Help ~ Lakota Garnishing Wages and Employer complying
Date: Thu, 09/16/2010 - 10:35
A month later, I noticed my paycheck was $250.00 short. I contacted payroll, who attached the "garnishment" letter from Lakota Cash, stating I owed $487.50. I informed her they were illegal, sent wage assignment revocation letter, forwarded all communication between myself and PDL.
Was told it was being referred to our corporate attorney. She responded by stating that it was taking some time as they were having to research Lakota since they were an Indian tribe not subject to our laws.
Two weeks later, check garnished again for $250.00, which is now over the $487.50 I supposedly owed.
Emailed back and forth with our "legal" dept and couldn't get a straight answer.
Payday again today ~ another $100.77 taken out; this is the last one.
I finally hear back from legal ~ "Since it was a facially valid garnishment document, we are required to comply. Whether Indian tribe law supercedes Illinois garnishment procedures is not a question I can answer and your attorney may be of more help. We will be happy to comply with your attorney as necessary."
Anything I can do? I had sent the wage assignment laws as well as payday loan laws ~ nothing. I asked for the "necessary paperwork" my company requires for garnishment ~ it is SO SCARY how easy it was for them to gain another $600.00 of my money.
maybe talk to your state AG's office. They basically did a wage
maybe talk to your state AG's office. They basically did a wage assignment even though you revoked it.
A garnishment is not the same as a wage assignment. I can not s
A garnishment is not the same as a wage assignment. I can not speak for your state but in VA if you give your payroll a wage assigment revocation it has to go into effect immediately. That means if the PDL sends them a copy of one dated 1/1/01 and you do one that day 1/2/01 and send it that supercedes the original. Also, it must be signed by you in person. Electronic signatures on a wage assignment make it void. You can google it to find that out. A garnishment is court ordered. Your legal department seems to not be using the correct terminolgy. It sounds like you should call a local attorney. Consultations are typically free. If you sent them a copy of a revocation it should have been honored immediately.
Thanks ~ they simply don't seem very willing to look very far in
Thanks ~ they simply don't seem very willing to look very far into it. I sent them the IL laws stating there must be a signature (wasn't,) as well as laws on what makes a wage assignment legal (none of the five rules listed were complied with.) That's in addition to the wage assignment revocation.
I also stated that this was a wage assignment, not a garnishment ~ seems like I shouldn't have had to explain that to our corporate lawyer, yes? I'll see about some free consultation ~ they've now got $1300 of my money. Worst mistake I have ever made in my entire life.
I just found out that IL law states we have 20 days to revoke th
I just found out that IL law states we have 20 days to revoke the wage assignment. After that we have no other recourse but to go to court and fight it. I found this out a little too late.
"
Legal Defense to the Wage Assignment
If an employee has a legal defense to the wage assignment, he or she must, within 20 days after an employee receives a notice of demand, or within 5 days after the employer is served with the demand, notify his/her employer, in writing, of any defense to the wage assignment. A copy of the written defense must be served upon the creditor by registered or certified mail.
If the employer receives notice of a legal defense within the requisite time period, the employee's wages are not subject to a demand served by the creditor, unless the employer receives a copy of a subsequent written agreement between the creditor and employee authorizing such payments.
If the creditor receives a copy of the defense prior to serving its demand upon the employer, such demand shall not be served upon the employer.
If the employee has not given a notice of defense within 20 days, the creditor may proceed with the demand, and the employer must begin payment to the creditor no sooner than 5 business days after service of such demand, unless a notice of defense is received within that 5 day period."
http://www.wildman.com/index.cfm?fa=news.libArticle&artid=56165ABD-BDB9-4A10-539E085A38B9BAAE
So, are you saying that you didn't revoke the wage assignment in
So, are you saying that you didn't revoke the wage assignment in the allotted time?
