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Garnishment Question

Submitted by mppsu2003 on Thu, 05/15/2008 - 10:09
Posts: 116
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Some Payday loan company left me a voicemail threatening that they could garnish 40% of my pay and yadayada. Now i know it's not that simple, but i am a little unsure of how garnishment works

1) I live in Pa, which i'm pretty sure doesn't allow garnishment save for taxes, child support, federal loans. Although my work's corporate office is in Georgia. So which state applies for garnishment laws? Or is it the state of this PDL company

2) Even if they could garnish, it's not a simple matter right. I'd have to go to court first?

This is a matter i'd like to resolve simply but they're not very flexible...they will only accept ACH payments and won't send any writing to me until i agree to a payment plan (i know better than this though). Of course i also don't want them to even contact work. Any advice is appreciated


first send a letter revoking any wage assignments
to your HR dept.most PDL'S will try to push
through a wage assignment.those are revokable.
a garnishment needs a court order.next send DV
and C&D letters.this will make them prove they
have legal rights to the debt and the legal
right to collect.plus it contains a cease and
desist clause.send these certified mail return
receipt.


Submitted by paulmergel on Thu, 05/15/2008 - 10:18

paulmergel

( Posts: 15514 | Credits: )


If the pdl company is the original creditor they don't have to provide validation, that's only true for collection agencies according to the fdcpa. But do send them a wage revocation letter. If you want more assistance with your pdl's we will need more info and would most happy to assist you. :) If so:
State you live in
Amount borrowed
Amount paid back
Name of companies
Internet or Store front.

I will move this to the pdl forum where it will get more attention. :)


Submitted by Shazzers on Thu, 05/15/2008 - 10:33

Shazzers

( Posts: 17344 | Credits: )


What are wage assignments? and who do i send this revocation letter to? i'm not familiar with this term

the company is called Cash2daylimited
I live in Pennsylvania. The original amount (they're saying) is 479 dollars. They amount they say i owe is 4,700 dollars and are offering a $1700 settlement


Submitted by mppsu2003 on Thu, 05/15/2008 - 10:36

mppsu2003

( Posts: 116 | Credits: )


OMG! That's rediculous!! A wage assignment letter is basically a letter to them (to protect yourself) revoking any rights to taking part of your wages. Example:

Date
Acct #

Thier Name
Address, State

To Whom It May Concern:

I hereby revoke any and all rights for wage assignment I may or may not have signed.

Your signature.

Pretty basic. You can spruce it up if you like.


Submitted by Shazzers on Thu, 05/15/2008 - 10:41

Shazzers

( Posts: 17344 | Credits: )


Your laws: Pa.

Legal Status: Prohibited
Citation:
Check cashers are specifically prohibited from making payday loans under Check Cashing Licensing Act of 1998, ???? 505(a). Otherwise, consumer discount company act applies. 7 Pa. Cons. Stat. Ann. ???? 6201 et seq.
Small Loan Rate Cap
$9.50 per $100 per year discount or 24% per year
Where to Complain, Get Information:
Regulator: Pennsylvania Department of Banking
Address: Market Square Plaza, 17 N. Second Street Harrisburg PA 17101
Phone: (717) 214-8343
Fax: (717) 787-8773
Regulatory Contact: Jim Keiser Administrator of Non-Depository Institutions
Regulator????????s Website
Complaint Form
Complaint Instructions
Online Resources:


Submitted by Shazzers on Thu, 05/15/2008 - 10:44

Shazzers

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yes internet...called Cash2daylimited

the guy claimed that fee was the result of '69 returned payments of 79 dollar fees' ...i know the account i took pay day loans out a few years ago was closed more than 2 years ago (they are saying this loan is from September 2005).

The problem is i cannot find any info on this company...they wouldn't give me an address, and i found nothing online.


Submitted by mppsu2003 on Thu, 05/15/2008 - 10:44

mppsu2003

( Posts: 116 | Credits: )


i think cash2daylimited is another overseas illegal PDL.send that wage assignment letter.i would make sure your HR gets a copy first,this place could fax it tommorow.some places just honor it.this place couldn't get a legal garnishment if there lives depended on it.


Submitted by paulmergel on Thu, 05/15/2008 - 10:47

paulmergel

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Name: Cash Today Limited
Phone: (800) 680-2177
Fax: (800) 690-9926
Address: 1231 NW Hoyt St Ste 301
Portland, OR 97209-3059
Principal: Mr Brian Carter, Customer Solutions
Customer Contact: Mr Brian Carter, Customer Solutions - (800) 680-2177
File Open Date: December 2004
Industry Classification: Check Cashing Service
BBB Accreditation: This organization is not a BBB Accredited business.


does this look like the company mppsu?


Submitted by toledoguy030 on Thu, 05/15/2008 - 11:13

toledoguy030

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that is what these companies will say,that all you paid was finance charges.a load if there ever was one.use the address provided,send the letters,then give your HR a copy of the revocation of any wage assignments.the sooner the better.


Submitted by paulmergel on Thu, 05/15/2008 - 11:31

paulmergel

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could well be...the number i have is 877-290-5259 and the guy said he was from the legal dept. and when i called in that's how they answered the phone.

If i faxed them will that legally stop them from trying this wage assignment thing?

thanks for getting this!


Submitted by on Thu, 05/15/2008 - 11:35

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some will some won't.it is best to make sure your HR gets a copy of the letter first.heard too many stories on other forums where HR people just let wage assignments through.at least inform them of the possibility.hate to see all your effort go to the wayside because they pushed through a phony baloney wage assignment.


Submitted by paulmergel on Thu, 05/15/2008 - 11:51

paulmergel

( Posts: 15514 | Credits: )


Food for thought: In some states they will not garnish wages unless it is for the following:

Child Support-The kids have to eat too
Federal Taxes-the IRS is going to get their money one way or the other
State Taxes-the state is the same way
Student Loans-all they need is your social security number and they will find you

Also, some states and employers will not accept wage assignements My advice is to contact your payroll department to see if they will accept an wage assignement from your payday lenders.


Submitted by wssu92 on Fri, 05/16/2008 - 04:42

wssu92

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that's correct,a wage assignment is a piece of paper stating an intent to assign.a garnishment is a court document ordering garnishment.the problem is some HR people don't recognize the difference.that is why it's important to inform your HR of this.


Submitted by paulmergel on Fri, 05/16/2008 - 06:09

paulmergel

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I live in GA and am being threatened with a wage assignment from 247 greenstreet. is this legal? Payday loans are illegal here, but they are based in Malta.


Submitted by on Fri, 04/22/2011 - 19:23

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