Garnishments

In order for your wages to be garnished, a company needs a court order. Were you served? Is there a judgement against you?

If you were not paying per the contract, then yes, the company can still sue you and get a judgement. They could then garnish your wages if you state allows it.

But rarely will a company sue you if they are receiving payments.

I have not been served, but wanted to see if it is legal for a payday advance company to seek garnishment if you are making regular payments to pay off a balance owed to them due to not being able to pay in full at time loan was due.

It is legal for them to do so. If you are not paying per the original contract, then the company can sue.

Question - Is this an internet pdl or a storefront?

No, I have about 6 outstanding pdl's at this time and my husband lost his employment so we are in a pickle. I have contacted them all to explain the situation, some are nice enough and will allow me to make payments, others, Cashland in particular, have been harassing and nasty. They leave me messages daily stating you know who this is and you know what I want.

Cashland is a storefront, right? Are the other 5 storefronts too? Or off the internet?

2 are store fronts and the rest are internet

The storefronts would be able to sue . . . . But they usually won't unless you are not communicating with them and they think you are running from the debt.

What are the names of the internet companies you are dealing with?

Cashnet USA
JD Marketing
National Cash
Payday Loan Yes
Rapid Cash Management
World WIde Cash

Cashland is being absolutely NASTY to me. It was them who dropped the communication ball. I went in to the store to speak to the manager, she was not there. I left my name and number, no call. I called and the manager was with someone, again left my name and number - no return call. I then sent a letter - no response. Then their collection department started calling and she is very rude. She interrupts me when I am talking, she leaves me messages saying you know who I am and you know what I want. Is this considered harassment as I have saved the message if needed for future reference.

What state are you in?

Cash Net USA is going to be legal. The other ones probably aren't going to be legally licensed.

Ohio

What do you mean licensed? How does that differ from ones that are?

When a company isn't licensed to lend in Ohio, they are not operating legally. They are probably charging you more then the law allows too.

This gives you room to negotiate. If you've already paid the legal amount owed, you can request they mark your loan paid in full.

Can they haggle me for the fees? For instance I borrowed $200 from WOld Wide Cash with an $89 fee. THey have taken $89 from my account 3 times. I asked them to settle for the remaining $22 and this is what they sent back to me:
Hello Carolina , Thank you for your recent email. Your balance is 289.00 the processing fee of 89.00 does not act as a pay down, what it does it extends your loan until your next pay date carrying your balance to your next pay day, and viewing your account your paid weekly Friday????????s, now until your ready to make payment in full of 289.00 our company will debit your checking account every week of 89.00 until you can pay the balance in full, please call us at 1800-400-5869 and speak with one of our representatives. Please understand that if we don????????t hear from you at least (2) days prior to your due date we will assume that you wish to pay the processing fee only, your schedule due date is Friday 11/30.

Thank you

World wide cash

Do you have a form letter I can send to them so that I cen get the balance settled?

I had a loan with Cashland also and they sent it to a collection agency. Very unprofessional collection company and if you have a tape recorder I suggest use it. They broke so many FDCA laws when they would call my work. Asking if my employeer knew I was a thief and so on. It wasn't a lady who I dealt with so it must be they way they handle it there. One suggestion if you want it back to the store is to send a cease and desist letter to the collection agency. Once they receive it they will give your file back to the store. They called my brother after I sent the letter and they were claiming him to let me know the checks were sent to the wrong address. Why they called my brother I have no idea, they had all my telephone numbers as they called me at work or they should have followed the C&D letter to only be contacted by USPS mail. But I was told over the phone they gave it back to Cashland since they can not do anything. I did report this collection agency to the Ohio Attorney General and the FTC. I ended up pulling my complaint from the O.A.G. since the store worked with me.

i have been trying to e-mail oneclickcash to make payments on a loan since they e-mailed me twice i have sent notification to either take or i would send a money order to them no response but they or calling on the phone and i tell them the same thing one time it is a women then a male my e-mailing them is for the reason so i can have this documented of my arrangements now what can i do

You're paying too much, if you are paying $89.00 in fees every two weeks and none of it is being applied to your principal you will NEVER get that loan paid off. I wonder which companies are and are not licensed in your state (Ohio I presume which is where I am from). I hope someone comes along with that info for you.

Whoops! Here is a link for sample letters.
http://www.debtconsolidationcare.com/letters/

I have sent the Cease and Desist letters as well as the letter to revoke wage assignments. Will this keep them from contacting my employer?