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#17
05-07-2007, 04:47 PM
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loan
ED, Cajun is exactly right. Contact the Attorney General and explain the situation. At least they will be able to tell you if this company can sue you or not. Also check the Secretary of States website to see if they are licensed there. Poptartsmom has had no luck with the Ag there. These internet companies will tell you everything and you need some good sound advice on this one. Attorney Generals office Consumer Division and Secretary of States Office its worth a try. Best Wishes KYSIDE38
__________________
RYDERS OF THE NIGHT 
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#18
05-08-2007, 05:12 AM
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tremont
Payday loan companies want to be guaranteed there money on schedule. If they agree to mailed payments you can mail them anytime you feel like it which is not good enough for them. The usually want Western Union or that other one whose name slips me at the moment. I am so glad I live in Florida after hearing your plight. They can't garnish here. I still have my doubts that they can garnish from another state. Where are the attorneys that usually chime in here? We need your help guys. Have you contacted your local court to see if they would honor an out of state small claims ruling. Have you requested a posponement? Can you file an appeal in California and make them come there and fight it?
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#19
05-08-2007, 05:18 AM
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They don't want to take payments by the mail because they are operating illegally and they don't want to be traced. Moneygram, that's the other one you were thinking of, frogpatch. Not only do they want to charge exorbitant amounts of interest, but they want to penalize you after they can't access your bank account anymore by making you PAY to send them money!!! One of these places told my coworker that they could not even take Western Union or Moneygram because then they would have to pay someone to go pick the money up and that would just be too expensive for their company. Whatever.....I feel SO sorry for them!!!
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#20
05-08-2007, 05:31 AM
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Geneva Roth
It is months after I sent an email to these people revoking their ACH priviledges and they replied 3 times. "We cannot stop the ACH withdrawals, There will be three attempts each time." I just got a notice from my bank that they tried again. I would like to send them a letter telling them that I am filing with the Attorney General and the FTC against them but I can't find an address for them. I know they are registered in Utah. I can't call them because the first thing they ask is for my SS# to open my file. I don't want to discuss my case with some snippy little collection weasel. If I email them I just get the same response in weaselspeak. I anyone has ever corresponded with them please let me know. They operate under the name "Loan Point USA."
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#21
05-08-2007, 05:39 AM
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I wish I had contact info for them to give you. Hopefully someone will come along with that information. And for the record frogpatch, you crack me up. I mean that in a good way. "Snippy little collection weasel."
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#22
05-08-2007, 05:51 AM
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Its odd that they would have to sue you. I got caught up with them, and they sent my payroll dept. the voluntary wage garnishment that I never revoked. My payroll department just processed it, and while it was annoying, at least they are paid and I'm done with them. Did they try this route with you before suing you?
Loan Point USA is Geneva Roth. They are horrible, and nasty and will debit your bank account a million different times to try and get money..they will use different names, different amounts and it sucks.
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#23
05-08-2007, 05:59 AM
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Ok let me ask this question..it may seem dumb but Did you personally contact the South Dakota court systems? I mean not using the number sent on the paper you received in the mail? The reason I ask is because we have all seen these places stoop pretty low to scare people...
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#24
05-08-2007, 06:16 AM
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Quote:
__________________
Passion...it is born...and though uninvited, unwelcome, unwwanted...like a cancer, it takes root. It festers. It bleeds. It scabs...Only to rupture and bleed anew. It grows...it thrives...until it consumes. It lives...and so it must die....in time.
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#25
05-08-2007, 10:41 AM
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Yes i have contacted the courts and i have been able to get the original loan documents and it states
YOUR PAYMENT SCHEDULE will be: One (1) payment of $455.00 due on 1/12/2007, unless apply for and are approved to refinance your loan. To request refinancing you must apply and submit a deferral request at least three business days before your loan is due. We are not obligated to grant you deferral. You must meet our criteria beforwe a deferal is granted. On 1/12/07 Tremont took from my checking account $175.00 which i then called and asked them why they had not taken the full amount and they said because i had not called and asked them to and they said that they would take the full amount the next pay day of $455.00. I told her no you are not because i dont owe that much and she then told me that i had only paid the interest and that theyu would take the 455.00 the next payment if i wanted them to. I then closed my checking account and then denied them the wage attatchment my guess is that they will get a judgment against me because i have not paid the 455.00 then they will use the court judgment and send it to my employer and try and get them to do a wage attatchment ???? i am going to fight them though and send the balance that i owe and see if i can fight the court cost.
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#28
05-08-2007, 03:10 PM
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I also live in California and can tell you what I know about the PDL laws in our state: the max interest they can charge for starters is only 15 percent, which is why you see storefronts here only loaning $255 and having you write the payback check for $287.50.
I also believe the max that can be loaned, if I'm not mistaken is $300. I would also check the Dept of Corporations website to see if Tremont Financial is licensed or not. As a matter of fact, I am going to do that now...BRB.
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#29
05-08-2007, 03:20 PM
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Just went to the Dept of Corporations website for CA and have discovered that this company is not licensed to do business in California. Since you do not nor have ever lived in South Dakota, I would advise you to fight this with every cell in your being.
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#30
05-08-2007, 03:27 PM
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This is what they're gonna do . . . they file the lawsuit in SD knowing you aren't going to go there and fight it. Then they get a default. Now Tremont isn't going to do things properly which would mean to hire a California attorney and bring a second lawsuit to enforce the SD judgment. They're just going to send a copy of the SD judgment to your employer and ask him to garnish it from your wages. Since it's a court order, your employer won't want to run any risks so he'll probably just comply. At least that's what they're counting on.
So what should you do - 1) File your own small claims action against them in California for overcharging you. Since they went to court they waived any arbitration clause in your contract. Besides they won't even fight. In addition to money, ask for a court order "denying effect to any foreign judgment rendered regarding the alleged loan." (My brother in-law, the amateur attorney, came up with that phrase.) 2) Let your employer know what's going on. It may be embarrassing in the short term but it's better than them getting your paycheck. 3) File complaints with the California Department of Corporations as well as the AG. Corporations licenses deferred-presentment transaction providers and has gotten very aggressive over the last few years.
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