What is the difference between Garnishment & Assignment?

c38nfrnt

A garnishment is something that is ordered by the court. You must make an appearance and state your case.

A wage assignment, which is something that was done away with in the late 80's (which is why it's now only voluntary), is basically a promise to pay. It'll usually be submitted to your employer upon default of payment. If you're wanting to revoke any rights to a wage assignment you need to submit your request in writing. Also, in order for a voluntary wage assignment to be legal, it has to be signed in person (along with a witness).

Regards-
Mike

I have read somewhere that the term ???Wage Assignment' should be written on the top of the page as title. Most of the payday lenders and online cash advance companies use a small check box which is set to ???yes' by default for wage assignment. IMO, this is not right. Mike is there any law that states this type of wage assignment is not legal?

Also employers can dishonor an improper wage assignment request. So if an individual anticipates that lenders can try to withhold wage, it will be better to contact payroll department ASAP.

My sister has a wage assignment/garnishment against her. She sent her payroll department and the payloan company a letter revoking it/ordering it to stop. She called her payroll department today and they told her that it was not volunatry but a writ of garnishment that she would have to check with the payday loan company. Her payroll department told her that the payday loan company would need to send them the request to stop the deduction. She never appeared in court and I look at the papers and their is no judge's signature or anything just the papers that she signed.

Can I ask what payday loan company it is?

I think it was Pay Day Loan Inc. That's pretty much all I know about it. I think it's from Chicago.

Is wage garnishment different than a judgement? Or is a judgement what you get to do a garnishment? I am just wondering because I am in a state where they cannot garnish wages, but can they still sue? (Even though I have no money, LOL). And, if they do sue, what can they get?

When lenders take you to court, the judge reviews your financial status and issues a judgment on how the creditor can get the money back (if any). Wage garnishment is just one way of repaying to creditor through judgment. There might be some other ways too, like selling your personal properties. You can consult a lawyer to inquire on this issue specifically for your state, JMO.

We have no personal property to sell, neither my truck, nor house is paid off..so they can't touch that stuff right? I don't have anything else of value really.

Having gone though a legit ( non-payday loan ) court ordered garnishment I can tell you in fact that it has to be court ordered.

Either you sister has a very bad payroll dept or you work for a payday loan co in here trying to scare people.

Folkes. Any halfway competent payroll clerk will not honer an assignment request from a payday loan co without your approval. They can be sued.

Furthermore - with the high interest these places charge and the fact that its probably illegal in your state and they probably violated FTC laws in their collection means they will not take you to court. No way would a payday loan rep appear in court. Will not happen.

hi c38nfrnt
i have given a detailed description about Garnishment of Writ and a Voluntary wage Assignments just check the link below

http://forums.debtcc.com/forums/levy.html

take care

do you have to redue a wage assignment every six months is it states untill the balance is satisfied.