My employer got wage assignment from Tremont Financial
Date: Tue, 11/22/2005 - 07:36
singlemomof2 Hi, welcome to the forums. By the sounds of it,
singlemomof2
Hi, welcome to the forums. By the sounds of it, you took out a payday loan and defaulted. Most payday loan companies have a wage assignment in the loan agreement somewhere, however these wage assignments are totally voluntary. You have a right to revoke it at anytime. However, unless you signed this wage assignment in person, it is totally useless.
Your employer has every right to refuse the wage assignment, just as you have every right to revoke it. Now the only way your employer will have to obide by garnishing your wages, if it was ordered by a judge.
I would make every attempt to pay back the loan. Contact Tremont Financial and see what they can work out for you, but at the same time tell them that the wage assignment is not a sufficient document and cannot be used.
Tremont, at the present moment is in good standing with the BBB. But of course they've only had one complaint lodged against them, and it was resolved with satisfactory results.
Here is the contact information I found:
Tremont Financial, LLC
2329 N. Career Avenue
PO Box 608
Sioux Falls, SD 57101
888-338-7008 (call center) 888-329-3003 (fax line)
tremontfinancial.com/
Hopefully you will be able to get this resolved without any heartache. Especially since the holidays are right around the corner.
Regards-
Mike
wage assignment
thanks Mike. the only thing is I already got something from Mineehaha County stating they were filing a judgement. What is the minimum my employer can deduct from my gross wages?
singlemomof2 Have you called the county in your area? I woul
singlemomof2
Have you called the county in your area? I would look up the number in the phone book (usually the blue tipped pages) and call to verify. This letter could be a scare tactic, when it really is a wage assignment. I've never heard of a loan company filing garnishment papers, but I suppose it's possible.
Usually the norm is 10% of wages, until the amount is paid. If the loan was $500, then you'd be an amount of $50 deducted by Mineehaha County every pay period.
Was this letter sent to you certified? You have to be officially notified that you are getting your wages garnished, and a judge has to sign the papers and approve the garnishment.
Regards-
Mike
wage assignment
10% of wages or loan amount? I owe 400.00 a magistrate signed a form that doesnt look like anything Ive ever seen before. I want to get this taken care of but it is a bad time of year. I didnt think they would file judgement for $400.00 either. I paid them at least that much in interest fees for this loan. I will never, ever go to a pay day lender again. they are all crooks!
wage assignment
by the way this was filed suppposedly in South Dakota and Im in Pennsylvania. Who actually has jurisdiction?
singlemomof2 Last time I checked, it had to be filed in your
singlemomof2
Last time I checked, it had to be filed in your own county. I could be wrong, so don't hold me to that.
But to answer the other question, it's 10% of your wages. That is usually the norm, but not to exceed 25% of your disposable income.
Remeber to call your local county office to ask about the garnishment. They'll be able to tell you if it's real!
Regards-
Mike
wage attachment
thanks Mike. you have been a big help and this is the best site Ive ever been on. I have learned so much about the debt collection process. again a big thank you!
Adding further to this conversation, a valid judgment will be ke
Adding further to this conversation, a valid judgment will be kept in the records of the local county office as Mike mentioned. Also, you can view a legal judgment in the latest credit copy. If it appears in your credit report, you can assume it to be a legal one unless you dispute it.
Some knowledge about a legal wage assignment can be acquired from this link also.
http://www.debtconsolidationcare.com/revoke-wageassignment.html
wage garnishment
i received a judgement against me from local court. the attorney fr loan company sent papers to my jobs payroll,attorny is seeking a garnishment of wages,to date the judge has not signed,my job started withholding money fr my check every week,it has been three months and still the judge has not signed, can i gett the money back my job is withholding fr my check fr past three months, is it legal for them to withhold without a signed court order fr a judge
cyberbandit15, in a wage garnishment, you need to receive papers
cyberbandit15, in a wage garnishment, you need to receive papers from the court. You will receive a notice 20 days before the court hearing and will be asked to present your defense. Based on your financial situation, the court will decide how much money you will be required to pay each month.
But in a wage assignment, you are not required to receive any papers from the court. However, a legal wage assignment should cover some of the basic legal requirements. Read this thread below for some more information on it.
http://forums.debtcc.com/forums/wageassign-legal.html
You must talk to your employer and explain the situation if this process is happening illegally. If he understands the situation, he will stop withholding money from your paycheck.
payday loan
your wage assignment of $50 per pay period is $150 less than your minimum payment of $200 on your $400 dollar loan! If you had no intention of paying the loan back in a couple of weeks, why did you sign the agreement?
Beeper, most of the people have every intention to pay their deb
Beeper, most of the people have every intention to pay their debt. Not paying them will of course not do anything good to them. The capability of getting credit will be getting ruined. And there is always a risk of hard situations that can lead towards bankruptcy. This of course, is not good for the lender and the consumer. So, if possible, if you are attached to some loan company, can you try to make things easier for the people? Can you extend some repayments and take the charges that will be required for doing it? If there are some facilities that can be extended, the lenders will surely receive the money. Forcing people to pay the money in one time is just not possible. Otherwise, you would not have faced such problems. Just a thought!
tremont loan
I signed an agreement with the company but the wage assigment was not on a separate page it was incorporated in with the whole agreement. I have been in constant contact with them to repay this loan. I did a paypal thing, they say they never got confirmation so they are not talking to my employer about repayment as of today the 13th. This paper about a wage assigment was automatically generated from what a guy said at Tremont. So can i revoke this wage assigment. In the whole contract it said it was unrevokable until the loan was paid in full. What i can do. I will contact my payroll department as well.
Thanks
wage assigment
I have not recieved anything other then an email today stating they was talking to my employer today to see about repayment. I looked at the site about wage assigments 3 out of those have not been followed by this company. Can i send the revoke letter and it stop the wage assigmen. But you know what the bad par is, is that i have been on constant contact with them.
Downandout, wage assignment should have been separately mentione
Downandout, wage assignment should have been separately mentioned in the agreement contract before you signed with them in person. Digital signatures are not applicable in the wage assignment process.
One more thing to be considered here is that the wage assignments are completely voluntary. So, you have the rights to revoke it anytime. The company is trying to put pressure on you by saying that it cannot be revoked.
Contact your payroll department and make them aware about this situation. They won't let the company deduct money from your pay stub. Send a revocation letter to them in writing through certified mail with return receipt requested. Can you tell the state of their business so that I can search for their address?
I am just going to throw in my opinion here...I have never had a
I am just going to throw in my opinion here...I have never had a payday loan...but my thought is that these payday loan companies prey on people who are having financial difficulties in hopes that they cannot repay it, so they can earn lots of money for penalties...more than the average loan or credit card...and they have the wage assignment thing in place just for that purpose. They know they will have to default because the reason they borrowed the money to begin with was because they were too broke to make it to the next pay period, so why would they possibly be able to pay the whole loan off at the next pay period? It is a viscious cycle..and it is on purpose. Payday loan companies make a killing.
It is Tremont Finacial as the looks of it. They have been talked
It is Tremont Finacial as the looks of it. They have been talked about alot in this forum. In an email that was sent to me they said that their legal department was going to draw up papers. When i talked to them over and over this guy said he was sorry but at that time they could not stop the garnishment. I did though talk to my payroll department, they said they would give me a copy of the letter, i told them it was not a garnishment i have not been taken to court. Payroll said they could only do if it was court ordered or volentary. I told her i was revoking what they were trying to do. And i was going to send a cerftfied letter to the company. I told her i want a copy to take to an attorney. So maybe this will put a stop on what they are trying to accomplish. They are in souix fall,sd.
But what you are saying is they only way they can do this is if a court orders the garnishment? And since the clause was incorporated in the contract, that was illegal also? Thanks for any help.
I agree they are prey on people badly.
downandout, the contract with the lender should be thoroughly re
downandout, the contract with the lender should be thoroughly read before we sign it. It will clearly specify if the actions taken upon defaults will be wage assignment or wage garnishment. If they go for wage garnishment, they will have to file a case in the court first. The defaulter will be served court papers 20 days in advance before he is asked to show his appearance in the court.
If the contracts mentions wage assignment, it also needs to be clearly explained. As per the rules laid down in the wage assignment process, the contract must specify it in a separate piece of paper. When a person is not paying back the loan, he needs to be notified first before the paper is sent to the employer. And more importantly, the person has to sign the contract in person. Most of the payday loan companies try to make this contract online and ask you to sign it digitally. This is not a legal approach and should be revoked.
Well this beats all, i set up payment to pay and have been payin
Well this beats all, i set up payment to pay and have been paying as agreed. I signed a contract last month. Now i get a letter from a collection agency that i owe that and more. is this an illegal practice?
A company taking money from me then turning around and trying to get someone else to take money from me. I have all documentation that proves what they are trying to do. And what i have paid to this point. I papers that i paid on the date and the amount that i agreed to.
Thanks
Tell your credit company that the collection agency hired by the
Tell your credit company that the collection agency hired by them is trying to collect this debt from you. If the CAs have been hired with legitimate reasons, they will stop making any further collection attempts. But if they are trying to make a false collection activity, use your legal consumer powers mentioned in the fdcpa. Act within the legal lines and write them to validate your debt. They must be able to give the details of your account if they have any. Inform your creditors that you have made the arrangements with them and will be paying to them only. Have everything in paper for records.
wage garnish
downandout, My employer received a wage garnish from
Tremont Financial and I've learned alot in the foruml and I've been emailing Misty @ Tremont Financial revoking wage garnish and she's insisting it's binding because I signed their contract in which the wage garnish was included and there were no boxes to check basically just signing the contract which includes everything. I have to get back to my employer payroll dept by Friday to see how this will play out. You would think the payroll dept would know that you can not attach someone wages without a court order.
debt program payday loans
If anyone knows a company to consoldate my payday loans please send that info to me.
Thanks,
Hi patricejoy7Check your PM, please. I have sent you the inf
Hi patricejoy7
Check your PM, please. I have sent you the info just now.
Read the page below and see if the company has given you the notice of wage assignment in the proper way. All payday loan companies are required to follow the rules of wage assignment in the proper way.
http://forums.debtcc.com/forums/wageassign-legal.html
In your post, you were mentioning about wage garnishment. These require orders from the courts and you must be sent a notice 20 days in advance. Check your contract thoroughly and let us know.
patricejoy7 well they just tried there wage assigment on my comp
patricejoy7 well they just tried there wage assigment on my company, my company's attorney's sent them a letter back stateing that they are contridicting federal law, it says in the contract that it can not be revoked until balance is paid. it can be revoked at any time by the debtor. that is what they are saying is contradicting the federal law. And if i were you i would get a hold of my pay roll department and tell them that need to check the laws in your state. I think in my opionon that if your employer goes against those laws they might be held accountable. But i honestly don't know about that. All i know is that they told Tremont that it was void. Also it says 20 days in advance notice they didn't give me that either 1 day is more like it. Besides that the letter from the president said that his staff tried numerous times to contact me and settle. I had been in constant contact with them so that was a lie. Also the contact i signed contridicts what they actually gave me, they just put another note in there when they sent it to my employer what they actually sent. i also have contacted misty and told her what i could do at this time, so i guess it's up to them what they do next. I know i have learned one thing do not ever do another payday loan again.
The answer to the second question a debt consolidation that will do payday loans well there are some except they have to be over 650.00 to do them. So if they are that high i can give you some names that i have ran across. If you have any other questions i will check back here. Also let us know how it turns out so others may benefit and not do any payday loans.
Can you file bankrupcty on payday loans. I don't think i ever s
Can you file bankrupcty on payday loans.
I don't think i ever saw that in any forum messages!
If you belong to those states that have banned payday loans, it
If you belong to those states that have banned payday loans, it will be tough for you to get them discharged through bankruptcy. It will be better if you consult a bankruptcy attorney to know your options in detail.
However, bankruptcy should be avoided always. It hurts your credit a lot. Why don't you try to consolidate your payday loans? Many of the forum members have consolidated their payday loans and it worked well for them! You can sign up here to get help from others.
stanley, how can the it be difficult to discharge PDL's in state
stanley, how can the it be difficult to discharge PDL's in states wheer they are illegal?
If the state has already banned payday loans, I don't think the
If the state has already banned payday loans, I don't think the court will work with it. If payday lenders did business in such a state, they have already violated the law. However, I'm not sure if the debtor is responsible to pay it back or not. Virginia-Legal-Defense would be the best to answer this, LOL.
No, i don't live in a state where they are banned. I did mine ov
No, i don't live in a state where they are banned. I did mine over the internet. But you know if your credit is so bad anyway, what does it matter if you do file bankruptcy. I have tried consolidation, the loans are too low for them to do anything about it. Unless you know of someone who can help with that.
Consolidation loan with poor credit is not much helpful. The loa
Consolidation loan with poor credit is not much helpful. The loan amount hardly covers all the debts and interest rate is high. HOPEFUL, have tried consolidation program? Many of the forum members have consolidated their debts successfully. You can sign up here to receive active help from the members.
Yes, i have tried a consolidation program. That was what i was t
Yes, i have tried a consolidation program. That was what i was trying to say earlier. The said the amounts of my loans have to be a certain dollar amount. And you half to have so much other wise they said it would not be worth it. because i wouldn't really save that much.
Hopeful, You can avail the service offered by this site. I th
Hopeful,
You can avail the service offered by this site. I think no such qualifying criterion is there. Once you register here, you will be offered free counseling with professionals from one of the best consolidation companies.
The counselor will work out a suitable payment plan for you and will negotiate with your creditors to get the plan approved. You can go through the benefits of debt consolidation here-
http://www.debtconsolidationcare.com/benefits.html
[quote=JJ]stanley, how can the it be difficult to discharge PDL'
[quote=JJ]stanley, how can the it be difficult to discharge PDL's in states wheer they are illegal?
[/quote]
Once JJ asked that question, I started some research with this. What I've found is that payday loans can be discharged in bankruptcy. Chapter 13 bankruptcy gives a protection against all the debts incurred before filing bankruptcy, hence PDLs are covered.
JJ, if payday loans are already banned in my state; will I place it under bankruptcy or will seek some other way to get rid of it? Am I still obliged to pay it back if it is illegal according to my state laws?
Payday loans can be discharged under both Chapter 7 and 13. I wo
Payday loans can be discharged under both Chapter 7 and 13. I would think that push come to shove you probably would not have to ultimately payback an illegal loan, but I would take alot more work to fight it legally. If someone was filing bankruptcy anyway, I would think you might as well include the payday loan
the key to payday loans and some other debt regarding dischareab
the key to payday loans and some other debt regarding dischareability is that they cannot have been incurred within 60 days of filing. the bankruptcy attorney can advise on whether or not to include the debt.
more info, the cash advance referes to credit card cash advances
more info, the cash advance referes to credit card cash advances.. see this link for more info
moranlaw.net/7discharge.htm
The way I understand it, wage garnishments/attachments are not a
The way I understand it, wage garnishments/attachments are not allowed in PA unless it is for Child Support, Alimony or Palimony or Defaulted Student Loans. Otherwise, it is illegal for a PDL attempt to or even go so far as send your employer info garnish your wages in PA
No, court ordered garnishments are not legal in PA. But..Wage as
No, court ordered garnishments are not legal in PA. But..Wage assignments are. They are voluntary, and can always be revoked.
honeybunch I moved your topic to our new pdl forum so you could
honeybunch I moved your topic to our new pdl forum so you could get advice specific to your needs.
honeybunch here is a link to your post location.http://www.d
honeybunch here is a link to your post location.
http://forums.debtcc.com/paydayloan/california-laws.html
Hi from Superleeroy
Yo,
My name is Lee and ive just registered on this forum so i thought id say hi !
Thanks
Lee
garnishment
my husband is being garnished at 25% plus has a wage assignmnt for 75.00 a week and his disposable earnings are 641.43 a week roughly..after all this he brings home 321.00 a week we cant make house pymnt or buy food and i cant find a job..can they do both like that
I was under the impression that wage assignment/garnishment by a
I was under the impression that wage assignment/garnishment by anyone other than the government or child support was a no-no in Pennsylvania. Maybe I'm wrong and its just wage garnishment that's not allowed, but I'd look into it.
Yes..I'm the new guy ( Awesome board )
I've been watching for a while but now i'm making my first post.
is there just a lot of spam here or is there some useful info shared?
Looking to meet new people to exchange info with,so leave me your name
Later,
Electronically Signed Wage Assignment
Can I revoke a wage assignment issued to a payday loan company by email or fax? Or does it have to be certified mail with a return receipt?
Jobs from employer webpages that have never been posted on publi
Other than having stellar credentials and packaging yourself well in a resume and cover letter, there really aren't too many options out there these days to ensure your candidacy for a job really gets the attention you want it to. I agree with you that employers are probably seeing more and more applicants for fewer and fewer jobs, so the real question becomes, after you've done all the preparation and packaging of yourself for employers, how can you be sure that they will even spend the time necessary to see that you are qualified for the job. I think the best way to get in front of the people doing the hiring and firing is to follow-up after submitting an application and to also try and find jobs that are not posted on the popular public job boards like Craigslist and Monster.
A good place to look is www.Hound.com This job site cuts the competition for you. It only posts jobs from employer webpages that have never been posted on public job boards. They do all the work for you and put all these less competitive jobs in one place. Basically, Hound lets you apply to the jobs that not everyone and their mother and brother are also applying to.