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Payday Loan Misery

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PostPosted: Thu Apr 12, 2007 2:10 pm Subject: Payday Loan Misery

I came across this site while searching for a solution to the payday loan mess I had gotten myself into. To make a long story short, I was in a real bind for money. My father had just walked out on my mother and I. We needed to pay rent so we wouldn't be thrown into the street and food in teh house so we wouldnt starve. I had every intention of complying with my financial obligation, but the companies I borrowed from took out unauthorized withdrawls from my bank account which left me financially devastated. Then came the phone calls: Probation, lawsuits, etc. I paid so much money to these companies already and now I come to find out that one of these companies have managed to garnish my paycheck with a judgement when I was neither served with a summons to appear in court nor appeared in court period. This whole experience has been a nightmare and through this site, I hope to gain understanding and advice as to what my rights are and how to make things right again.
ksinanis



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PostPosted: Thu Apr 12, 2007 2:14 pm Subject:

OK first thing is first...They did not garnish your check they invoked a voluntary wage assignemnt...The only people who can garnish your check without taking you to court is the governemnt. So lets solve that problems first...You need to contact your payroll and tell them that is a voluntary wage assignment and you are revoking it, send this via email and fax. Also notify the company who pulled this on you. Second of all, what state are you in? Who did you borrow from? Are these internet or storefront? How much did you borrow from who and how much have they taken? Once you answer these questions, one of us can help you et out of this....I was in the same boat as you were a while back so take a deep breath Smile
Leah
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PostPosted: Thu Apr 12, 2007 2:40 pm Subject:

Yes I too was in the same boat and am still fighting some of these companies. Answer the questions Leah asked and we all will help you as much as we can. You will learn very fast what your rights and responsibilities are and will also be able to take back your life. Brighter days will come, I promise.
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PostPosted: Thu Apr 12, 2007 3:17 pm Subject:

Thank you for understanding. I live in Connecticut. The company that is doing this to me is Great Seneca Financial Corp. (P.O Box 1651, Rockville, MD). I have made payments to this company during the past few months and the remaining balance was $140.00. Origionally it was $600.00 The papers I recieved today state that I owe $1319.61. The papers state State of Connecticut Superior Court--Wage Execution. It was apparently delivered to my place of employment by the State Marshal yesterday, but I had the day off. This morning I found it by accident, (I manage a resteraunt). I found it in the manager's log that I and the other managers use everyday. I was the only manager on shift and it fell out of the log. The GM wasn't trying to hide it from me, but she didn't want the other employees getting into my business. I called payroll this morning and faxed the paperwork. Apparently I Have 20 days from today to appeal these papers before they take 25% from my check.

Back in October I took out 5 internet PDLs. $600 is from Great Seneca. The rest of them have been submitted to Westbury Ventures. I do not recall all of their names because apparently from what I've read here these companies deal witha variety of internet pdls. it's difficult to even think straight because I have also dealt with Bass and Associates (of whome threatned to charge me with a felony). Companies that I can recall offhand are 500 Fast Cash, and One Click Cash. I recently moved from one city to another here so all my paperwork is still in boxes. I have saved all my Moneygram receipts and letters. I am now starting to save the emails that I am receiving from Westbury. My bank closed my checking account for me because of all the overdrafts and I am now in Chexsystems for 5 years.

Sorry that this was so long. I'm just trying to make sense of all of this and make things right. They have made it so difficult for me to work with them and vice versa. They're demands are insane; "You have until 7pm to come up with $500.00 otherwise we will have to locate you and prosecute you for fraud" is what Bass and Associates have said to me. I've been acting like a lunatic running to friends and family "I need to come up with this money NOW otherwise I'll go to jail". They do a very good job of scaring the crap out of people. How can they sleep at night?

ksinanis



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PostPosted: Thu Apr 12, 2007 3:24 pm Subject:

Ok, I've got two more companies that I've borrowed from. MTE Financial and DMS Marketing.
ksinanis



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PostPosted: Thu Apr 12, 2007 3:25 pm Subject:

As far as being in chexsystems, I have made a list of banks that you can still get an account at. It is located here

I know it's probably on the low list of problems right now, but it's nice to know you can still get a bank account from a real bank.

If you can't find a bank that works for you let me know and I can look into things further.

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PostPosted: Thu Apr 12, 2007 3:35 pm Subject:

Thank you. that's comforting. I'm afriad to even open a checking account because I've heard that these companies will find out about it and find a way to suck the money right out of the account.
ksinanis



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PostPosted: Thu Apr 12, 2007 3:51 pm Subject:

As long as you don't give your account info out to anyone the risk is very low. Plus, if you revoke the authorization you gave them to debit ANY account you may have, then at least if they do try you can get the bank to recover the money. You must to that in writing and keep copies. Sending it certified mail is also a good idea so you have proof of reciept.

One thing I've done, because I'm paranoid about the same thing, is I have 3 different bank accounts (and I'm on chexsystems!). I have my paycheck split into 3's and directly deposited into each account. That way if I do get hit I still have money.

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PostPosted: Thu Apr 12, 2007 4:14 pm Subject:

Westbury Ventures and DMS Marketing are one in the same. I had a loan with The Loan Shop and I get emails from DMS Marketing and Westbury Ventures. They are hard to deal with but once they realize you know your stuff they start backing down. Smile
I'm a little unclear on why a voluntary wage assignment would say it was from the state of Connecticut. Maybe someone from CT can clear that up.

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PostPosted: Thu Apr 12, 2007 4:14 pm Subject:

500 Fast Cash has not contacted me recently and has not replied to the Attorney General. I think they may give up once they know that you know the laws.
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PostPosted: Thu Apr 12, 2007 4:22 pm Subject:

I am not sure. the papers look official. Although it is not a summons. I was never served with a summons to appear in court nor was there any statement in the paperwork I recieved today that said the judgement was granted due to me failing to appear in court. At the bottome of the first page there is somthing that states: "A new connecticut law has gone into effect allowing state marshals to mail wage executions. Please proceed as usual. If the debtor is not employed, please return with a note indicating when the employee was terminated". Now that I've never heard of. Somthing about it doesn't seem right, but one of the papers is double-sided and there is a place where I can appeal the wage execution. From the looks of it; I've already had judgement passed on me and garnishment will take place 20 days from now. The law firm that is representing the "plaintiff" is Wolpoff and Abramson, L.L.P
Attorneys at Law

ksinanis



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PostPosted: Thu Apr 12, 2007 4:40 pm Subject:

I would contact your local court because if you were not summonesed to court, then they cannot garnish your check...the only people who can garnish your check are the government...The papers may look official but that does not mean they are and if they arent then you have a hel_l of a lawsuit you can file...also those threats of felonies are only threats...
Leah
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PostPosted: Thu Apr 12, 2007 4:43 pm Subject:

Be careful, these companies have been known to send phony papers that look like official court documents. I would find out immediately, that is a very huge NO NO to do, but these companies will still try it, now if you want to say "committing fraud", well that is what it is when companies send out phony court documents. You are notified of a hearing for garnishments, only case you wouldn't would be for federal student loans, child support, taxes, and other governmental loans I'm sure I failed to mention.
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PostPosted: Thu Apr 12, 2007 4:43 pm Subject:

I am at a loss on this one. I googled this law firm and they look shady. All over their page it states, "this is an attempt to collect a debt and any information obtained will be used for that purpose." If you go to this site, buddhibbs (just add www and dot com) you will see that he lists them as the #5 worst debt collector in the U.S. I'm sure someone else will come along with info on this to help.
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PostPosted: Thu Apr 12, 2007 4:44 pm Subject:

Here are the laws regarding payday loans for Connecticut:


Quote:
Legal Status: Prohibited

Citation:
Usury act applies or small loan act applies. Conn. Gen. Stat.ยง 36a-563

Small Loan Rate Cap
30.03% apr or $17 per $100 up to $600; $11 per $100 up to $1,800; add-on interest

Where to Complain, Get Information:
Regulator: Connecticut Department of Banking
Address: 260 Constitution Plaza Hartford, CT 06103
Phone: (860) 240-8299
Fax: (860) 240-8167
Regulatory Contact: Alan Cicchetti, Deputy
http://www.ct.gov/dob/site/default.asp




I'm confused. How can the state marshall issue a wage "garnishment" if payday loans are prohibited in your state? It sounds very fishy to me.

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PostPosted: Thu Apr 12, 2007 4:45 pm Subject:

Smells of the worst kind of fish!
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