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Garnishment

Date: Mon, 10/01/2007 - 10:00

Submitted by hvn_sent
on Mon, 10/01/2007 - 10:00

Posts: 218 Credits: [Donate]

Total Replies: 98


Does an out of state creditor have to file in your state of residence or their place of business?


you know it.. we could get Hannity and Combes in on it.. Greta , and even .. Lord I am gonna say this...

Bill O'Reily......
he could just slam them ..

how can a suggestion be presented to the media to do something about exposing the shady Internet Payday Loans??? and Jackson Phillips...I forgot I would like to see them go "down down down.. way down to china town"..

sorry.. I had to use that quote..


lrhall41

Submitted by lorim1971 on Tue, 10/02/2007 - 12:03

( Posts: 172 | Credits: )


I found a contact email for CBS 60 minutes.. I am sure this is the millionth email they got, but I said:

Have you thought of doing a story on Internet and Store Front Payday Loans and how it is destroying the middle and lower class with predatory tactics and high( way over 100 %) apr.

There are millions on the internet and shady scams that draw lower income families in.

I would think that it would be a great story to expose these frauds who are not licensed to do business in the states that they do, and how families are losing homes, vehicles and unable to pay bills , that turn to these " payday lenders " for assistance , because no one else will help, and in turn get sucked into a cycle of debt. and lose more than they bargained for.

I think with the economic status of this country ,the current gas prices, the current prices of groceries, layoffs, etc, the people of this nation need to be told these kinds of lending is not the answer,they are the root of evil, and they need to be put of business.

here is the email address I used...60m@cbsnews.com


lrhall41

Submitted by lorim1971 on Tue, 10/02/2007 - 12:16

( Posts: 172 | Credits: )


I agree, I am so, so , so glad I found this site.. Everyone is so helpful and willing to help you with any question you have no matter the littlest,craziest, etc...

:hug:

I know I am Thankful for the advice. I am willing to always chime in on something I have knowledge of.. though I havent seen any questions about prostiti---.. haha kidding..I know nothing about that. really.

:lol:


lrhall41

Submitted by lorim1971 on Tue, 10/02/2007 - 12:42

( Posts: 172 | Credits: )


dlaw, this is by far NOT a stupid question. This is a very IMPORTANT question! And, thank you for asking! A wage assignment is something that some pdl's have you sign. You may/may not be aware if you've even signed one. That's why it's important to revoke any wage assignment you may have signed when you are revoking their debit authorization. The main ones that do a wage assignment are the overseas illegal ones. A wage assignment is a VOLUNTARY thing. What they'll do, is if you don't pay them, they will send your employer a wage assignment. This is really just an incredible thing. But some employers actually honor it. A wage assignment states that you have "given permission" to your employer to pay this debt. And you have given your employer "permission" to pay it. It is TOTALLY VOLUNTARY. Your employer does NOT have to honor it. It's actually illegal in some states. So if you have any illegal pld's that are overseas, make sure you immediately send them a letter revoking any wage assignment you may have signed. Email it/fax it/ mail it certified. Keep a copy for yourself. Give a copy to your payroll person. They will try to sneak one in anyway, so you'll be covered. It doesn't hurt to "educate" your employer that these are VOLUNTARY and do not have to be honored. Please note that. A wage "garnishment" is legal; however, they would need a court order to get a wage "garnishment". The illegal companies most likely won't do this (as they are illegal). But watch for the wage assignments. If you have ANY questions regarding them, just post. We've got info. for you! :D


lrhall41

Submitted by cannr on Tue, 10/02/2007 - 21:34

( Posts: 9317 | Credits: )


I din't know what a 'wage assignment' was, either. Thanks for letting us know. In different letters, I have recieved from CA's, about unpaid PDL's, it states, " we are willing to take payment arrangements. We've decided NOT to 'attach your wages'". As high as some % rates are, for PDL's, I din't think they could ( legally, anyway) actually take ALL of that %, from a paycheck. I DO know some PDL's, that are licensed in the state of PA, can only take the % rate, that is 'statued by law in the state in which you live'.


lrhall41

Submitted by sdchargers_63 on Wed, 10/03/2007 - 00:40

( Posts: 1798 | Credits: )


FYI - if you find yourself attempting to set payment arrangements and the PDL wont accept them; if they threaten with a garnishment (legal) it may be more advantageous (sp) for them to accept your arrangement. Some states have a cap of 10% while others law reads that the garnishment can be attached after 'living expenses' (ie rent/food etc). The legal PDL may end up receiving far less then they anticipate or decide its really not worth the legwork. They are just nasty & think they can intimidate you. You may be able to convince the PDL to take the $ you are offering (IF it's a legal PDL to begin with).


lrhall41

Submitted by hvn_sent on Wed, 10/03/2007 - 05:36

( Posts: 218 | Credits: )


Wage assignment is legal in all states but please understand that it IS voluntary!! Unless the creditor has a judgement u can revoke any wage assignment and that's the end of that!
Hope this helps u to understand a bit better! Also, the thread up above is a great read!
Ang


lrhall41

Submitted by Ang on Wed, 10/03/2007 - 06:32

( Posts: 2306 | Credits: )


Also, that states that allow them have requirements that must be met for the assignment to be considered legal. Usually this is something like:

1. Wage assignment must be on it's on sheet of paper. (Usually the pdl's will just put a clause somwhere in the contract burried deep so it isn't seen.)

2. The words Wage Assignment must be a certain size on the page, so that it is easily seen. (No pdl does this either, since they don't even put it on it's own page)

3. Must be signed in person. (Most pdl's use your electronic signature)

4. If you are married your spouse must consent. (No pdl requires your spouse to sign too)

These are just some of the normal requirements for wage assignments. See the thread PDL Investigator mentioned above for some more information. There is even some information about how a legal company goes about using wage assignments. It's like night and day from how a pdl uses them . . . .


lrhall41

Submitted by goudah2424 on Wed, 10/03/2007 - 06:51

( Posts: 7935 | Credits: )


Ya know goud this made me once again think of Kate... so her employer did indeed allow a wage assignment from a pdl and she's now finished paying them off completely! She's also in FL!!
So, she got double whammied huh? Not only did they allow the wage assignment AFTER she revoked it but they're not even legal in her state???
WOW!
Thanks for the info,
Ang


lrhall41

Submitted by Ang on Wed, 10/03/2007 - 06:52

( Posts: 2306 | Credits: )


Ok I may have misread Cannr's post, where she said it was illegal in some states. I just thought if that was the case, maybe I could have that to add to my stack of paperwork on my case....

I agree it was a good link, I also though like what Goudah had to say about the uneducated HR people.

My thing is that I do not have any emails or paper work to go back on,I did apply but they money came from others who was not who I applied with in the first place, but the accounts are now sent to collections (arm and jackson phillips), and if I was to make my payroll dept (which is like a couple of people) even slightly aware of what was going on.. I dont even think they would :

a-understand what I am telling them,
b- they can be kind of "upity" (sp?) if you get my drift and give me some flack over it,
c- they have it pretty good, so I doubt they would even know what a Paydayloan is.


lrhall41

Submitted by lorim1971 on Wed, 10/03/2007 - 06:54

( Posts: 172 | Credits: )


awesome. Thank you . well you know earlier in this thread you said it was a low chance of the pdl company trying to enforce that wage assignment, since they sent it out to collections already so .. now I have more proof.
I keep it all in the event I have to use it. like I said in the previous post, I don't mention anything to my Payroll dept. they just wouldnt get it.


lrhall41

Submitted by lorim1971 on Wed, 10/03/2007 - 08:08

( Posts: 172 | Credits: )


Here is NY law about wage assignments:



What this means is that wage assignments are legal in NY, but in order for them to be valid, they would have to be done at the time you took out the loan. For example, you borrowed $200, and agreed to pay it back through a wage assignment. Once you recieved the $200, the creditor would immediatly give your employer the assignment.


lrhall41

Submitted by goudah2424 on Thu, 10/04/2007 - 06:50

( Posts: 7935 | Credits: )


Thank you, goudah. First of all, for clarifying my post, which obviously confused some people and then seemed to put others in a frenzy as to if they are legal/illegal in their state. Guys, as we keep stating, wage "assignments" can be revoked. Do it as soon as possible. Do it BEFORE the pdl has the opportunity to send it to your employer. Do it for every single pdl that you have. Do it if pdls are legal/illegal in your state. Just do it. Revoke any and all wage assignments you may have signed. Do it for every one of them - even the pdls you know you didn't sign one on. Just revoke it from everyone. Send it to the pdls every way possible (especially certified). Keep a copy of it. Give a copy to your employer. Also, educate your employer. Goudah has posted certain states on here regarding wage "assignments". Print it out. Put it with your revoke letter. Give it to your employer. However, please do not assume they will not attempt to do a wage "assignment" on you anyway even though you have revoked it. Sneaky. You need every piece of documentation possible and you need to cover your a$$ in case they do.


lrhall41

Submitted by cannr on Thu, 10/04/2007 - 10:15

( Posts: 9317 | Credits: )


Thanks much for posting the VA law regarding wage assignments. I found out from the Bureau of Financial Institutions that, in order to do business in VA, a pdl must be licensed. I found out that none of my Internet pdls are licensed in VA. Does this mean that these loans are illegal, even if they were made over the computer...and that they can't legally ask for a wage assignment in VA...even after I send a letter revoking it? I am getting ready to send out letters to the ipdls....and to complain to the BFI....any advice on this would be great! Thanks!


lrhall41

Submitted by dlaw on Wed, 10/10/2007 - 13:15

( Posts: 4 | Credits: )


Send your letters. Revoke any wage assignment you may have signed. You owe only the principle amount. Not their outrageous amounts they state you owe. :wink:


lrhall41

Submitted by cannr on Wed, 10/10/2007 - 13:23

( Posts: 9317 | Credits: )


I have a pdl that i offered to pay in installments and they said they would not except that I sent them a revoke letter for wage assignment and know I get an email saying they are sending my employere a court order on a specific day which would be 10 days from the email. don't I get contatced from the court first? I am in NY


lrhall41

Submitted by on Tue, 04/07/2009 - 13:46

( Posts: | Credits: )


That is bullcrap. They are lying.

PDLs are prohibited in NY. They can't get a judgement against you as they are illegal.

Make sure your employer has a copy of the wage assignment revocation.

What is the name of the PDL? How much was the loan for and how much did you pay back including any fees or rollover charges?


lrhall41

Submitted by nohiogal on Tue, 04/07/2009 - 14:09

( Posts: 2582 | Credits: )


Quote:

they are sending my employere a court order on a specific day which would be 10 days from the email. don't I get contatced from the court first? I am in NY


LMAOOOOO at these clowns. What are they smoking with that threat!

They will get blasted for trying to sue you in court. They will be fined out the whazoo for lending to a NY resident :lol: You should sue them for this blatant lie!


lrhall41

Submitted by Cool_Abyss on Tue, 04/07/2009 - 15:25

( Posts: 2936 | Credits: )