Can criminal charges be filed against you for internet pdls?
Date: Mon, 11/20/2006 - 13:07
NO!!!! This is one of the oldest threats. You cannot and will no
NO!!!! This is one of the oldest threats. You cannot and will not go to jail. Period.
Know the name of the CA that contacted you. You need to draft a
Know the name of the CA that contacted you. You need to draft a debt validation letter and send it to their mailing address. This will cover your legal move and force them to send you the specifics about the debt before doing collections.
If you know the name of the payday loan company, call them and get your account status for doing payments.
Wage Garnishment
I just got a call from Ted in payment services for Cash Transfer Centers and they are going to contact Human Resources here at my job to garnish my wages.
Is there anything that I can do to stop them?
Yes, you need to revoke your voluntary wage assignment ASAP. You
Yes, you need to revoke your voluntary wage assignment ASAP. You will also need to give your employer the same revokation letter.
Also, don't give them a cent without getting a debt validation.
Also, don't give them a cent without getting a debt validation. You are completely within your rights to request this. I would definitely get the letter to revoke your voluntary wage assignment to HR right away. To garnish your wages, they would have to go through the courts, which I can't imagine them doing. Good luck.
they will call human resources to verify you work there - don't
they will call human resources to verify you work there - don't panic - you might want to give you HR dept a heads up and tell them some kook will be contacting them, etc etc- yes - immediately send a wage asssignment revocation letter-
Quote:
ATTN: E-Care Contact Center 300 - 433 Main Street Winnipeg , MB R3B 1B3 Fax :(204) 940-4278 (208) 247-3267 P.O. Box 1066 Coquilam Station Main Coquitlam, B.C. V3J 6Z4 Fax: 888.395.0192 customercare(at)sonicpay.ie Cash transfer center 1-866-958-FAST 1-866-809-4069 customercare(at)cashtransfercenters.com Level 8 Suite 3, Plaza Commercial Center, Bisazza street, Sliema SLM15, Malta northway debit cash transfer center - 1 877 348 4610 / (866) 261-9428 / Northway Financial Corporation Ltd. of Level 8 Suite Plaza Commercial Centre Bisazza Street Sliema SLM 15 Malta To Whom it May Concern: I hereby revoke your right to use the wage assignment that was digitally signed on December 30, 2005. You no longer have my permission to use this wage assignment. I have filed a "Notice of Defense" with my employer which will absolutely prevents them from turning over any of my wages to you. As well, the agreement you have on file is not a real and legal wage assignment according to the below listed information: In 1984, the Federal Trade Commission passed a rule which says that a creditor is guilty of an unfair credit practice to make you sign a wage assignment unless the paper says right on it that you can revoke it at will. A wage assignment is not valid unless it meets certain requirements. Here are some of the requirements 1. It must be on a separate paper and not part of any contract. YOURS IS NOT 2. It must be signed by you in person. THE AGREEMENT IS NOT 3. It must have the words "Wage Assignment" in bold at the top and right above or below the signature line. YOURS DOES NOT 4. The demand on the employer must meet certain requirements or it is of no legal effect. For instance, you must be in default at least 40 days aand the demand must correctly state the amount in default, and it must be accompanied by a copy of the assignment YOU DON"T HAVE A VALID ASSIGNMENT 5. No demand can be served on an employer unless the creditor first sends you a notice of his intent to do so at least 20 days before serving the demand on the employer. 6. Both the demand on the employer and the notice you receive must be in a form required by statute. Furthermore, in reference to the below listed laws??????? my debt should be considered paid in full. I know you have a cease and desist against you from the state of California. (please see below) If you continue to attempt to collect on this debt, I will be forced to take legal action against you. State of California ??????? Department of Corporations STATE OF CALIFORNIA BUSINESS, TRANSPORTATION AND HOUSING AGENCY DEPARTMENT OF CORPORATIONS TO: JOANNE TURNER, individually JOANNE TURNER, doing business as SONIC PAYDAY LIMITED aka SONIC PAYDAY, LTD. 18/19 College Green Dublin, Ireland DESIST AND REFRAIN ORDER (For violations of California Financial Code section 23005) The California Corporations Commissioner finds that: 1. JOANNE TURNER is an individual and a principal in SONIC PAYDAY LIMITED aka SONIC PAYDAY, LTD. (???????Sonic???????), and is engaged in the business of deferred deposit transactions in the State of California. 2. SONIC PAYDAY LIMITED (aka Sonic Payday, Ltd.) (???????Sonic???????) is, and was at all relevant times herein, a limited liability company registered and existing in Dublin, Ireland. 2. Neither Joanne Turner, nor Sonic Payday Limited have been issued a license by the California Corporations Commissioner (???????Commissioner???????) to engage in the business of deferred deposit transactions under the California Deferred Deposit Transaction Law (???????CDDTL???????) (California Financial Code ?????????????? 23000 et seq.). 3. Neither Joanne Turner, nor Sonic Payday Limited are exempt from the licensing requirements of California Financial Code section 23005. 4. Joanne Turner and Sonic Payday Limited have engaged in the business of deferred deposit transactions by originating deferred deposit transactions as described below. 5. A deferred deposit transaction is a written transaction whereby one person gives funds to another person upon receipt of a personal check and it is agreed that the personal check shall not be deposited until a later date. 6. Joanne Turner and Sonic Payday Limited have offered deferred deposit loans to residents of the State of California. 7. Joanne Turner and Sonic Payday Limited have been made specifically aware that a CDDTL license was required in order to engage in the business of deferred deposit transactions as Sonic received a written notice to this effect from the Commissioner on or about March 15, 2006, sent via the email link on the Sonic web site and facsimile machine, and written communication with solicitors for Sonic informing them that a license was required to accept or arrange for deferred deposit loans in the State of California. 8. Based on information obtained in the course of an investigation, and promotional testimonials contained on the Sonic web site, it appeared that Sonic was conducting deferred deposit lending activity involving residents of the State of California. In addition, Sonic engaged in these transactions without providing the customer/borrower a written contract as required and was also charging excessive interest and fees, in some cases exceeding 25% for a two-week loan, in violation of the CDDTL. 9. As a result of the investigation, the Commissioner sent a letter dated March 15, 2006, demanding that Sonic cease its direct deposit lending activity in the State without first securing a license as required, and also requested certain information from Sonic. Counsel for Sonic responded that Sonic was a corporation licensed in the country of Ireland and conducted its lending activity strictly on the internet, claiming that as a result, it was exempt from the laws of the State of California and exempt from the authority of the Commissioner. However, the authority of the Commissioner is codified in Financial Code ???????23005 which states in part: No person shall offer, originate, or make a deferred deposit transaction, arrange a deferred deposit transaction for a deferred deposit originator, act as an agent for a deferred deposit originator, or assist a deferred deposit originator in the origination of a deferred deposit transaction without first obtaining a license from the commissioner and complying with the provisions of this division. The term ???????person??????? as defined by Financial Code ???????23001(e) includes ???????an individual, a corporation, a partnership, a limited liability company . . . .??????? Sonic Payday Limited is a limited liability company, although licensed in the country of Ireland. There is no exemption for offers or transactions conducted over the internet. 10. There is no evidence that any application has been submitted, or a bond obtained. No CDDTL license has ever been issued to Joanne Turner or Sonic Payday Limited. Notwithstanding numerous notifications regarding the licensure requirement, Joanne Turner and Sonic Payday Limited willfully and knowingly continue to engage in deferred deposit business without a license from the Commissioner. By reason of the foregoing, JOANNE TURNER and SONIC PAYDAY LIMITED aka SONIC PAYDAY, LTD. have engaged in the business of deferred deposit transactions without having first obtained a license from the Commissioner in violation of California Financial Code section 23005. Pursuant to California Financial Code section 23050, JOANNE TURNER and SONIC PAYDAY LIMITED aka SONIC PAYDAY, LTD. are hereby ordered to desist and refrain from engaging in the business of deferred deposit transactions in the State of California without first obtaining a license from the Commissioner, or otherwise being exempt. This Order is necessary, in the public interest, for the protection of consumers and is consistent with the purposes, policies and provisions of the California Deferred Deposit Transaction Law. This order shall remain in full force and effect until further order of the Commissioner. California Financial Code section 23050 provides in pertinent part: Whenever, in the opinion of the commissioner, any person is engaged in the business of deferred deposit transactions, as defined in this division, without a license from the commissioner . . . the commissioner may order that person or licensee to desist and to refrain from engaging in the business . If, within 30 days, after the order is served, a written request for a hearing is filed and no hearing is held within 30 days thereafter, the order is rescinded. Dated: May 10, 2006 Los Angeles, CA WAYNE STRUMPFER Acting Corporations Commissioner By Steven C. Thompson Special Administrator California Deferred Deposit Transaction Law I am copying the BBB, CA Attorney General and CA department of Corporations on this letter as well as Universal Fidelity. As well as not being licensed to conduct business within the state of California, your company is guilty of breaking The State of California criminal usury laws. CRIMINAL USURY (EXCERPT) 1052877 CALIFORNIA CONSTITUTION ARTICLE 15 USURY SECTION 1. The rate of interest upon the loan or forbearance of any money, goods, or things in action, or on accounts after demand, shall be 7 percent per annum but it shall be competent for the parties to any loan or forbearance of any money, goods or things in action to contract in writing for a rate of interest: (1) For any loan or forbearance of any money, goods, or things in action, if the money, goods, or things in action are for use primarily for personal, family, or household purposes, at a rate not exceeding 10 percent per annum; provided, however, that any loan or forbearance of any money, goods or things in action the proceeds of which are used primarily for the purchase, construction or improvement of real property shall not be deemed to be a use primarily for personal, family or household purposes; or (2) For any loan or forbearance of any money, goods, or things in action for any use other than specified in paragraph (1), at a rate not exceeding the higher of (a) 10 percent per annum or (b) 5 percent per annum plus the rate prevailing on the 25th day of the month preceding the earlier of (i) the date of execution of the contract to make the loan or forbearance, or (ii) the date of making the loan or forbearance established by the Federal Reserve Bank of San Francisco on advances to member banks under Sections 13 and 13a of the Federal Reserve Act as now in effect or hereafter from time to time amended (or if there is no such single determinable rate of advances, the closest counterpart of such rate as shall be designated by the Superintendent of Banks of the State of California unless some other person or agency is delegated such authority by the Legislature). No person, association, co-partnership or corporation shall by charging any fee, bonus, commission, discount or other compensation receive from a borrower more than the interest authorized by this section upon any loan or forbearance of any money, goods or things in action. However, none of the above restrictions shall apply to any obligations of, loans made by, or forbearances of, any building and loan association as defined in and which is operated under that certain act known as the "Building and Loan Association Act," approved May 5, 1931, as amended, or to any corporation incorporated in the manner prescribed in and operating under that certain act entitled "An act defining industrial loan companies, providing for their incorporation, powers and supervision," approved May 18, 1917, as amended, or any corporation incorporated in the manner prescribed in and operating under that certain act entitled "An act defining credit unions, providing for their incorporation, powers, management and supervision," approved March 31, 1927, as amended or any duly licensed pawnbroker or personal property broker, or any loans made or arranged by any person licensed as a real estate broker by the State of California and secured in whole or in part by liens on real property, or any bank as defined in and operating under that certain act known as the "Bank Act," approved March 1, 1909, as amended, or any bank created and operating under and pursuant to any laws of this State or of the United States of America or any nonprofit cooperative association organized under Chapter 1 (commencing with Section 54001) of Division 20 of the Food and Agricultural Code in loaning or advancing money in connection with any activity mentioned in said title or any corporation, association, syndicate, joint stock company, or partnership engaged exclusively in the business of marketing agricultural, horticultural, viticultural, dairy, live stock, poultry and bee products on a cooperative nonprofit basis in loaning or advancing money to the members thereof or in connection with any such business or any corporation securing money or credit from any federal intermediate credit bank, organized and existing pursuant to the provisions of an act of Congress entitled "Agricultural Credits Act of 1923," as amended in loaning or advancing credit so secured, or any other class of persons authorized by statute, or to any successor in interest to any loan or forbearance exempted under this article, nor shall any such charge of any said exempted classes of persons be considered in any action or for any purpose as increasing or affecting or as connected with the rate of interest hereinbefore fixed. The Legislature may from time to time prescribe the maximum rate per annum of, or provide for the supervision, or the filing of a schedule of, or in any manner fix, regulate or limit, the fees, bonuses, commissions, discounts or other compensation which all or any of the said exempted classes of persons may charge or receive from a borrower in connection with any loan or forbearance of any money, goods or things in action. The rate of interest upon a judgment rendered in any court of this State shall be set by the Legislature at not more than 10 percent per annum. Such rate may be variable and based upon interest rates charged by federal agencies or economic indicators, or both. In the absence of the setting of such rate by the Legislature, the rate of interest on any judgment rendered in any court of the State shall be 7 percent per annum. The provisions of this section shall supersede all provisions of this Constitution and laws enacted thereunder in conflict therewith. XXXXXXX Cc: Better business Bureau CA Attorney General Universal Fidelity CA department of Corporations |