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 Posted: Mon Oct 01, 2007 10:00 am |
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Does an out of state creditor have to file in your state of residence or their place of business?
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hvn_sent
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| Posted: Mon Oct 01, 2007 10:07 am |
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In ur state of residence hvn. Actually i think (not sure but will check) in ur county.
Do u have a judgement against u? that is the ONLY way a CA can garnish ur wages is if they have a judgement. It should be on ur credit report if they have one.
Ang
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Ang
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| Posted: Mon Oct 01, 2007 10:17 am |
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Nope - no garnishment. A PDL tried to present a assignment to my employer; however I had revoked it and my employer had proof. In the letter, the company states that they are filing for a garnishment in their county. And that my employer can expect, in 6-8 weeks a judgement against me for $600. Now mind you, they havent written to me to tell me how much, etc. Today I sent them the initial validate my debt letter. They have not disclosed to me how much the balance is !!!
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hvn_sent
Joined: 21 Sep 2007
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| Posted: Mon Oct 01, 2007 10:30 am |
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Ahh well to ease ur mind a little bit, before they can get ANY kind of garnishment they have to have a judgement and it will take them a LOT longer than 6 weeks in my experience! The courts are already bogged down and it would probably take longer than that to get in front of ANY judge!!
What state are u in? PDL's are illegal in lots of states!! I'm not that familiar with pay day loans but i DO know that much... U may wanna check out ur state laws first and also see if they're licensed in ur state to begin with (if they are indeed legal)
Good Luck,
Ang
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Ang
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| Posted: Mon Oct 01, 2007 11:03 am |
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It just sounds like one of their tricks to get your money. Good thing you already revoked the assignment. Now your employer is aware that they are up to no good, too. 
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eleroo
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| Posted: Mon Oct 01, 2007 11:12 am |
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I doubt if an illegal PDL can get a court order for a garnishment. If they are illegal to begin with they would be thrown out of court. A wage assignment is 100% voluntary . Did you ever sign a wage assignment?
You did the correct thing by revoking it, and giving your employer a copy. Is the Pdl legal in your state?If yes, then they can go to court, but I believe it has to be in your county not theirs. Is this internet or store front. All of this determines their rights and yours.
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kashzan
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| Posted: Mon Oct 01, 2007 11:19 am |
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Internet loan; they are NOT licensed in my state. Im in IL.
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hvn_sent
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| Posted: Mon Oct 01, 2007 11:22 am |
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Ok that is good. Just as long as you did revoke any assignments, you should be in the clear. As long as they are not legal in your state, they can not do anything to you.
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kashzan
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| Posted: Mon Oct 01, 2007 11:30 am |
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I realize that most of the PDL companies are sleezy. I just cant comprehend why they would expose themselves by drafting/sending a letter to my employer with one lie after the other!
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hvn_sent
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| Posted: Mon Oct 01, 2007 11:32 am |
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They will do what ever they can to try to gey their money. Have you already paid them back what you legally owe?
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kashzan
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| Posted: Mon Oct 01, 2007 11:37 am |
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Just out of curiosity, which pdl company is this? First of all, if they were going to garnish your wages, they would have to file a judgement against you before anything else. Like Ang said, this takes some time, a court hearing, and THEN they would have to get an order to garnish your wages. From what they are telling you, they don't even know the legal process which tells me they are just blowing smoke at you!!
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Last edited by Sassnlucy on Mon Oct 01, 2007 11:39 am |
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Sassnlucy
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| Posted: Mon Oct 01, 2007 11:38 am |
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No - I havnt made any payments yet. Still waiting for them to verify & disclose my balance. If I am understanding correctly; the principal is $250.00. I owe them $ 250. I can not pay all at once. Will send 1st payment week of 10/15.
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hvn_sent
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| Posted: Mon Oct 01, 2007 11:50 am |
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They would have to file in your county. Technically, they could have a judgement in 6 weeks. Normally what happens is they file the lawsuit, and if you don't respond to the suit a default judgement is entered against you. That would only take 6 weeks. But if you respond to the summons and don't ignore things it will add time onto things.
But - I would bet this is a lie they are using to try to scare you into paying up. ameriloan is part of MTE and they are being chased out of a bunch of states. They are not going to set foot in a courtroom.
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goudah2424
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| Posted: Mon Oct 01, 2007 11:59 am |
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Goudah, If they are illegal, how can they even think of going to court? I agree that its part of MTE and that they are just using scare tactics, Do they really believe that they can take some one to court?
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kashzan
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| Posted: Mon Oct 01, 2007 12:02 pm |
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This is ameriloan? I don't see where in hvn's posts she said it was them...MTE doesn't do wage assignments, at least they didn't used to.
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JEN5276
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| Posted: Mon Oct 01, 2007 12:04 pm |
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They can't take someone to court if they're illegal! And i'd imagine it could be possible to get a garnishment in that amount of time but highly unusual or unlikely! I didn't answer my summons and it took them over a year to "try" to garnish and they still weren't able too! Of course this is just my case!
And they're just trying to scare u.... I don't see them suing even if they were legal for that little bit of money!
Ang
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Ang
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