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Can a PDL garnish wages without a court order?

Date: Wed, 11/29/2006 - 14:48

Submitted by anonymous
on Wed, 11/29/2006 - 14:48

Posts: 202330 Credits: [Donate]

Total Replies: 13


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!


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.


lrhall41

Submitted by ricjil on Wed, 11/29/2006 - 15:30

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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.


lrhall41

Submitted by Cow & Chicken on Wed, 11/29/2006 - 16:20

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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.


lrhall41

Submitted by SUEBEEHONEY70 on Wed, 11/29/2006 - 16:45

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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.


lrhall41

Submitted by Lorri on Wed, 11/29/2006 - 17:02

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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.


lrhall41

Submitted by DebtCruncher on Wed, 11/29/2006 - 22:12

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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!!!!


lrhall41

Submitted by on Thu, 11/30/2006 - 06:18

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A wage assignment letter can be as simple as this:

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


lrhall41

Submitted by DebtCruncher on Thu, 11/30/2006 - 21:53

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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/


lrhall41

Submitted by on Sat, 12/02/2006 - 06:19

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