Wage garnishments and illegal PDL's online
Date: Mon, 10/05/2009 - 09:55
I emailed my employer regarding revoking a wage assignment that I may be receiving from two unlicensed PDL lenders online (Sandpoint Capital and Ace Cash Services). They said there is nothing they can do accept to notify me if they receive a garnishment order, and they have to honor it from the companies because they don't want to get involved (not that I blame them or anything...)
My question is:
1) Can illegal lenders garnish your wages?
2) if so, what steps can I take to prevent this?
Quote:Originally Posted by AnonymousHi, I emailed my employer r
Quote:
Originally Posted by Anonymous Hi, I emailed my employer regarding revoking a wage assignment that I may be receiving from two unlicensed PDL lenders online (Sandpoint Capital and Ace Cash Services). They said there is nothing they can do accept to notify me if they receive a garnishment order, and they have to honor it from the companies because they don't want to get involved (not that I blame them or anything...) My question is: 1) Can illegal lenders garnish your wages? 2) if so, what steps can I take to prevent this? |
Your employer is incorrect. If they receive a court order to actually garnish your wages then they are correct in saying there is nothing they can do, however, your employer is bound by the federal law to honor your revocation. I am going to provide you with the law as soon as I can locate it.
What state are you in? Sorry I have forgotten. lol
What state are you in? Sorry I have forgotten. lol
i agree, make sure they know this is for a wage assignment, not
i agree, make sure they know this is for a wage assignment, not a garnishment. assignments are revokable anytime and for them to not honor it is illegal. there is nothing that they can do against garnishments but since these companies are not licensed, they will not go to court to get a garnishment order.
OK, I've been searching and searching lol, click the link below:
OK, I've been searching and searching lol, click the link below:
http://www.chicagobar.org/AM/NavigationMenu/Public/GeneralLegalInformation/DialLaw/WageAssignmentAndGarnishment/WageAssignment/default.htm
Re: wage garnishments
Quote:
Originally Posted by Shazzers What state are you in? Sorry I have forgotten. lol |
I live in California.
Here's a copy of the email I sent to my employer:
"I potentially may have two companies contact you in regards to (2) unsecured loans I have borrowed from them. In a nutshell, I discovered I was doing business with (2) illegal lenders online; I have revoked any ACH transactions that they may try to attempt on my account and will be closing it later this week to prevent any further unauthorized transactions. I will be faxing these companies a letter this Monday stating that I revoke any contact that these companies my try to make with my employer and also revoke and wage assignments they may try to impose on me. I???m filing a complaint with the AG of California as well. The two companies that may call you are Ace Cash Services and Sandpoint Capital, LLC. Both of these lenders are unauthorized to do business in California and they have very shady tactics when it comes to collecting money, authorized or otherwise."
If they do call you, I am formally requesting that no one from (my company) speak to them and that I revoke any wage assignments or garnishments they may try to impose."
This is the reply my employer sent to me:
"...I do want to let you know that we are required to garnish wages whenever we receive a garnishment order. If we choose to ignore the garnishment, they can then go after (my company) as a company, in order to receive the monies and we will not take responsibility for an individual???s situation that we were not a part of.
At this point, the best that we can do to help you is to inform you if anyone calls about your employment or if we receive a garnishment order. Even though (my company) will have to follow the orders, you are receive a copy of the garnishment order and try to stop it on your end so the company retracts it and your paycheck will not be adversely affected."
Feedback?
Quote:If they do call you, I am formally requesting that no one
Quote:
If they do call you, I am formally requesting that no one from (my company) speak to them and that I revoke any wage assignments or garnishments they may try to impose." |
You can't really revoke a garnishment, which will never happen because that would mean these lenders would need to follow the protocol of the law and walk into a court of law, that will never happen, a judge would toss their arses in jail. Anyway, you can revoke a wage assignment, but you can't revoke a garnishment so you need to change the wording on your letter.
So in other words, I shouldn't worry about dealing with assignme
So in other words, I shouldn't worry about dealing with assignments or garnishments from illegal PDL online lenders?
Or is that naive of me?
Let me re-phrase that... Can an illegal lender initiate a wage
Let me re-phrase that...
Can an illegal lender initiate a wage assignment? Or would they avoid this seeing how it brings them to a federal law-level?
Quote:Originally Posted by AnonymousLet me re-phrase that... Ca
Quote:
Originally Posted by Anonymous Let me re-phrase that... Can an illegal lender initiate a wage assignment? Or would they avoid this seeing how it brings them to a federal law-level? |
Oh no, they WOULD initiate a wage assignment because all they need to do is contact your employer and evoke it, they WON'T attempt a wage garnishment because that would require going into a court of law.
a wage assignment requires no court order.they can try to submit
a wage assignment requires no court order.they can try to submit one to your employer.it is up to them to honor it.however,if they honor it after you point out that they are illegal,and you revoke the assignment.the employer opens themselves up for legal action by you.
OK, thanks for the head's up. I will wait to see if anything com
OK, thanks for the head's up. I will wait to see if anything comes through, first. Then I will send a notice to my employer stating that I revoke the wage assignment.
jason, i would take care of it ahead of time.. because they do n
jason, i would take care of it ahead of time.. because they do not always notify you if they recieve one they might just take it out of your pay.