Help ASAP

Kentucky, right?

Seriously, exactly that..."we do not honor wage assignments as they are voluntary and not associated with a legal judgement or court order"

Here you go!

286.4-570 Wage purchases -- Assignment of compensation.

(2) No assignment of or order for payment of any salary, wages, commissions, or other
compensation for services, earned or to be earned, when taken as security for any
loan made under this subtitle, shall be valid unless the amount of the loan is paid to
the borrower simultaneously with its execution. Under any assignment of or order
for the payment of future salary, wages, commissions, or other compensation for
services given as security for a loan made under this subtitle, there shall not at any
time be collectible from the employer of the borrower more than ten percent (10%)
of the amount then owing the borrower for any such salary, wages, commissions or
other compensation for services.

Effective: July 15, 1982
History: Amended 1982 Ky. Acts ch. 53, sec. 5, effective July 15, 1982. -- Amended
1980 Ky. Acts ch. 107, sec. 3, effective July 15, 1980. -- Amended 1970 Ky. Acts
ch. 48, sec. 5. -- Created 1960 Ky. Acts ch. 204, sec. 17, effective June 16, 1960.
Formerly codified as KRS 288.570.
Legislative Research Commission Note (7/12/2006). In accordance with 2006 Ky. Acts
ch. 247, secs. 38 and 39, this statute has been renumbered as a section of the
Kentucky Financial Services Code, KRS Chapter 286, and KRS references within
this statute have been adjusted to conform with the 2006 renumbering of that code.

Ditto to what Volley said. How old is this loan Cann?

goudah, I like the legal talk, but what the hell is it saying???? I'm freaking here. You know how I get!

Also, in the Kentucky statutes about deferred deposit transactions it says this:

286.9-100 Procedures to be followed by licensees.

(9) No licensee shall require a customer to provide security for the transaction or
require the customer to provide a guaranty from another person.


Effective: April 14, 1998
History: Amended 1998 Ky. Acts ch. 601, sec. 9, effective April 14, 1998. -- Created
1992 Ky. Acts ch. 213, sec. 10, effective July 14, 1992; and ch. 341, sec. 10,
effective July 14, 1992.
Formerly codified as KRS 368.100.
Legislative Research Commission Note (7/12/2006). In accordance with 2006 Ky. Acts
ch. 247, secs. 38 and 39, this statute has been renumbered as a section of the
Kentucky Financial Services Code, KRS Chapter 286, and KRS references within
this statute have been adjusted to conform with the 2006 renumbering of that code.
Legislative Research Commission Note (7/12/2006). 2005 Ky. Acts ch. 123, relating to
the creation and organization of the Environmental and Public Protection Cabinet,
instructs the Reviser of Statutes to correct statutory references to agencies and
officers whose names have been changed in that Act. Such a correction has been
made in this section.

The first law means that wage assignments can only be used if they are executed at the time the loan is funded. Example: You borrow $200, and immediatly a wage assignment is given to your employer to take that money out of your check.

The second law, and it is for pdl's spceifically, says that they cannot take any security for the loan. A wage assignment is security.

So.... call me retarded. What?? Is all this saying they don't have to give them any money? I know we don't have to, I just want to understand what I'm replying to them. Sorry....retarded.

If the loan is illegal (since they are in your state) how would a wage assignment be legal?

Not retarded!

Yes, it is saying you don't have to honor the wage assignment. It is illegal for them to do a wage assignment on a pdl, per the second law I posted.

Oh, goudah. Thank you. You know I need it in "simple" terms! But I'm copying and printing out what you posted to back it up. This loan is ooooooooollllllddddd. And they never contacted me after I attempted to contact them. Never heard a single word from them. Ever. Months. Hell, I even filed complaints. However, they are overseas, so they don't give a damn. Now they're pulling the old "wage assignment" on me. I can't use the word I want to right now. Goudah, thank you with all my heart!

That's crazy, and really scary how they can just jump out at you after all these months.

Anytime Cannr! You know I'm here for you! [color=Red]Y[/color]

Thank you
Thank you
Thank you
Thank you
:shock:

Where'd you get the little heart from? I'm easily distracted............ Cute! Okay, back to freaking out!

Hey cannr...how old is the loan?

Compliments of goudah, I would say you are good to go!

Your welcome! I'm still looking to see if I can find anything else, but those two should give you good legal standing to not honor the assignment. Aside from the fact that the company isn't legal and it isn't a legal debt in the first place!

How in the world if they are illegal can they successfully garnish wages? I would think you could respond that all wage assignments have been revoked by the employee and follow up with the law above. I am like you, I cannot make heads or tails out of that legal mumbo jumbo.

Cannr - you should have given them your fax number at home or maybe one somewhere in Malta. Just to calm your nerves a bit. Play their games. Go smoke.

I found the heart when figuring out what to do for Mike's post.

You do this:

type a upper case Y

Select the Y

Go up to the font box, and select Webdings

Then select the whole thing of code and change the color to what you want.

[color=Blue]Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y [/color]

Like for that blue line of hearts I did this, just take out the *'s:

[color=*Blue]Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y [/color]

Cannr or Goudah which do you recommend that I do first...send the c & d's first or file the complaints 1st, and when filing the complaints who should I file with 1st?? NDBF, AG, FTC, BBB???

Cannr holy crap on just now hearing from these people. At least now I know the phrase no news is good news doesn't apply to this situation..keep your head up girlie!

I would file with the NDBF first. They have been taking a lot of action against these places lately. Then the AG, BBB, and FTC. Then send out the letters. But that's just my opinion, it doesn't really matter what order you do it in, as long as they all get done!

Reason I was concerned is that next thursday is payday...and we have the whole account closing on the same day they are supposed to go through. wasn't sure if i should send the letters before then.

Can you put a block on the account? I wouldn't send any letters to them until your bank account is protected. That will only prevoke them.

Motomom - They can't really legally garnish your wages. To legally do it they would have to go to court. But wage assignments are voluntary. You agreed to it in the contract. So employers will look at it as something you requested. Which is how they often end up going through. Or they will make them look like a legal document, and trick the employer into doing it.

Momtomom, that's what I want to know. How can they possibly think they can get away with a wage assignment or garnishment when they are illegal??

Eastside lenders just called to remind me that my payment is coming due next Thursday...

Sorry to reply so slowly Cannr. I was tied up here in the office. Goudah covered all the bases already though. I would fax or mail it back on company letter head. Sign it as HR department or something bogus. They can not get money from your company via a wage assignment unless your company does something stupid and does not know the documents are junk. Someone else asked about wage garnishment which is a different animal. Garnishments are assigned by a court so they would be legal and enforceable.

Exactly - And a lot of employers will look at it, think it's a legal document, and go through with it. That is what they are hoping will happen.

Dollars! Thank you! I'm typing up my "response" on company letterhead right now. Good tip. I owe you big time!
Goudah! Thank you! Now my document will look more official than theirs!

Lord, I gotta go smoke now.........

You don't know how much this means to me. Thank you so much! These dumb ass's. Doing this after months of me hounding them and revoking everything. Damn. Now I have to re-file another complaint.

I think I'll go smoke too!

I can't see for all the smoke. Guess if you can't beat them, join them. Going to smoke.

Smoke party! Smoke one for me.

Smoking is bad for you! Sorry... I've been told I'm a party pooper! But if you wish to smoke, then smoke one for me as I don't...

Cannr....that's it!! I am never going to work again...I miss too much when I am away!!! This working stuff is so unfair...LOL. I am sorry they did that to you though...glad you got it settled!!!

Cannr, I was out all day , and just read your post. first of all calm down. This is something that does not at all have to be honored. Did you ever tell your boss about all this PDL crap?Please be calm and dont get yourself sick over this. Realistically , you do know that you are safe

Cannr - OMG... This really sucked for you. I am so glad it was worked out and everyone came through for you. You are always on here helping us and I am happy to see you got the help you needed. :D roxy

OMG. You do not know how f'n freaked out I was! How many people have I advised to write that letter revoking any wage assignment? How many? And then BAM I get hit with one! Holy Moses! And I'll tell you what. Now that I have seen it first hand (and I'm kind of glad I did because now I know more! LOL!) it does look pretty "official". They send a letter (official looking) with all their information on it (illegal overseas address and all) and state for the employer to mail xxx dollars to the payment processing address (a US address) in full. Can you believe it? I was floored! Then they go on to say the employer is responsible according to the agreement the employee signed. Then they also include a statement (that you have never seen) stating that you agree to wage assignment and you agree to have your employer pay if you don't, etc. and then it says "electronic signature" and your name is at the bottom. All nice and official looking. No wonder these places fall for it! No where on the letter does it state anything about the loan, etc. It just states to mail xxx dollars in full to the mail processing center. You then have to read the actual Declaration of Wage Assignment. It does not state anywhere on there that it is mandatory or "by law" or anything of that nature. It actually is worded as "I" (you the borrower) authorize and request your employer to pay the amount due to the assignee and that you are saying "okay" to take it out of your paycheck to pay the employer back. So, it is not stating YOU HAVE TO PAY THIS BY LAW. No. But you have to read it very carefully, word for word, to understand what they are saying. So, at dollars advice, it was typed up nicely on company letterhead. A two page letter stating the laws that goudah so graciously posted for me. Also stating that we have a copy of the letter revoking the wage assignment by me, stating that we are aware of the fact that this company is unlicensed/illegal and located overseas and that this was verified by our state officials. It also stated that we are aware of wage assignments and that they are voluntary and that we do not honor them. It also stated that we forbid them to contact our company again regarding this matter or to contact me at my employment regarding this matter or legal action will be taken. One the letters they faxed over, in big black letters was written WE DO NOT HONOR WAGE ASSIGNMENTS. I think this should do it. I faxed it back as soon as it was complete. Seeing as how they're illegal anyway, it was just to cover my ass (again) and also keep my employer out of it. Also, I wanted to point out that we are all not stupid and knew what was up (thank you goudah). And I also wanted to state not to contact my employer again. Now........ to get the damn one that they put in the mail. Gotta keep "mail watch" for awhile now. Lord have mercy...........

Cannr - You go!!! I would have been freaking out myself. You are amazing..... :wink: Roxy

Keep a copy of the letter that you sent. You never know when one of us might need it. :lol:

Oh, pyb.... You know I have a copy. I will make 40 copies. I will frame it and hang it on the wall. I will mail it to the President of the United States. LOL! :lol: If anyone else EVER gets one of these sent to thier employer, at least I now have something to use to help them. For all this nasty mess that almost caused me to go to the E.R., at least something good comes out of it. Something else found as a "learning experience" to help others if needed! Lord, I don't want any more "learning experiences"! Hell, I thought I was hit by it all. Nope. LOL! :lol:

Not trying to upset you by any means, just a little "experience" with the whole "wage assigment" nightmare I have endured, please keep in mind I live in Illinois so things may be different. I live in a small town but my HR dept is in another state because I work for a very large company, I had signed a "voluntary wage ASSIGNMENT" and this was with a internet installment lender (stupid,,stupid, and did I say STUPID?) well anyhow I tried to make arrangements to negotiate a lower payoff in full, which they did not accept, they immediately faxed the wage assignment to my employer which my employer has it's own legal department for that sort of stuff and although I certified/return receipt mailed the revocation to the creditor and my employer, my legal department (I also consulted an attorney) stated they had to honor the assignment because my signature was on it and if they did not then they would be responsible for the entire amt of the debt. The only way they could "release" it was with a written letter from the creditor.... SOOO, be careful, very careful. I am hoping your state laws are different. I am in NO way trying to scare anyone, I am just letting you know my experience,, now that my wages are being garnished.. FROM A DAMN WAGE ASSIGNMENT, not a GARNISHMENT, which I fought tooth and nail with my employer and it got me NO where, other than they are taking 15% of my wages! BUMMER for now, but not for long. Left me no other choice but the inevitable... Bankruptcy! Good luck and I wish you nothing but the BEST!

canner: put your employment as MacDonald and SOn and I will take care of this myself. Put your work number as 317-835-7014. Just let me know what your legal name is that these people have and I will tell them you no longer work for me. I will help you out no matter what cause you have done so much for me with my problems. Every good deed does not go unpaid!!!

Thanks, roo! :D
cindysunshine - I know of your troubles regarding the wage assignment. You were flashing through my mind the entire time! However, this wage assignment does NOT vary from state to state. This wage assignment very specifically states that this is a "voluntary" wage assignment. And the document that has your electronic signature on it states that you "authorize and give permission" to your employer to pay it. It does NOT state that they are responsible for the debt. It does not state that they must honor it. It states nothing of the fact at all. It is there, plain as day, if your employer/payroll department/legal department actually sat down and read every single word on those letters they were sent. Big company/small company. Doesn't matter. They did NOT have to honor that wage assignment. I'm still pissed over them giving an illegal pdl your money. It not not a "legal document". And, they cover their ass, it does not state they HAVE to pay the debt. No, no, no. And the paper with your "electronic signature" is just saying you "give permission" to your employer to pay the debt (in other words, this is optional here!) and that you would pay them back. I swear to you, cindy, I'm looking at mine now. It wouldn't stand up in a court of law if you took action against your employer (well, to me it wouldn't!!). It is just "giving permission". That's why it is totally voluntary by your employer. Do you have the documents that they sent to your employer? If you do, read every single word slowly. That's what I had to do. You will see what I mean. Your employer is a friggin dumb ass. cindy, I don't mean any of this towards you at all. I'm still pissed at your employer. If they had read this carefully, they would know that it was voluntary. They did not have to abide by it. And I know it's a large company, but they have a bunch of dumb**** there.


[color=Red]****Adult term removed - Jason[/color]

cindy-Not that this makes it legal or not but just curiosu, Did you actually sign yours....with your real signature or was it an eletronic signature as cannr mentioned hers had on it?

volley, hers also would have been an electronic signature, as these were internet loans. :D And like you stated, doesn't matter anyway. Regardless, it is still "voluntary". It says so on the damn paperwork. Her employer is an idiot. I feel bad for cindysunshine.

Cannr-Ahh, ok. I was just curious if they might have had her print/sign/fax or something because she states "...my signature was on it".

The are abusing e-sign...e-sign is widely used and REGULATED in the student lending industry and I think too many companies are thinking that its just ok to use...its not! Especially on ILLEGAL documents!

WOW! Cannr...you had quite a day. I just read through the post and now I have to go smoke!!! That is scary! Just keep watch and intercept EVERYTHING! Now I'm going to be watching out big time. How long did it take for them to make contact regarding wage assignment?

Cannr, If it helps i will Pm you my # at work, and i can say i am your Hr dept. I will do and say whatever i can to get you out of this mess. I am here if you need me

You need to fight this and don't let them garnish your wages. Cash transfer centers are the same as Sonic Payday and i had the same problem with them they sent my employer a wage assignment and I revoked it but no matter what i did my employer honored it and my wages are being garnished right now. You need to fight it and don't let it happen these are voluntary wage assignments and they don't need to be honored. My friend that works with me had the same problem and cash transfer center was going to send an assignment for her and instead she contacted them and sent them the funds western union. Fight it don't let them get away with this!! Good Luck !! They love to send wage assignments!!

Wage assignment laws vary from state to state. Some state flat out outlaw them.

Once a wage assignment is sent to the employer, it can no longer just be revoked voluntarily. It would have to be revoked before the employer recieved it. That is why it is so important to revoke these things asap, and keep a copy as proof in case they try to put one through anyways.

Cannr....I missed this whole dramatic mess. Sorry I wasn't here to offer support. I'm hoping things are better now, and you've been able to get this illegal company to stop badgering you. :cry: