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Date: Thu, 04/09/2009 - 06:30

Submitted by ray.broughton
on Thu, 04/09/2009 - 06:30

Posts: 8 Credits: [Donate]

Total Replies: 31


I have a supposed debt that I owe the company calling from this line - just got a vm at work (have told them not to call me here) where they said I had an hour. Question is - my payroll dept is saying they have a wage garnishment order against me and they are required to take it out - originally from Texas where the garnsihment laws are rigid against garnishment I am not use to this in PA. All they have is an electronic "ok" with my name and ssn - no written sig - is this allowed and legit?


that number is tied to ARM of florida.they collect for MTE.i would demand to see the order as MTE and ARM are illegal.they probably sent a wage assignment.either way garnishments are not allowed in PA as well.let your HR person know this.this is an illegal loan and they can refuse to honor the assignment.a garnishment has to be court ordered.that isn't a court order.


lrhall41

Submitted by paulmergel on Thu, 04/09/2009 - 06:48

( Posts: 15514 | Credits: )


This is the email I got from my HR Dept - does this make a diff?:

I just spoke with Michele ??? on the Declaration of wage assignment page ??? the very last paragraph ??? by providing all the information you did ??? including SS# & address - as well as ???clicking on submit??? to this page ??? you agreed to have this debt assigned as a wage attachment.
Crump is obligated, by law, to abide by the assignment.
There is no way out of this one unless you can somehow prove you did not complete this portion of the document and you did not supply them with the information.
I do want you to know that I checked with the BBB and they rate Northway an ???F??? ??? do not ever use them again???.please. If I were you I would file a complaint with the BBB as it seems many others have.


lrhall41

Submitted by ray.broughton on Thu, 04/09/2009 - 06:58

( Posts: 8 | Credits: )


if you are in PA they are not required to comply.a wage assignment is voluntary and revocable.you can take legal action against your employer for honoring this as garnishments are not allowed in PA.DRAFT A WAGE ASSIGNMENT REVOCATION LETTER.ask to speak to your boss or head of the company.again they are not required to honor a wage assignment.especially in a state where garnishments are not allowed.


lrhall41

Submitted by paulmergel on Thu, 04/09/2009 - 07:07

( Posts: 15514 | Credits: )


Not to mention Pdl's are illegal in the state of PA, so that would trump any wage assignments you may have signed. I would print out any Payday loan laws and send them to your payroll department.

Paul Crump is a large corporation. I would deffiently contact Head of payroll department at Crump, and do as paul says in the mean time.


lrhall41

Submitted by beli2005 on Thu, 04/09/2009 - 07:13

( Posts: 882 | Credits: )


What entails a revoke - does an agreement have to be met - and do all parties have to agree to it


lrhall41

Submitted by ray.broughton on Thu, 04/09/2009 - 07:16

( Posts: 8 | Credits: )


a wage assignment can be revoked at anytime by you.go to the WATCH OUT FOR section on the bottom right of your screen.that should give an example of such a letter.again,they should not even honor this and you can take action against your own company if they do.in fact if you have a legal dept.float it by them.see what they say.


lrhall41

Submitted by paulmergel on Thu, 04/09/2009 - 07:21

( Posts: 15514 | Credits: )


by the way for even a wage assignment to be legit.it has to have your signature.an e-sign is not good enough.it has to be signed by you.


lrhall41

Submitted by paulmergel on Thu, 04/09/2009 - 07:28

( Posts: 15514 | Credits: )


Btw, i'm on hold with the PA attorney General they don't sound too happy about this.

Okay spoke to them, they said you need to get a copy of the forum that you supposidly filled out. If they can't provide you with one, then they can't garnish your wages, and if they still do, they suggested getting an attorney and suing your employer.

If you want to file complaints here's the link


lrhall41

Submitted by beli2005 on Thu, 04/09/2009 - 07:36

( Posts: 882 | Credits: )


And if they still say they have to honor it.. give them this.. and you are prepaired to hire an attorney if they honor it.
Pennsylvania State Information

Legal Status: Prohibited

Citation:
Check cashers are specifically prohibited from making payday loans under Check Cashing Licensing Act of 1998, ???? 505(a). Otherwise, consumer discount company act applies. 7 Pa. Cons. Stat. Ann. ???? 6201 et seq.

Small Loan Rate Cap
$9.50 per $100 per year discount or 24% per year

Where to Complain, Get Information:
Regulator: Pennsylvania Department of Banking
Address: Market Square Plaza, 17 N. Second Street Harrisburg PA 17101
Phone: (717) 214-8343
Fax: (717) 787-8773
Regulatory Contact: Jim Keiser Administrator of Non-Depository Institutions


lrhall41

Submitted by beli2005 on Thu, 04/09/2009 - 08:28

( Posts: 882 | Credits: )


so when you say "they can use the "e-signature" for that." It is valid or it is not valid - My mind is just frustrated and muddled right now.


lrhall41

Submitted by ray.broughton on Thu, 04/09/2009 - 08:34

( Posts: 8 | Credits: )


I would simply respond to HR/payroll that unless it was court ordered child support, back taxes, federal student loans that any other garnishments are illegal in the state of PA and hand them a copy of the Payday laws for Pa, and that if they do honor it, that you will be forced to hire legal representation and sue them for failure to follow PA Non-garnishment law. I would also mention that you did talk to the Attorney General for the also adivsed you that all Payday loans are illegal in the state of PA and any "wage assignment you may or may not have signed is null and voided"

Assuming you do live in PA... I suppose we forgot to ask that :)


lrhall41

Submitted by beli2005 on Thu, 04/09/2009 - 08:43

( Posts: 882 | Credits: )


I would also give them this:
Can my wages be Garnished?

First, the individual must live and work in PA to be protected. Second, and this is a big one, the lawsuit must have been filed in Pennsylvania as well. If you can meet all three of the listed criteria, your wages cannot be garnished here in our state.
ly under very limited circumstances does Pennsylvania law permit the garnishment of wages. Garnishment of wages is a seizure of wages while they are still in the control of the employer, and have not yet been paid out to the employee. An employee's wages, salaries and commissions may be taken from an employer through appropriate legal procedures to satisfy five kinds of debts:

judgments for child or spousal support
PHEAA student loans
room and board for four weeks or less
back rent on a residential lease
obligations relating to final divorce distribution
Your wages cannot be garnished for any other purpose. Garnishment of wages can only be accomplished only by a court order directed to the employer and no such court order can be issued without fair notice to the debtor/wage earner. Other than the kinds of debt listed above, no other debt or legal obligation can give rise to wage attachment in Pennsylvania. Federal laws such as IRS garnishment procedures may be used to garnish wages of Pennsylvania residents, but only through the federal court system


lrhall41

Submitted by beli2005 on Thu, 04/09/2009 - 09:07

( Posts: 882 | Credits: )


Still working with my payroll dept on this - If I were to report them to the Attorney General is there a number I would call to get this started?


lrhall41

Submitted by on Mon, 04/13/2009 - 08:07

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Do you have a number at the PA Attorney Generals office that I can contact to find out more on reporting my organization as they are appearing to be non-responsive.


lrhall41

Submitted by on Wed, 04/15/2009 - 08:34

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your company can be sued and this person can lose there job.they don't care about that?


lrhall41

Submitted by paulmergel on Wed, 04/15/2009 - 09:08

( Posts: 15514 | Credits: )


Your help was fantastic - 0 hour change in my payrolls stance and they declined the wage garnishment - but today i got a call from 857-362-1650 saying if I did not pay money today - I could expect the authorities from PA to show up at my door and arrest me - per court order - is this legit or another scare tactic


lrhall41

Submitted by on Fri, 06/12/2009 - 08:39

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Thought this was over and done with - received a call from someone named Harold - He said he was going to be by my office in 48 hours to make me sign for something - He left the number 877-791-7033. Called that number and got a clerk that said they have no control over who comes to see me - said it was tied to a payday loan. I TOLD them not to come to me at work but the clerk said they have no control over this (even though the guy apparently is contracted by them).

It is tied to Western New York Capital and they referenced a Payday Loan. Is there anyway I can keep them from coming to my place of work? Can I force them to just leave me alone?


lrhall41

Submitted by ray.broughton on Mon, 11/02/2009 - 14:22

( Posts: 8 | Credits: )