| Message |
Author |
Posted: Wed Nov 29, 2006 3:48 pm Subject: Can a PDL garnish wages without a court order? |
|
|
I have six payday loans out and of course don't have money for food, gas, etc. One of the loans was due last week and I defaulted on it. After endless calls from this company - Cash Transfer Central - I finally returned my call. I told them I couldn't pay the entire amount off at one time and would make payments. They said the entire amount had to be paid off by 12-5-06 and if it wasn't, my payroll department would be contacted and they would garnish the money from my coming check. Can they do this without a court order? I am going to talk to an attorney on 12-4-06 about the possibility of bankruptcy because the situation is completely out of hand. I have every intention of paying back what I owe, but just can't right now. Help!
_________________ Register today to encash debtcc points.
|
|
Jaycee
Guest

Debtcc Points: 100
|
|
|
Posted: Wed Nov 29, 2006 3:56 pm Subject: |
|
|
First, what state are you in??
|
|
natdust20


Joined: 19 May 2006
Posts: 1344
Debtcc Points: 14935
|
|
|
Posted: Wed Nov 29, 2006 4:29 pm Subject: |
|
|
Cash Transfer Center uses a Voluntary Wage Assignment to try to get their money back. You can send them a letter revoking this option and foward a copy to your payroll department. The state of NC requires wage garnishments by court order
|
|
bdouble
Debt Samaritan

Joined: 15 Jun 2006
Posts: 356
Debtcc Points: 4447
|
|
|
Posted: Wed Nov 29, 2006 4:30 pm Subject: |
|
|
Cash Transfer Center will try for a wage assignment. This is not the same like wage garnishment in which they need a court order.
In a wage assignment, they don't need any court order and they can directly contact your payroll for deducting wages. First step is to send a wage revocation letter to CTC for stopping their debits in your account. Send the letter through certified mail and return requested. This will leave proof of your taking care of the matter.
Before you decide bankruptcy as the only option, call CTC and try to work some arrangements. Maybe, you will find something positive. I have heard CTC is very tough and most of the times they are into illegal things, but I am not thinking it fair for you to file bankruptcy just because of them who are violating most of the federal and state laws in US. Think twice before you finalize this move.
|
|
ricjil

Joined: 04 Nov 2005
Posts: 225
Debtcc Points: 3537
|
|
|
Posted: Wed Nov 29, 2006 4:53 pm Subject: |
|
|
I'm not a bankruptcy lawyer, but bankruptcy seems a rather drastic option for someone with as little debt as you.
_________________ BEFORE YOU SEND ME A PM: Unfortunately, I don't know anything about dealing with debt collectors, payday lenders, consolidating debts, and that sort of thing. I sue debt collectors for violations of the FDCPA, and I defend consumers sued by debt collectors.
sjglover.com
caveatemptorblog.com
|
|
SamGlover
Debt Samaritan
Joined: 16 Nov 2006
Posts: 162
Debtcc Points: 3564
|
|
|
Posted: Wed Nov 29, 2006 5:20 pm Subject: |
|
|
Also contact your payroll department to see if they would allow something like this to even go through. I had defaulted with a loan with Sonic (same co) and I revoked my voluntary wage assignment with them. My payroll dept told me they would not deduct anything from my wages without a court order. It wouldn't hurt to ask.
|
|
CowampChicken

Joined: 20 Dec 2005
Posts: 3681
Debtcc Points: 36192
|
|
|
Posted: Wed Nov 29, 2006 5:45 pm Subject: |
|
|
Jaycee -
definitely think long and hard about the bankruptcy idea before taking that step. It is a major, life-altering step. If I were in your shoes, I would be leaning more towards debt counseling or credit counseling to see if I could work my way out of this situation before jumping into bankruptcy. With the new bankruptcy laws, the days of quick, cheap bankruptcy filings are over.
_________________ A journey of a thousand miles begins with a single step...and becoming debt free is a journey!
|
|
SUEBEEHONEY70
Moderator

Joined: 12 Oct 2006
Posts: 4386
Debtcc Points: 61043
|
|
|
Posted: Wed Nov 29, 2006 6:02 pm Subject: |
|
|
Jaycee---just how much in PDLs are you talking about? Is that your only debt? I agree with the above post regarding avoiding a BK if you can. I do know that in California where I live, I believe to file BK you have to have at least 5,000 in debt and that might have changed since I filed 7 years ago. I know that BK laws have changed recently.
|
|
Lorri
Moderator


Joined: 27 Apr 2006
Posts: 1728
Debtcc Points: 20969
|
|
|
Posted: Wed Nov 29, 2006 7:03 pm Subject: |
|
|
A lot of companies won't allow voluntary deductions, period..So it wouldn't be an issue..Ask your payroll dept if they do. If they do, You can go from there on the revocation and notice of defense. I work in Hr, please feel free to pm me for help on these letters.
_________________ "It's a treat, being a long-distance runner...."
Allan Sillitoe, The Loneliness Of A Long-Distance Runner
|
|
finsfan13
Moderator


Joined: 17 Feb 2006
Posts: 7018
Debtcc Points: 59833
|
|
|
Posted: Wed Nov 29, 2006 11:12 pm Subject: |
|
|
In Illinois we have a whole act on the wage assignment. Certain things have to be done for it to be legal, like the document you sign needs to have "WAGE ASSIGNMENT" written in 1/4" high bold font.
On that note, our laws also say you need to actually sign it. An electronix signature does not work. Look up your state laws, and maybe you can find a loophole that would give a reason why the wage assignment is not proper.
And if all else fails, it is voluntary and you can revoke it by sending a written revocation.
|
|
DebtCruncher
Moderator

Joined: 07 Nov 2006
Posts: 1541
Debtcc Points: 17421
|
|
|
Posted: Thu Nov 30, 2006 7:18 am Subject: help right away |
|
|
listen people i closed my account yesterday i already got a call today from ics pdl, i did not talk to mthem yet i need to know what to say when i talk to them? what should i write to my payroll department about wage assignment i need to know today what to say, i am going overthere today i will give them a letter of revokement , what to put on it i have a lto oflaons out i need to know what to tell my employer so i can get this thing together with the lenders, cash transfer center is one of minds also,now i know they are not license in my city of illinois, but i ddont know what else the can do, i dont want to wait to see i just need devt cruncher to tel me what to writeto employer in the form of a voluntarie revoke letter them i can work on sending it to the other companies. hellp in a hurry. ppplease!!!!
_________________ Register today to cash in debtcc points.
|
|
laverne
Guest

Debtcc Points: 100
|
|
|
Posted: Thu Nov 30, 2006 10:53 pm Subject: |
|
|
A wage assignment letter can be as simple as this:
| Quote: | PAYDAY STORE
ADDRESS
CITY, ST ZIP
DATE
To whom it may concern;
Please be advised that I hereby revoke any wage assignment that I have previously signed with your company.
As you know, wage assignments are revocable at the will of the consumer. Any wage assignment that may purport to be irrevocable is contrary to Federal regulations.
Your continued efforts to execute any wage assignment, after knowing that I have revoked it, shall constitute an unfair credit practice and may be reported as such.
Sincerely,
YOUR NAME
CC EMPLOYER |
|
|
DebtCruncher
Moderator

Joined: 07 Nov 2006
Posts: 1541
Debtcc Points: 17421
|
|
|
Posted: Sat Dec 02, 2006 7:19 am Subject: finsfan13 |
|
|
did you ever hear from ctc i have them also and i would like to know what happen because i will have to deal with them next week i know it will be something i owe them 889 and what will they do/
_________________ Register today to cash in debtcc points.
|
|
laverne
Guest

Debtcc Points: 100
|
|
|
Posted: Sat Dec 02, 2006 8:20 am Subject: |
|
|
Laverne--
DebtCruncher has provided a sample revocation letter in the post above yours. You need to get this letter done and sent to CTC b/c they will attempt a wage assignment. You also need to give one to your payroll dept at your employer ASAP!!
|
|
brownsugar
Debt Samaritan


Joined: 08 Oct 2006
Posts: 1408
Debtcc Points: 13964
|
|
|