logo

Debtconsolidationcare.com - the USA consumer forum

Loan point usa/farrell law group

Date: Wed, 12/29/2010 - 14:06

Submitted by anonymous
on Wed, 12/29/2010 - 14:06

Posts: 202330 Credits: [Donate]

Total Replies: 10


I live in Alabama and i got a letter as well. the letter basically stated it was an attempt to collect a debt. Can they garnish my wages in Alabama?


[INDENT] Prior to April 12, 1988
[INDENT] 1. 20% of weekly disposable earnings; or
2. Amount by which the debtor's disposable earnings exceeds fifty (50) times the minimum wage.
[/INDENT] After April 12, 1988:
[INDENT] 1. 25% of weekly disposable earnings; or
2. Amount by which the debtor's disposable earnings exceeds thirty (30) times the minimum wage.
[/INDENT][/INDENT]


lrhall41

Submitted by Shazzers on Wed, 12/29/2010 - 14:25

( Posts: 17344 | Credits: )


You do realize a garnishment can not be imposed without a court judgment. This means, they would actually have to go to court first, win the case then file to garnish your wages.

Since you have received this 'letter of collection', you now need to send them a debt validation request, and do so within the 30 days of receipt of this letter, otherwise the law says if you don't dispute this debt, you are admitting to owing it and they could easily get a judgment against you.

Another piece of important information is, your state requires a payday lender to be licensed by your state, and Loanpointusa is NOT licensed in Alabama, you can check for your self at the link below:
http://www.bank.state.al.us/ADPSA_Licenses2.asp?VTI-GROUP=0&search=loanpoint+usa&submit1=Search


lrhall41

Submitted by Shazzers on Wed, 12/29/2010 - 14:30

( Posts: 17344 | Credits: )


Now, since Loanpointusa is not licensed in the state of Alabama, this loan is not enforceable in a court of law, but it's up to you to prove that to the courts. Your first move of course is to send a debt validation letter to this collection firm, during the validation period they MUST cease all collection efforts, if they fail to follow the FDCPA, you can sue them for non compliance of federal law.


lrhall41

Submitted by Shazzers on Wed, 12/29/2010 - 14:32

( Posts: 17344 | Credits: )


I have several on loine payday loan companies. I have seeked debt relif program, and a few of the lenders say they do not deal with them. I received in the mail a letter from the Farrell Law group saying I know owe over $1000.00 to Ameriloan which I only received 600.00 from them. I pulled my bank satements and added up the amount they have with drew from my account and it is over $1500.00 dollars. And now I still owe a thousand to them. that would be over $2500.00 on a $600.00 dollar loan. What about this is fair. What laws in Louisiana can I look into who can I contact about this. I by far am not trying to get out of what I owe these people on what I BORROWED. but over 2k is a bit much. I have several that are doing the same thing. I was only trying to keep my lights on, and my car since times got hard. Now they are even harder knowing the fact they could take me to court and get another thousand out of me. What do I do? Can anyone help with this information?


lrhall41

Submitted by on Mon, 01/17/2011 - 08:06

( Posts: | Credits: )


Here is a list of some more names that are giving me a hard time. Are they licensed any where as well? Star Cash, Loanpoint usa, one click cash, loanshop/isleven. Ameriloan, starcash, loanpoint and one click cash are the ones giving me the hardest times in not dealing with a debt relif company. and wanting to send me to collections for more than what I borrowed.

Thank You.


lrhall41

Submitted by on Mon, 01/17/2011 - 09:37

( Posts: | Credits: )