are VERY ugly to deal with. Just a warning!

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