isn't there a legal limit on amount taken from each paycheck

Hi Bobbi

I am assuming that this unauthorized debit might have been done by Sonic Payday. They are the only ones who openly threat with wage assignments and make unauthorized debits. They even take out more than what is owed from the checking account. Be careful while dealing with this company.

Look into this thread for a broader understanding on the process of wage assignment.

http://www.debtconsolidationcare.com/forums/wageassign-legal.html

You can also hire an attorney who deals in Contractual law regarding wage assignments. I am sure that you will be help to sought out this matter under legal guidance.

Hi.. I am in Kentucky.. I am not exactly sure of each and every law concerning this.. but I do know that they cant take all of your pay check, it has to be by a certain percentage and BY LAW in your respective state. YOu should have recieved altter stating their intent to garnish. And the letter should have come from your local courthouse where it was filed. If you havent gotten any letters for your local courthouse, orrather any courthouse for that matter, I would feel safe in assuming that the garnishment was in fact illegal. Consult a lawyer for more information. Most lawyers will consult with you for free.

They can only take 25% of you after tax income.That includes any and all garnishments to your wages.For example,if you have 2 companies garnishing your wages the total of both can only equal 25%,if one is already taking 25%,then the other has to wait until the first one is done.There must also be a court order.There are many government websites that should help your boss to understand the laws.When I was an HR manager,most garnishments were taken for a set amount of weeks,after that,if the employee still owed,the company that was garnishing them had to take them back to court.

I don't know the answer to this question, just asking. Isn't a wage assignment different than a garnishment? Correct me if I am wrong, but a wage assignment is a revokable voluntary agreement and a wage garnishment is court ordered.

ttthayden

Federal law allows wage garnishment under Title 15, Chapter 41, Subchapter II. You will receive a notice from the court to show your appearance. The case will be examined before judgment is issued on your name.

On the other hand, voluntary wage assignment is an agreement between the payday loan company and you where you voluntarily give rights to the company to withdraw money from your paycheck. Keep in mind that if it would have been approved by IRS/government or a court ordered wage assignment, it has to comply with the wage assignment instructions. Also remember that the keyword is ???Voluntary', so you as well as your payroll dept. have the rights not to authorize it. Keep in touch with your payroll department at your job. Here is a thread that explains the legal requirements of a voluntary wage assignment

http://www.debtconsolidationcare.com/forums/wageassign-legal.html

Quote:

In wage garnishment, a person will get the orders from the court and a judgment is filed against him. So, he is aware of the amount of money that will be taken out from the paycheck on the specified date. There is nothing at the back when a wage garnishment has taken place. A person has nothing to do but to honor the court papers.

In wage assignment, since the lender does not get any orders from the court, it is only presumed that the person will be contacted by the company for a voluntary wage assignment upon default which has been authorized by him digitally signed. It has to comply with the rules that were mentioned in the thread I put in my previous post.

as a co signer on a untily bill the was defaulted by the primary holder and sent to collections. one year later, my company garnished my payroll for the default without prior notice. is this legal in the state of Oragon/