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Posted: Thu Sep 13, 2007 12:17 pm Subject: Help ASAP

Okay, just got a telephone call from Cash Transfer Centers. Calling to verify my employment for a wage assignment that they mailed on me. I got the call. I do the HR/payroll stuff myself. Gave a false name (of course) as to who I was. Apparently they have mailed a wage assignment. I have not received it. I pray to God I get it before my friggin boss does. However, she is faxing it to my office now & will be "waiting to hear from me". Okay, I understand that wage assignments are strictly voluntary upon the employer. I have in fact revoked any wage assignment I may have signed with them (as I did everyone). However, my question is - How do I respond to this? I'm going to be receiving a fax and a letter (that I pray I get, not my boss). How do I respond to it? Can I tell them we do not "honor" wage assignments? She actually called it a "wage garnishment" while on the telephone. I know better than this crap though. Tell me how to handle this. I'm trying to cut them off before something lands on my boss's desk. But what can I actually say or fax back to state that we do not honor wage assignments? I need some kind of "legal talk" here. Help!

Posted: Thu Sep 13, 2007 12:19 pm Subject:

Kentucky, right?

Posted: Thu Sep 13, 2007 12:21 pm Subject:

Seriously, exactly that..."we do not honor wage assignments as they are voluntary and not associated with a legal judgement or court order"

Posted: Thu Sep 13, 2007 12:22 pm Subject:

Here you go!

286.4-570 Wage purchases -- Assignment of compensation.

(2) No assignment of or order for payment of any salary, wages, commissions, or other
compensation for services, earned or to be earned, when taken as security for any
loan made under this subtitle, shall be valid unless the amount of the loan is paid to
the borrower simultaneously with its execution. Under any assignment of or order
for the payment of future salary, wages, commissions, or other compensation for
services given as security for a loan made under this subtitle, there shall not at any
time be collectible from the employer of the borrower more than ten percent (10%)
of the amount then owing the borrower for any such salary, wages, commissions or
other compensation for services.

Effective: July 15, 1982
History: Amended 1982 Ky. Acts ch. 53, sec. 5, effective July 15, 1982. -- Amended
1980 Ky. Acts ch. 107, sec. 3, effective July 15, 1980. -- Amended 1970 Ky. Acts
ch. 48, sec. 5. -- Created 1960 Ky. Acts ch. 204, sec. 17, effective June 16, 1960.
Formerly codified as KRS 288.570.
Legislative Research Commission Note (7/12/2006). In accordance with 2006 Ky. Acts
ch. 247, secs. 38 and 39, this statute has been renumbered as a section of the
Kentucky Financial Services Code, KRS Chapter 286, and KRS references within
this statute have been adjusted to conform with the 2006 renumbering of that code.

Posted: Thu Sep 13, 2007 12:23 pm Subject:

Ditto to what Volley said. How old is this loan Cann?

Posted: Thu Sep 13, 2007 12:25 pm Subject: reply

goudah, I like the legal talk, but what the hell is it saying???? I'm freaking here. You know how I get!

Posted: Thu Sep 13, 2007 12:25 pm Subject:

Also, in the Kentucky statutes about deferred deposit transactions it says this:

286.9-100 Procedures to be followed by licensees.

(9) No licensee shall require a customer to provide security for the transaction or
require the customer to provide a guaranty from another person.

Effective: April 14, 1998
History: Amended 1998 Ky. Acts ch. 601, sec. 9, effective April 14, 1998. -- Created
1992 Ky. Acts ch. 213, sec. 10, effective July 14, 1992; and ch. 341, sec. 10,
effective July 14, 1992.
Formerly codified as KRS 368.100.
Legislative Research Commission Note (7/12/2006). In accordance with 2006 Ky. Acts
ch. 247, secs. 38 and 39, this statute has been renumbered as a section of the
Kentucky Financial Services Code, KRS Chapter 286, and KRS references within
this statute have been adjusted to conform with the 2006 renumbering of that code.
Legislative Research Commission Note (7/12/2006). 2005 Ky. Acts ch. 123, relating to
the creation and organization of the Environmental and Public Protection Cabinet,
instructs the Reviser of Statutes to correct statutory references to agencies and
officers whose names have been changed in that Act. Such a correction has been
made in this section.

Posted: Thu Sep 13, 2007 12:27 pm Subject:

The first law means that wage assignments can only be used if they are executed at the time the loan is funded. Example: You borrow $200, and immediatly a wage assignment is given to your employer to take that money out of your check.

The second law, and it is for pdl's spceifically, says that they cannot take any security for the loan. A wage assignment is security.

Posted: Thu Sep 13, 2007 12:28 pm Subject: reply

So.... call me retarded. What?? Is all this saying they don't have to give them any money? I know we don't have to, I just want to understand what I'm replying to them. Sorry....retarded.

Posted: Thu Sep 13, 2007 12:29 pm Subject:

If the loan is illegal (since they are in your state) how would a wage assignment be legal?

Posted: Thu Sep 13, 2007 12:30 pm Subject:

Not retarded!

Yes, it is saying you don't have to honor the wage assignment. It is illegal for them to do a wage assignment on a pdl, per the second law I posted.

Posted: Thu Sep 13, 2007 12:30 pm Subject: reply

Oh, goudah. Thank you. You know I need it in "simple" terms! But I'm copying and printing out what you posted to back it up. This loan is ooooooooollllllddddd. And they never contacted me after I attempted to contact them. Never heard a single word from them. Ever. Months. Hell, I even filed complaints. However, they are overseas, so they don't give a damn. Now they're pulling the old "wage assignment" on me. I can't use the word I want to right now. Goudah, thank you with all my heart!