Geneva Roth Collector

not without a court order....and I understand Geneva Roth isnt licensed anyplace.

Who is the collection agency?

Geneva Roth Capital is legal and is regulated in Utah, and Kansas States. What you can do is file a compliant with Utah regulators. I filed in Utah and got results. If you overpaid or the term went over the legal limit, then you are entitled to a refund for the difference.

I need to agree with Volley here. I do not believe that Geneva is licensed and legal any where

Go to: http://www.dfi.utah.gov/reglistg.htm

as proof that geneva roth is listed under Utah.

Joe is correct - Geneva Roth is licensed in Utah.

joecool...thats fine if the are licensed in UT, but they need to be licensed in the resident state that the loan was issued in (with the exception of PA and MN)...this poster is in FL.

However, I don't see a license for Kansas . . . . Is it under another name or something?

Florida is a non-garnishment state and wage assignments are also illegal here. If you are head of household they can't garrnish your wages without your permission. A wage assignment is something that is volutarary and requires your signature to be legal anywhere. In Florida they are not legal period. Send a debt validation letter to the collection agency. They are blowing smoke!

It's complicated volley,
Geneva Roth have to follow and abide by Utah small loan law regardless if they loan to people out of State, this includes loan term limits. Geneva is famous for taking out more than they should. They may have partners that are licensed in FL under the Geneva dba's. If you go to paydayloaninfo dot org you can find interesting facts about these internet pdl companies. Just thought I'd share...
Joe

Joecool...I am aware of Geneva Roths tactics...but thanks for sharing....and I also understand about CSO's and dba's too so as complicated as it may be, a little credit please.

..addtionally, it is now with a collection agency according to the poster.

paydaylaonmess-Please see frogpatch's info above about garnishments, etc...he is in FL.

This has smoke blown up the **** from the get go. OK think about this. Pay me the full amount of the loan by 4 P.M today or the attorney will take it out of your paycheck? If they actually had the legal right to do so, why would they need to threaten you? Oh yeah, cause in some states garnishment/assignments are not legal. Garnishments in states where they are legal require a court order and are capped at 25% at the highest. And as Frog Patch pointed out, it is indeed illegal in the state of Florida.

P.S
Telling you what they said their attorney is going to do would be (to the least sophisticated consumer) threat of a garnishment, which requires a lawsuit. They have 30 days to sue you now or they will be in violation of the fdcpa. Also threatening to garnish in a state where it is unlawful is a FDCPA violation.

If you ever wish to sue them you can easily do so for $1,000 in statutory damages + punitive damages.

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

Is there somewhere to find out if your state allows wage garnashment? I am located in PA

Pennsylvania Wage Garnishment

No wage attachment in this state except for taxes and child support.

The Pennsylvania Department of Revenue is authorized to garnish wages without obtaining a court order for collection of unpaid state taxes. The Department will first notify taxpayers of its intent to contact their employers to begin withholding. If a taxpayer fails to resolve the tax liability, the taxpayer's employer will be ordered to begin garnishing wages and make payments to the Commonwealth. Employers may retain up to 2% of the amount collected to compensate for costs of additional bookkeepi

I have a CA threating suit. Can they garish if a judgment is granted?

What is the debt for?
I just posted the garnishment laws for your state.
It clearly says no garnishment except for taxes and child support.

It is for credit card debt. I wasn't sure if garnishment was allowed from your response.

Just read the laws i posted. Only taxes and child support

So, no they cannot garnish your wages for a credit card debt.

I apologize. I didn't understand the post. Thank you

Its ok. Just dont worry. The laws are the laws. How old is the debt that they are trying to collect on. Has it passed the sol?

It is only 14 months old. I believe the SOL is 3 years in PA. I just sent a DV letter on Friday and they recieved it Monday. I am now waiting.

JCEMT = The voice of calm reason

I'm really just stunned by these CA's that call a debtor (breaking the law in the process) advising they are with law or enforcement and the debtor will go to jail, or they will have their attorneys go after them, if the debtor doesn't pay up. If the debtor was on the list to be arrested, he/she would be arrested. There wouldn't be any negotiating with law enforcement or attorneys not to go to jail if they give them X-amount of dollars right now. Does anyone know the definition of the word "extortion"?

I would definitely start the clock ticking on that threat regarding the attorney, I didn't know they had to make good on the threat within 30 days. Good information to know. I would also file complaints with the Federal Trade Commission, your state's Attorney General's office, and the BBB. Funny, though, they only threatened to have their attorney call your employer to have the money taken from the check, they were at least attempting to be careful at how they worded that. Still, JCEMT is absolutely spot-on; least sophisticated consumer test would, in fact, have someone believing their wages are going to be garnished. It takes a judgment in favor of the CA in court, as well as a court order, to enforce wage garnishment. They just can't call your employer and ask them to send the CA money every pay-period. Otherwise, everyone would be calling employers, demanding money from people's pay-checks, for every little cent borrowed. It would be an absolute mess!

As for the wage assignment clause, you may have signed when you took out the Pay-Day loan, I was absolutely not aware they could not be enforced in Florida. Good information to know as I do live in Florida, also.

Hi,

I am well aware that my loan with Geneva Roth is delinquent. But are they able to charge a different checking account even if that is not the one given to them the time the loan was established? I don't think it's fair that they can charge any account they want with out authorization! Please advise before I seek legal advise.

Thanks,

Charging my account :x

Most of these pdls have a clause in the contract which says that you give them the right to debit ANY account that you have now or may have in the future. How did they get your new account info
have you applied for any new loans?

I believe that you may revoke access to your account at any point via written notice.

you are correct. You can revoke any ach debits, The problem is that these companies will just keep debiting. they wont stop. Illegal is illegal. There are so many people that this is happening to. Especially with Geneva hitting new accounts.

When you write the letter send it certified mail, return receipt requested. Send another copy to your bank so that they know what is going on. (in that this company no longer has your permission to access your account) if they debit your account again you can dispute it and you will have proof of your revocation of their right to access.

You mentioned that your bank will not stop the ach debits. I am posting this so you can copy it and show it to your bank. They need to learn the banking laws.

I think that is covered under regulation CC, the Expedited Availability of Funds Act.

...and the EFTA, Electronic Funds Transfer Act.

I believe that it is the one I posted.

where can i find out if geneva roth is licensed in Ark., does anyone know

Check the Arkansas state tax dept.

The Arkansas State Board of collection agencies has a check cashing oversight divison....here is a link:

http://www.asbca.org/check_cashing/