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Something I just noticed on a Wage Assignment

Date: Thu, 10/01/2009 - 13:52

Submitted by ChrisL228
on Thu, 10/01/2009 - 13:52

Posts: 9 Credits: [Donate]

Total Replies: 10


Okay, now I'm worried... I was reading on of the wage assignments I signed electronically, and part of it says:

"I acknowledge this instrument as an absolute, irrevocable, and unconditional assignment and sale of the said amount of my wages."


Doesn't this mean I'm not actually allowed to revoke their rights to my wages??


Nothing you can sign trumps federal law. Federal Trade Commission regulations require that lenders cannot ask borrowers to give wage assignments unless the assignments are "voluntary and REVOCABLE." It's not a right you could waive if you want to.

The problem, of course, is your boss. I've seen a few threads going where some folks insist that if you revoke it no one can do anything to you. Wrong. The pdl's dress the assignments up to look like court orders. Most employers know they can throw just throw the paper out, but some don't. And the ones who don't (like my old boss) aren't going to spend $300 an hour asking their lawyers what to do. They just send the money and now you've got a dilemma. (Who wants to sue their boss? With 10% unemployment out there?) Moral of the story - make sure your boss knows what's going on and educate him or her about assignments. Don't count on Human Resources to magically know the intricacies of federal credit laws.


lrhall41

Submitted by on Thu, 10/01/2009 - 14:03

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I forgot to add that all wage assignments are revocable, whether the company says they are or not. It's voluntary and well you the right to say I changed my mind. Why companies try to use these still is beyond me..but I think they want to take the chance of the person not knowing their rights.


lrhall41

Submitted by PinkLady on Thu, 10/01/2009 - 14:03

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Quote:

Originally Posted by Anonymous
Nothing you can sign trumps federal law. Federal Trade Commission regulations require that lenders cannot ask borrowers to give wage assignments unless the assignments are "voluntary and REVOCABLE." It's not a right you could waive if you want to.
The problem, of course, is your boss. I've seen a few threads going where some folks insist that if you revoke it no one can do anything to you. Wrong. The pdl's dress the assignments up to look like court orders. Most employers know they can throw just throw the paper out, but some don't. And the ones who don't (like my old boss) aren't going to spend $300 an hour asking their lawyers what to do. They just send the money and now you've got a dilemma. (Who wants to sue their boss? With 10% unemployment out there?) Moral of the story - make sure your boss knows what's going on and educate him or her about assignments. Don't count on Human Resources to magically know the intricacies of federal credit laws.


Exactly!


lrhall41

Submitted by Shazzers on Thu, 10/01/2009 - 14:10

( Posts: 17344 | Credits: )


IMHO, I think it also depends on the size of the company; the bigger the company the less of a chance that an HR Dept is going to honor this. I know that in my case, I work for one of the biggest hospital chains on the West Coast, and when Sonic Payday was making my life Hell with its Wage Assignment threat, I wound up calling Regional Payroll and actually spoke with the Garnishment Supervisor (and yes, we do have one). She told me that she got so many wage assignment letters from Sonic, Northway and other garbage companies like that that she wound up sending them back--and soon they didn't even bother with our employees!
Sounded pretty A-OK to me and I wound up paying them back on my terms.


lrhall41

Submitted by kscornell on Thu, 10/01/2009 - 17:45

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What if your companie's payroll department is not in the same state you are in? I'm in Nebraksa, and Nebraska wage assignment rules say that a voluntary wage assignment has to be notarized, and has to be signed by a spouse if you are married. My payroll department, however, is in Kansas. Which rule applies?


lrhall41

Submitted by lcich75 on Fri, 10/02/2009 - 05:53

( Posts: 11 | Credits: )