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N.C. Garnishment

Date: Mon, 03/27/2006 - 11:42

Submitted by maryanne
on Mon, 03/27/2006 - 11:42

Posts: 29 Credits: [Donate]

Total Replies: 56


Finally, a piece of good news ( I think) ....I was just informed by Consumer credit counseling Services that it is illegal in the state of NC to garnish wages for anything other than child support or taxes. The collector is breaking the law in NC if they even call and speak to your employer about your personal debt. This is all very new to me and I am still gathering info....but at least it seems NC has one law that is on our side!


Wage garnishment and voluntary wage assignment are different. Most of the payday lenders contact the payroll department on the basis of the voluntary wage assignment agreement that they get signed with the agreement paper. Voluntary wage assignment can be cancelled by the debtor any time. It has been noticed that the papers payday lenders use for wage assignment do not meet the legal guideline. Wage assignment contract should always be signed by person, digital signature never works.


lrhall41

Submitted by curlycarl on Tue, 03/28/2006 - 11:45

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Sorry -the guest entry was me and I wanted to be sure I thanked curly. Still getting this forum thing down....


lrhall41

Submitted by maryanne on Wed, 03/29/2006 - 06:05

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Quote:

So you're saying that if any of the payday loans I have out attempt to call my employer (I'm in NC), that it's against the law?? That's AWESOME...i was very worried about that..I'm in over my head with these loans, and I didn't want them calling my boss!


That isn't to say they wont try to call, only that if they do they are in violation.Most of these people seem to think they are exempt from the laws and can do what ever they want, hoping people do not know their right or the law. Most people wouldn't take the time to find out, and never say anything, that is why they take the gamble.


lrhall41

Submitted by LCW on Wed, 03/29/2006 - 08:25

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sgreen...they will call. They just cannot legally garnish your wages. They can still file for a judgement, but if you don't have assets and they cannot garnish...it will just be a bad mark on your credit. Judgements and liens can stay on your credit for up to 20 years in some states. Much different than just reporting a bad debt.


lrhall41

Submitted by beatlemyn02 on Thu, 03/30/2006 - 22:51

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My credit card company is trying to take me to court over a $1000 balance. I am working, but cannot afford anything outside of the essentials. I do not own anything, but I will own my vehicle soon. Can they take that from me?


lrhall41

Submitted by on Tue, 05/23/2006 - 12:55

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I was told by a collection agency that if they obtained a judgement on me that the court would own my home and that I couldn't sell it or refinance it and that my mortgage company would be notified and that my interest rate would sky rocket to where I couldn't afford it. Is that really true?


lrhall41

Submitted by jcrab1 on Wed, 05/24/2006 - 07:26

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alright..here's another question along the same lines..I live and work in NC..BUT my employer and the payroll office is located in TN...Does that mean that the payday loan office still have to comply with NC laws? Also, I have a law office for one of these payday loans now harrassing my references..is there anyone who can PM or post something I can tell these people the next time they call that will let them know that I've been made aware of the truth when it comes to their game, and they need to stop harrassing me and my references? I don't want to just come out and say..hey, what you're doing is illegal..it is, but I want to have all my back up, if you know what I mean! THANKS!!!


lrhall41

Submitted by sgreen1975 on Fri, 07/14/2006 - 09:10

( Posts: 4 | Credits: )


So to make sure I understand this. A PDL cannot garnish my wages since I live in PA and a garnishment cannot involve PDL. Is there some kind of way in which I can see that information or get a phone number to see the legality of it. Very much appreciated. Because one PDL place I owe is threatning to tell my boss and try to do a wage garnishment. Also is a wage garnishment voluntary or mandatory. If it voluntary then Im happy about that because I can refuse to have a garnishment happen dealing with PDL. LMK. THX


lrhall41

Submitted by djeagles on Fri, 07/14/2006 - 09:45

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A collection agency is calling my job to verify my employment and wages. I live in california and I need to know if they can garnish my wages for a payday loan that I can repay back but it will be a week from now. And then should I call my HR department for my workplace and find out if it is allowed? Someone please help.


lrhall41

Submitted by on Mon, 03/26/2007 - 10:47

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If the credit card company gets a judgement against my husband, can they take our home? or is it just against ourhome until we decide to sell or refinance? WE owe the max amount on our home, so there is no equity.


lrhall41

Submitted by on Mon, 04/02/2007 - 13:15

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Dolphin, you are wanting to execute a judgment. If you have a properly recorded judgment,then there is a process with the courts under their rules of civil procedure. Basically you file a writ to seize the interested bank account and the bank gets a copy. They will freeze the account and if it is not exempted income,then the money should be released to you.


lrhall41

Submitted by cajunbulldog on Sat, 11/17/2007 - 05:06

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If you have served the bank with a writ of execution identifying the account,then non exempt income should be available to seize from account providing there is money in the account. Some state's also have motions for relief from seizure so you will need to look to your rules of civil procedure to find out these things.


lrhall41

Submitted by cajunbulldog on Sat, 11/17/2007 - 06:15

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Dolphin..I can't add to Cajun's advice..I'm sorry, I didn't realize that you were attempting to seize funds.

In answer to you question..I am a lifelong dolphins fan. However, my passion in life is simply the game of football, and one of my hobbies is reading autobiographies and biographies of players and coaches. A few years back I fell madly in love with the Packers of the 60's and everything they were. In fact, when coaching my son's rocket team, I incorperated the famous Packer sweep into their offense. Anyway, not a Packer fan right now, but I agree that either they or the Cowboys will represent the NFC.


lrhall41

Submitted by finsfan13 on Sat, 11/17/2007 - 06:34

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Asset searches are tricky due to current financial privacy laws. The first thing that would come to mind is a local court house record search for any mortgages or UCC records. These records normally identify a bank the party in indebted to. If that does not reveal anything,then it is time for a deep skip trace.You can hire judgment enforcement agencies to perform the skip and all legal paperwork.They will normally work for a percentage of the total judgment collected on.


lrhall41

Submitted by cajunbulldog on Sun, 11/18/2007 - 04:19

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I'm having an awful time with this payday loan company. 12/2006 I had received $200.00 dollars and they had processed on the wrong dates and it messed my account up which had to be closed. I asked if I could mail them the money they stated no that it must be debited from my account. They have called me at work several times. I have made complaints with the better business and I have sent them notification of revoking any wage assignments. They now say I owe $3200.00. What do I do?


lrhall41

Submitted by on Tue, 12/04/2007 - 15:16

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They state that they are going to send wage assignments to my employer. I leave in NC and I just want them to stop calling me at work.


lrhall41

Submitted by on Tue, 12/04/2007 - 15:19

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Payday loan companies would like to think that a voluntary wage garnishment will allow them to collect money they claim you owe. You can and should revoke any willful wage garnishment with your employer, there is nothing they can do without a court order to enforce a hostile collection of monies.
PThey could try to gain a judgement but it would be unlikely the matter would ever go to court. It takes time and money to collect on a debt, so the hire people to call and call and harrass. Tell your those you listed as references what has happened and that may get a call about the situation. Most people are understanding towards this kind of poor business Praticeby lenders. Remenber the ones collecting the debt probably know less about the law than you do. As far a freezing your bank account you should have already closed the payday loan account. They must have a court order to garnish any bank account. Unlikely they will part from their hard earned money to go that far, that is why they try using bvoluntary wage garnishment! Tell them you will see them in court, then send a cease and desist order against the collection calls.


lrhall41

Submitted by on Tue, 08/12/2008 - 13:22

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Actually, unfortunately what I've just read is that wage garnishment can occur in NC if the creditor is able to get the garnishment under the laws of their own state (if they are not from NC). I found this on the a website called NC Labor with a dot com


lrhall41

Submitted by on Wed, 04/29/2009 - 17:52

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don't forget florida, head of houshold cannot be garnished by collectors. So yay for
the deadbeats, and thiefs. Steel, and steel. We're not in financial trouble in this country already. Savings and loan bust. Hmmmmm wonder why that happened? Pay
your freekin bills folks. These big capitalist skylines exist on debt. You think those are all paid off. yea right.


lrhall41

Submitted by on Mon, 11/09/2009 - 14:44

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