My husband got his paycheck and found wage garnishment

Date: Fri, 02/09/2007 - 05:49

Submitted by lauriemomm
on Fri, 02/09/2007 - 05:49

Posts: Credits: [Donate]

Total Replies: 4

my husband has recently gotten in a little over his head with payday loans, everything has snowballed out of control, so we have chosen to file bankruptcy, our attorney has adviced us to not pay anymore since we are going to file bankruptcy. My husband got his paycheck and found out that there was a 473.50 wage garnishment, the exact amount owed to one of these payday loans. we didn't know anything about this garnishment and now we are in a real big bind. My question is, can they do this? just take it out and never let you know they are going to?

Welcome to the forum. What state do you live in? Are these inte

Welcome to the forum. What state do you live in? Are these internet pdls or storefront? Did you receive any calls or paper work regarding a wage assignment.

lrhall41

Submitted by Colleen H Carrocia on Fri, 02/09/2007 - 06:31

( Posts: 1117 | Credits: )

i live in wisconsin, these were internet payday loans and we rec

i live in wisconsin, these were internet payday loans and we received absolutely no calls or paperwork regarding the garnishment

lrhall41

Submitted by lauriemomm on Fri, 02/09/2007 - 07:35

( Posts: | Credits: )

Be sure and tell your bankruptcy attorney about this. He should

Be sure and tell your bankruptcy attorney about this. He should be able to contact the lender and get that money back. Also, was the company that took it out one of the ones listed in your bankruptcy? Has your attorney already filed? If so, these companies should have received letters stating that they are to not contact you and that you are intending to file bankrutcy against them. Once they get that letter, every attempt to collect must stop! THe only person they can talkto about your debt is your bk lawyer.

lrhall41

Submitted by swedishgirl on Fri, 02/09/2007 - 09:37

( Posts: 326 | Credits: )

This is a wage assignment, NOT a garnishment. Legally, the HR de

This is a wage assignment, NOT a garnishment. Legally, the HR dept is not REQUIRED to give him the paperwork on this, although ethically they should've. The reason they didn't have to give you the paperwork is because it is a "voluntary" wage assignment, meaning at some point in taking out the loan your husband signed..probably digitally..An agreement to have the debt volunarily withdrawn from his wages in event of a default. In using the assignment, the creditor does not have to provide you with a copy of the document..Because you should already have it in your loan documents.

I'm sorry, but this is completely legal, and I doubt you will be able to get your money back. A wage assignment can always be revoked by a simple letter as well as a letter of defense to HR. If your husband has other PDLS please send revocation letters out to all of them. They don't have to be fancy, simply tell them that you no longer authorize any wage assignments. Also send one to your HR dept, make sure you say "any and all wage assignemnts" to HR..Make sure you DATE IT!!! This will keep nasty surprises away in the future..You can still be deducted for an assignment even if you are in Bankruptcy, because it is NOT a garnishment, it is voluntary.

I'm sorry if this is confusing..Please pm me if you have any questions about this.

lrhall41

Submitted by finsfan13 on Fri, 02/09/2007 - 20:10

( Posts: 6919 | Credits: )