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 Posted: Wed Apr 04, 2007 12:42 pm Subject: Wage Garnishment - HELP, URGENT! |
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I recv'd a letter in the mail today stating that PayDay Ave is garnishing my next paycheck on 4/15/07 from my employer.
| Quote: | It reads:
"Dear ****:
We are in receipt of the attached income execution order against your wages. Morgan Stanley is required by law to process this granishment on your 4/15/07 paycheck.
Encolosed is a copy of the notice for your records. If you have any questions, please contact my office at (***)***-****."
NEXT PAGE from PAYDAY
"Attention: Payroll Department
Futher to our communication with your department regarding ****** *********, enclosed are specific documents pertaining to your employee. Please take the time to read them carefully, as there may be important infomration and or instructions regarding the above noted case. Please NOTE that all amounts are DUE IN FULL, unless expressly authorized by the writer. Futhermore, please be advised that the employee **** ******** has full knowledge of the said amounts." |
The next payge is the wage garnishment form from them.
What can I do to stop this as this is the paycheck for next week!!!
Can I call my payroll department and advise them that I have revoked any voluntary wage assesments?????? OR, is this a legal wage assesment that I can't do anything about?? The communication on the letters has Payday Ave on them, no attorney or court case. Please give me some advice as I need to take care of this asap!!
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Marley
Joined: 19 Jan 2007
Posts: 51
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| Posted: Wed Apr 04, 2007 12:46 pm Subject: |
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I don't think they can legally garnish your wages without a court order. You may want to contact an attorney and just ask if it is legal. Good luck
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Guest
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| Posted: Wed Apr 04, 2007 12:47 pm Subject: |
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Call your payroll department NOW. They contacted my employer too and my employer basically told them to go fly a kite and wouldn't give them any information. Your employer is not required to give them your paycheck by law. They would have to have a court order for that. Do not waste any time, contact the payroll department. Some companies do not honor wage assignments but some do.
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Sassnlucy
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| Posted: Wed Apr 04, 2007 12:48 pm Subject: |
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You need to contact your HR dept and tell them that you have revoked this voluntray wage assignment and that this is not a court ordered garnishment! They cannot take your wages if you revoke your voluntary wage assingment! Do it asap
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Leah
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| Posted: Wed Apr 04, 2007 12:51 pm Subject: |
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You need to write a letter revoking your voluntary wage assignment, federal law states you can do this and they are then NOT allowed to garnish your wages, most states do not recognize this anyways. ALSO, you need to provide a copy of this revokation letter to your payroll dept. And file a complaint to your Attorney General's office NOW. You need to email, fax, and mail this revocatoin letter to this company IMMEDIATELY. DO IT MULTIPLE TIMES A DAY!
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WHEREAMI
Joined: 26 Aug 2006
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| Posted: Wed Apr 04, 2007 12:57 pm Subject: |
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I just contacted them and the lady told me they do many wage garnishments that aren't court ordered!! WTF?
I told her I revoked my voluntary wage assesment and she said she has never heard of that before. She gave me her fax number to send in stating I have revoked my authorization, but she said she had to look into it. More help, please!
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Marley
Joined: 19 Jan 2007
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| Posted: Wed Apr 04, 2007 1:00 pm Subject: |
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If somebody has a copy of that federal law please cut and post it so she can give it to her payroll. I did have it but lost it. Also, copy that letter from this company along with your revokation letter and fax it to the AG's office to go along with your complaint.
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WHEREAMI
Joined: 26 Aug 2006
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| Posted: Wed Apr 04, 2007 1:03 pm Subject: |
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Here, I will post the link also,
| Quote: | Wage Assignments
Previously, if consumers did not pay as agreed, some consumer credit contracts permitted creditors to go directly to the consumers' employers to have their wages, or some part of them, paid directly to the creditors. Under the Rule's prohibition against "wage assignments," your consumer contracts may not provide for the irrevocable advance assignment to you of any money due consumers because of their personal services (usually through employment) if they do not pay as agreed. The Rule prohibits irrevocable assignments to creditors of salaries, commissions, bonuses, pensions, and disability benefits, as well as wages due to consumers.
Below is an example of a wage assignment provision that is no longer permitted in consumer credit contracts:
If default be made in payment of the above-described debt, which is the time balance (Total of Payments) due on a retail installment contract, each of the undersigned hereby assigns, transfers and sets over to the above-named assignee, wages, salary, commissions, bonuses and periodic payments pursuant to a retirement or pension plan due or subsequently earned from his present employer or from any future employer within a period of two (2) years from the date of execution hereof. This assignment shall remain effective as to all of the undersigned Debtors.
The amount that may be collected by assignee here on shall not exceed the lesser of (1) 15% of the gross amount paid assignor for any week, or (2) the amount by which disposable earning for a week exceed thirty times the Federal Minimum Hourly Wage in effect at the time the amounts are payable; and shall be collected until the total amount due under this assignment is paid or until expiration of employer's payroll period ending immediately prior to 30 days after service of the demand hereon, which first occurs. This Wage Assignment shall be valid for a period of three years from date hereof.
The term "disposable earnings" means that part of the earnings remaining after deduction of any amounts required by law to be withheld.
The assignor(s) hereby authorize, empower, and direct his/their said employer(s) to pay assignee any and all moneys due or to become due assignor(s)_ hereon, authorize assignee to receipt for the same and release and discharge employer from all liability to assignor(s) on account of moneys paid in accordance herewith. no copy hereof shall be served on employers(s) except in conformity with applicable law.
However, the Rule specifically permits you to use payroll deduction plans where consumers choose to pay by regular deductions from paychecks. Such payroll deduction plans may provide that, if borrowers change employers, final paychecks will be assigned to you to be credited toward balances due on loans, without notice to debtors and without allegations of default or delinquency. Your contracts also may provide for wage assignments that can be revoked at will by consumers and for assignments of wages already earned at the time of the assignment. In addition, you may require that the revocation of a voluntary wage assignment be in writing.
The Rule's prohibition against "wage assignments" does not prohibit garnishment. If a creditor obtains a court judgment against a debtor, the creditor may continue to use wage garnishment to collect that judgment, subject to the consumer protections provided by federal (and sometimes state) law.
Security Interests in Household Goods |
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WHEREAMI
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WHEREAMI
Joined: 26 Aug 2006
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| Posted: Wed Apr 04, 2007 1:09 pm Subject: |
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Does anyone have a template that I can use to fax my payroll department stating that I revoke my voluntary wage assesments? Also, should I copy that entire above article and fax that as a seperate page to them?
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Marley
Joined: 19 Jan 2007
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| Posted: Wed Apr 04, 2007 1:10 pm Subject: |
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Go to the link I gave you above and then click on the Wage Assignment, copy it from the site. Send your revokation letter and a copy of the law together in the same fax.
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WHEREAMI
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| Posted: Wed Apr 04, 2007 1:20 pm Subject: |
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Don't state laws also govern wage assignments? You may want to look at that too, as there may be requirements on how the document was signed in order for it to be a valid wage asignment. I know in my state they are illegal.
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goudah2424
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cajunbulldog
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| Posted: Wed Apr 04, 2007 1:29 pm Subject: |
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In general fed does trump state, but I found this about wage assignments on a federal law site:
| Quote: | State law governs wage assignments.
While wage assignments are not subject to federal law restrictions, the states regulate them to varying degrees. Where they do not, wage assignments are governed by the general law of contracts as developed by state courts. |
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goudah2424
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| Posted: Wed Apr 04, 2007 1:32 pm Subject: |
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I know there is a template revoking wage assesments with the payday lenders on this site, however, is there one I can use with my payroll department????
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Marley
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| Posted: Wed Apr 04, 2007 1:34 pm Subject: |
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You just give them a copy of what you send to the company trying to assign your wages.
All you really need to say is that "you revoke any and all wage assignments you may have signed pertaining to XXX Company".
What state are you in and I will find the laws for yoru state regarding wage assignments.
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goudah2424
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