Payday Loan Misery

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 :)

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.

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?

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

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.

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.

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.

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. :)
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.

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.

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

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...

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.

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.

Here are the laws regarding payday loans for Connecticut:(just select your state),

http://www.debtconsolidationcare.com/paydayloan/explain-pdls-laws.html

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.

Smells of the worst kind of fish!

Very fishy!! Something about this seems really suspicious. This is a nasty law firm they have hired to do this.

I agree, Steelers. I wonder if this company has their own "State Marshall" now that they send around to pass out their "wage garnishments."

Ah the law is on your side! These loans are all illegal! Contact the Connecticut Dept of Banking on all of these companies esp that one that is trying to garnish your check...No way in hel_l that is legit! Not one way!!!!!!!!!!!!

Since payday loans are illegal in your state, I would also send these places a letter. There's a PDL template letter if you do a google search for pollyandsay's blog. That will give you an idea what to put in the letter. Definitely let them know that you are aware they are operating illegally in your state. Also contact your attorney general. He will be very interested in the fact that they are doing business with you. Let these companies know that you have contacted your AG. Demand that they mark your account paid in full. Good luck.

I agree dbaker, and I believe that inpersonating any type of government employee such as a state marshall is very illegal. Forgot to mention pollyandsays letter on her blog. I agree they should utilize that letter and use it as a guide to demand they settle the account paid in full.

That was my first thought, that if they are pretending this is really from the state, they could really be asking for big trouble. There is no way that this is legit, or legal!

It isn't. I know it isn't. Don't let these apes take advantage of you! Fight back. Fight back.Fight back. They figure that they can take advantage of people cuz they dont know any better!

I had no idea that pdls were prohibited in CT. Had I known I would never have done it. However I am still going to call the Superior Court House and find out the why's. Perhaps it is because Great Seneca is in MD that they are able to bypass certain laws regarding garnishment. I'm still going to call and find out.

Hey KS, I didn't realize that you were in CT! I am too. I've been having a hard time as well, with Westbury, as well as GFS! I've filed complaints with the CT Dept. of Banking and haven't gotten any sort of response. I haven't heard from Blumenthals office either.

GO to www.annualcreditreport.com and look at your report from all three agencies, you will then be able to see if you have a judgement against you. If there has been a judgement, you would've been notified. Appeal the garnishment order!!! do you have proof of the money that you've paid to great seneca? if so fax that as well as the appeal!!

The state marshal would have had to state his name, does anyone have his name? you could find out if he is really a state court marshall.

KS - more stuff:

[quote]A Guide to Wage Attachments

Can money be taken out of my pay if I owe a creditor money?

Yes, BUT ONLY after you are sued and a court judgment orders you to make payments. This means, the following things have to happen:

A creditor sued you. (A creditor is someone who says you owe him/her money).
You received the court papers in the official way. This means the creditor:

Arranged for a a marshal (formerly sheriff) to hand deliver the papers to you or leave the papers where you live (usually done by leaving the papers with someone in your household or putting the papers under your door).

Mailed a copy of the court papers if you were sued in Small Claims Court.

A judge decided that the creditor won the lawsuit and that you owed the creditor a certain amount of money.

You missed making at least one of the weekly payments that a judge ordered you to make.
Once these things happen, the creditor can get a court order forcing your employer to take money from your wages to pay the debt(s). The court order is called a "wage execution," "wage garnishment" or "wage attachment."

Your employer must give you a copy of the wage execution order as soon it is received it from the court. You have 20 days from the "date of service" written on the wage execution form before any money can be taken out of your pay.

As soon as you have the execution form,
Make sure your employer is not taking too much out of your pay. Ask your employer to show you how they came up with the amount to be taken out.
Current state law says that your employer must leave you with at least $296 to take home each week or 75% of your take home pay each week, whichever is more. If your weekly take home pay is $296 or less, nothing may be taken out of your pay for the wage execution. (See "Special Rules on Child Support).

Even if the amount is correct, ask the court to lower the amount if you cannot afford to have that much taken out. (See next question).
Ask for an "exemption" by completing the form your employer gives you (Exemption & Modification form). Exempt wages are those that cannot be taken out of your pay. (See "Important Facts" item #2 in this pamphlet).
It is best if you do these things within 20 days of your employer receiving the court order.
How do I ask the court to lower the amount or ask for an exemption?
Fill out the Exemption & Modification Claim form and file it with the court.
If you file the form after the 20-day period, the original amount the court ordered will be taken out of your pay until (1) a hearing is held and the judge orders another amount or (2) the parties come to an agreement.

If you file the form within the 20-day period, no money can be taken out of your pay until a hearing is held and the judge makes a decision.

The Court Hearing
A hearing will be held in court so you can explain to the judge why you need less money taken out of your pay. Before the court hearing, prepare a basic budget which shows how much money you need to support yourself and your family. Explain the size of your family, your debts, and unusual expenses.

You may want your own attorney if you did not get the legal papers or you do not owe the debt.

Special Rules for Wage Attachments for Child Support:
The rules are different for child support. For more information, call Statewide Legal Services (1-800-453-3320).

In child support, the wage attachment is done through a "Withholding Order For Support" (rather than a "Wage Execution").

If you earn $145 or more per week, you have to be left with $123.25 per week. If you earn less than $145 per week, you have to be left with 85% of your income. This minimum amount is called an "exemption". (For example, if you earn $130 per week, you must be left with $110.50 per week).

If you are in court when the wage withholding is issued, the court will explain out loud about your right to the minimum exemption amount. If you are not in court, a notice must be sent by certified mail to your last known address.

You can ask for a hearing within 15 days of getting the notice (or finding out about the withholding if you did not get a notice) and claim either that:
(1) It was a mistake for the order to enter against you, or
(2) You have not been left with the minimum exemption.

Note: If the amount of a child support order is more than the amount ordered taken out of your pay, you must make sure the full amount of the support order is paid. If the full amount of support is not paid, you will still owe this back-due support (called an arrearage). You might think about asking the court to change the child support order. (See the legal aid pamphlet, How to Modify Child Support).

Important Facts

1. You should see a lawyer the day you get the legal papers so he/she can help you. There may be laws that the lawyer can use to reduce the debt.

2. If you are receiving welfare and are also working under a work incentive earnings or similar program, none of your wages may be taken by a wage attachment. You must tell this to the court or else money will still be taken from your wages.

3. You should be left with 40 times the minimum wage to take home unless the withholding is for child support. (See Special Rules for Child Support above.)

4. You cannot be fired or otherwise disciplined simply because your wages have been attached, unless more than seven executions are served on your employer in a calendar year.

For more information call Statewide Legal Services at 1-800-453-3320 or (860) 344-0380. [/quote]

I googled "ct wage garnishment"

KS - more stuff:

[quote]A Guide to Wage Attachments

Can money be taken out of my pay if I owe a creditor money?

Yes, BUT ONLY after you are sued and a court judgment orders you to make payments. This means, the following things have to happen:

A creditor sued you. (A creditor is someone who says you owe him/her money).
You received the court papers in the official way. This means the creditor:

Arranged for a a marshal (formerly sheriff) to hand deliver the papers to you or leave the papers where you live (usually done by leaving the papers with someone in your household or putting the papers under your door).

Mailed a copy of the court papers if you were sued in Small Claims Court.

A judge decided that the creditor won the lawsuit and that you owed the creditor a certain amount of money.

You missed making at least one of the weekly payments that a judge ordered you to make.
Once these things happen, the creditor can get a court order forcing your employer to take money from your wages to pay the debt(s). The court order is called a "wage execution," "wage garnishment" or "wage attachment."

Your employer must give you a copy of the wage execution order as soon it is received it from the court. You have 20 days from the "date of service" written on the wage execution form before any money can be taken out of your pay.

As soon as you have the execution form,
Make sure your employer is not taking too much out of your pay. Ask your employer to show you how they came up with the amount to be taken out.
Current state law says that your employer must leave you with at least $296 to take home each week or 75% of your take home pay each week, whichever is more. If your weekly take home pay is $296 or less, nothing may be taken out of your pay for the wage execution. (See "Special Rules on Child Support).

Even if the amount is correct, ask the court to lower the amount if you cannot afford to have that much taken out. (See next question).
Ask for an "exemption" by completing the form your employer gives you (Exemption & Modification form). Exempt wages are those that cannot be taken out of your pay. (See "Important Facts" item #2 in this pamphlet).
It is best if you do these things within 20 days of your employer receiving the court order.
How do I ask the court to lower the amount or ask for an exemption?
Fill out the Exemption & Modification Claim form and file it with the court.
If you file the form after the 20-day period, the original amount the court ordered will be taken out of your pay until (1) a hearing is held and the judge orders another amount or (2) the parties come to an agreement.

If you file the form within the 20-day period, no money can be taken out of your pay until a hearing is held and the judge makes a decision.

The Court Hearing
A hearing will be held in court so you can explain to the judge why you need less money taken out of your pay. Before the court hearing, prepare a basic budget which shows how much money you need to support yourself and your family. Explain the size of your family, your debts, and unusual expenses.

You may want your own attorney if you did not get the legal papers or you do not owe the debt.

Special Rules for Wage Attachments for Child Support:
The rules are different for child support. For more information, call Statewide Legal Services (1-800-453-3320).

In child support, the wage attachment is done through a "Withholding Order For Support" (rather than a "Wage Execution").

If you earn $145 or more per week, you have to be left with $123.25 per week. If you earn less than $145 per week, you have to be left with 85% of your income. This minimum amount is called an "exemption". (For example, if you earn $130 per week, you must be left with $110.50 per week).

If you are in court when the wage withholding is issued, the court will explain out loud about your right to the minimum exemption amount. If you are not in court, a notice must be sent by certified mail to your last known address.

You can ask for a hearing within 15 days of getting the notice (or finding out about the withholding if you did not get a notice) and claim either that:
(1) It was a mistake for the order to enter against you, or
(2) You have not been left with the minimum exemption.

Note: If the amount of a child support order is more than the amount ordered taken out of your pay, you must make sure the full amount of the support order is paid. If the full amount of support is not paid, you will still owe this back-due support (called an arrearage). You might think about asking the court to change the child support order. (See the legal aid pamphlet, How to Modify Child Support).

Important Facts

1. You should see a lawyer the day you get the legal papers so he/she can help you. There may be laws that the lawyer can use to reduce the debt.

2. If you are receiving welfare and are also working under a work incentive earnings or similar program, none of your wages may be taken by a wage attachment. You must tell this to the court or else money will still be taken from your wages.

3. You should be left with 40 times the minimum wage to take home unless the withholding is for child support. (See Special Rules for Child Support above.)

4. You cannot be fired or otherwise disciplined simply because your wages have been attached, unless more than seven executions are served on your employer in a calendar year.

For more information call Statewide Legal Services at 1-800-453-3320 or (860) 344-0380. [/quote]

I googled "ct wage garnishment"

Apparently.....this Wolpoff and Abramson law firm also operates in Georgia, MA, Glastonbury, VA (which I found really odd because my papers said Glastonbury, CT)....

There is a regional office located in glastonbury CT. could just be a shell office. I'm looking into thsi further.

The State Marshals name as stated on the envelopeis Sanford E. Sheftel 370 Brownstone Ridge, Meriden, CT 06451. I am going to post this in the genral thread as well. However..........this Wage Execution was sent by Certified mail (return receipt required) which means it was not delivered in person as I know State Marshals usually do. I've had a few stints in Housing Court and have always seen the Marshal hand deliver their stuff.

However.....acording to the Wage Garnisment information.....they can still mail the execution papers??? But to my home, not the Payroll department of my job!!! They were actually maild to my resteraunt..not the corporate headquarters. I believe that i am still entitled to a hearing before they can do that since I haven't missed a week's worth of "court ordered payments" since I was never in court. Yeesh these jerks are reallly grinding my gears.

educationcenter2000.com/legal/wolpoff_defense.htm

check that out

And apparently this matter did go to Small Claims

ok that marshal sheftel, is legitimate.

Were you notified of an small claims court date?

I was not notified of a small claims court date.

I was not notified of a small claims court date. The papers were sent to an address that I lived at two years ago and was not the address that these companies have.

Be that as it may...legitimate marshal or not, the PDLs are still illegal in CT and it seems from what I've read that they can't enter a judgement against my wages for the monies they believe I owe them.

Then you should show up with a copy of your state's laws in hand and your bank statements of how much you have paid as your defense.

Deffinetely. With everyone's insight on this forum, I have a much better idea on how to deal with this. Thank you.