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Posted: Tue May 27, 2008 5:23 pm Subject: wage garnishment question

How long after default would it take for a payday loan co. to garnish your wages? I am seriously considering bk but i can't pay the filing fee for 2 weeks...

Posted: Tue May 27, 2008 6:04 pm Subject:

Is it an internet loan? If it is, then they are generally acting outside of the law and no judge in the world would grant them a judgement! What they can do, though, is use a wage assignment. This is revocable at any time by you. What you should do immediately is write a letter stating "as of this date, I revoke any and all wage assignments". You need to send this to your PDL company. You also need to give a copy of that letter to your HR/payroll dept. It's important that they get it, in fact it's more important that THEY get it then the PDL! That's it.

If this is a storefront, they can take you to court and sue for a judgement, as they usually follow the laws..The easy way to prevent that is by contacting them and making arrangements. No one wants to sue you, and if you are up front about your situation, they will work with you.

Please tell us about your PDL situation, we've been there and will be glad to help.

Posted: Tue May 27, 2008 6:17 pm Subject:

They are storefronts...I have five and with two I started on a payment plan (CFSA) but it was just too much (500 every two weeks just for those two loans plus another 250 dollars for the interest payments on the other three loans). I don't see any way out at this point other than bk. I stopped paying this weekend but it being a holiday weekend they might not have gotten the checks back yet. I think with one of them they put today as the due date cause of the holiday. There is no way i can pay what they want. If they would take half of that per month til they were paid off i could swing it but I don't think they will.

Posted: Tue May 27, 2008 6:32 pm Subject:

jmac, what state are you in?

Posted: Tue May 27, 2008 7:20 pm Subject:

Posted: Tue May 27, 2008 7:23 pm Subject:

Posted: Tue May 27, 2008 7:24 pm Subject:

Posted: Tue May 27, 2008 7:27 pm Subject:

i cannot let it get to the point they win a judgement; i will file asap.

Posted: Tue May 27, 2008 7:35 pm Subject:

jmac, have you tried to contact the storefronts and see if they will work with you? It's always worth a shot. I see that you posted that you invoked the EPP with a couple of them, but defaulted on that. So, they'll want their money in full, unfortunately. I just had to see anyone file bk if it's not necessary. Have you tried to see if any will work with you? I know you said they probably won't; however, I would at least try. I know pdls are a pain in the a$$ and it looks like there is no way out, but sometimes they will work with you.

Guest · Posted: Tue May 27, 2008 8:10 pm Subject:

I can try but i absolutely can't have them garnish me..i would get fired. I hate to file bk but it seems like i don't have any option; trying to get 5 companies to agree to something is going to be difficult, if not impossible.

I couldn't find anything about ACH assignment in my contracts but one did say 'you promise not to close your bank account', so I'm sure they won't be happy.

Posted: Wed May 28, 2008 11:40 am Subject:

You CAN NOT be fired for being garnished. Trust me, I work in HR, this is a federal law.

Posted: Wed May 28, 2008 2:00 pm Subject:

Are you serious Finsfan. I have always been worried about this myself. I was always told that where I work also would fire you if you were ever to get a garnishment. I had no idea that you couldn't actually be fired for this. SO no matter where you work and how much they say they can fire you for having a garnishment it's not the case? I'm actually very happy to hear this it was always a fear of mine.

Thanks so much for the information, this site is just so wonderful.

Johnita

Posted: Wed May 28, 2008 5:05 pm Subject:

Nope, you cannot be fired because you have a garnishment. That's a helluva lawsuit if you can prove you're fired for that reason, plus a fine for the company.

A nit-picky company, however, can FIND another reason to fire you. I don't know why they would want to..After the initial paperwork there is absolutely no extra work for the hr dept, and it costs the company no money. If you do find yourself being garnished, make sure your record is clean otherwise..Attendance, personal calls, etc. It would never ever even cross my mind to impose any kind of discipline on a garnishee. That's just stupid.

Posted: Thu May 29, 2008 4:43 pm Subject:

I agree with the Miami Dolphins fan. It would be a legal nightmare for a company to fire you because your wages are being garnished. Have you contacted your HR department in regards to your question? If you have not, please contact them asap in regards to wage garnishments.

Guest · Posted: Thu May 29, 2008 5:21 pm Subject:

I'm wondering what is going on with the pdl companies...I have only heard from one that called cause i didn't make my payment...so far, no one else has called. It makes me wonder what they are planning Sad

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