#17  
10-01-2007, 11:05 AM
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Yeah, that's why I said they aren't going to step foot in a courtroom.

But anyone can sue anyone. All it takes is the filing fee. If a blatantly illegal pdl like ameriloan took someone to court, it would be on the hope that the person wouldn't respond to the summons and they would get a default judgement, because the case wouldn't stand up once a judge looked at it.
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  #18  
10-01-2007, 11:08 AM
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Ahh true goud!!
I didn't even think of that! DOH ME!
So it would be up to the person to use this as their defense then it would be thrown out right?
I'm sure they won't but just for the sake of this conversation! lol
Thanks goud!
Ang
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  #19  
10-01-2007, 11:08 AM
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Anyone can take anyone to court, illegal or not. our defense would be that the debt is illegal. But they can sue. It's just that they wouldn't win if it was fought.

And it all depends on your county and the creditor. If you don't answer a summons and have a default judgement entered against you, then the creditor can immediatly file for garnishment. That usually only take about a week. In your case Ang it may be that the creditor just waited a while to garnish you. It doesn't take long at all to get a garnishment order once you have a judgement.
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  #20  
10-01-2007, 11:09 AM
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Well goud i got the summons for garnishment a LONG time ago but just had to wait on a court date!! That was many many months.... then they decided to settle for the original amt i offered them before they ever even sued.... i'll NEVER understand these CA's!
Ang
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  #21  
10-01-2007, 11:10 AM
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Yeah, you're right - That would be your defense.

And yeah, I've never heard of anyone sued by these places on an illegal loan. Most pdl's aren't going to spend the money on a suit and go through the courts when they can just use "other" methods like debiting your account without authorization or using illegal wage assignments!
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  #22  
10-01-2007, 11:11 AM
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Ya know goud, i was just thinking earlier, i've been on this forum for almost a year and a half and have seen LOTS of pdl post, LOTS!! I don't ever remember seeing one that has actually been sued... do u??
I was just curious is all!
Ang
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  #23  
10-01-2007, 11:12 AM
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I think in your case it was because of they way you are paid at your job - You don't have easily verifyable income. If you had a normal case it would take no time. That's why you had a hearing and such, because they couldn't locate your wages and wanted more information. If you have a "normal" paying job, they just get the garnishment and contact the employer, there isn't the hearing that you had to go to.
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  #24  
10-01-2007, 11:13 AM
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I haven't seen anyone sued by an illegal pdl . . . Legal, yes.
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  #25  
10-01-2007, 11:14 AM
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Well goud i went to court and showed them my assests, ALL OF THEM! They tried to take hubby to court to garnish his wages! Didn't work so i see what ur saying now!
Have a good one,
Ang
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  #26  
10-01-2007, 01:18 PM
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The company is Avantis Financial, also known as FFSCLLC.com & Tremont financial.
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  #27  
10-01-2007, 01:36 PM
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Ah! Tremont is known for doing wage assignments . . . . They would have to sue you in your county.

Tremont Financial is licensed in South Dakota. I'll check and see if they are licensed in IL . .
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  #28  
10-01-2007, 01:58 PM
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I don't think they are seperatly licensed in IL . . . I think Tremont does business under the "one license model" where they believe that having authority to lend from one state gives them authority to lend over the internet in other states . . . . .
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  #29  
10-02-2007, 04:34 AM
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Ive checked & they are not licensed in the state of IL. I'll wait to see if I am served - I wont hold my breath. I have a feeling that I would look like an 80's smurf character waiting for it . . . .
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  #30  
10-02-2007, 06:26 AM
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I have a question about the wage assignments vs. wage garnishments.

I have these couple Internet PDLS..and I have no emails or idea who the parent companies really are. I have only Jackson Phillips and now Accounts Recievable calling ( ironic they both are in Jacksonville FL) so- I dont even have any contracts or anything to contact these people.
Would a wage assignment revoke letter go the CA ? or the original PDL?
Also, would an employer "have to " abide by the wage assignment if the CA or PDL sent it to the payroll dept before they got the revoke letter?

Thanks for all your help with the clarification of my dilema!!!
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  #31  
10-02-2007, 06:36 AM
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The revoke letter would go to the original pdl. The CA wouldn't be able to do anything, as the assignment is for the pdl, not them.

And no. In fact, wage assignments are illegal in most states, and in the states they are legal in there are many requirements, like being signed in person, spousal consent, etc. The only reason these illegal wage assignments go through is uneducated employers. It is 100% up to the employer if they want to do the assignment or not.
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  #32  
10-02-2007, 06:41 AM
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Lorim, I know Accounts Receivable is a collection agency and is associated with Cash Net 500/ Pay day loan yes and United Quick Loans..Do you have pdls with any of these? I sent them a debt validation letter ( I used the one in the do it yourself section). I want to say Jackson Phillips is associated with them but could be wrong. IF you want the info for the DV letter pm me.

A wage assingment is voluntary on the side of the employer but I urge you to let your employer know these are illegal companies. Did you not send you payroll department a revoke letter yet.
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