Can they just take my paycheck without any paper notice?

Date: Tue, 10/09/2007 - 06:33

Submitted by anonymous
on Tue, 10/09/2007 - 06:33

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Total Replies: 3

I have recent;y been paying of my payday loans. I have closed my checking account so they would stop taking more and more money out even though they have received everything back. I got a phone call last night from one of them and they are saying that I owe them 800 dollars!!!! I only owe them 60.00 on the loan and then whatever the interest is at this point. Who knows since it is forever changing. The woman on the phone said she is going to contact my offices HR dept and have my paycheck garnished. I told her I wanted something in writing to show me how or why I still owe 800 bucks. She was not happy with my reply and told me she was taking my paycheck and I was not going to receive any paperwork about it. Can they do this? It hasn't even gone to collections. I have contacted them numerous times to get the amount needed to be done with them and then I get this phone call. I can't lose my paycheck. How do I stop them from taking it???? Please HELP!

First of all, Please calm down. NO ONE is going to take your pay

First of all, Please calm down. NO ONE is going to take your paycheck. In order for them to garnish your salary they first have to obtain a court order. Chances are this is an illegal company, and no court in this world would grant them an order.
If you have signed a wage assignment please revoke it. Unlike a garnishment an assignment is completely voluntary and can be revoked at any time. No HR manager will even accept them.
Please let us know who the lender is, and how much you have borrowed, how much you have paid back and which state you live in.

lrhall41

Submitted by kashzan on Tue, 10/09/2007 - 06:38

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Hi darneson. I don't know how comfortable you might be with this

Hi darneson. I don't know how comfortable you might be with this, but you may want to warn your HR dept. that they might receive a wage assignment form and give them a copy of your revokation. I know that the pdls do sometimes attempt to get money in this way, but they aren't successful in most cases, from what I understand. BUT, there is always that 1% that your HR dept. might acknowledge and accept the wage assignment. If you let them know then you can be sure you are covered if they do try something.

lrhall41

Submitted by eleroo on Tue, 10/09/2007 - 07:00

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Pleas follow Kashzan's advice and revoke that wage assignment no

Pleas follow Kashzan's advice and revoke that wage assignment now!

A wage assignment is a clause that many pdl's will put into the contract. It gives them permission from you to take the money directly out of your paycheck if you default. This is 100% voluntary, and flat out illegal in many states.

But please, send them a letter certified mail stating this:

"I hereby revoke any and all wage assignments I may have signed with Company X."

Keep a copy of this and the recipet showing they recieved it in case they still try to put it through.

lrhall41

Submitted by goudah2424 on Tue, 10/09/2007 - 07:17

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