MyCashNow aka International Payment Services is attempting a wage assignment
Date: Mon, 11/23/2009 - 06:03
It's on now and I'm heated! I'm filing a complaint with NY and Maryland's attorney general. Should I look into getting an attorney?
I forgot mention...the wage assignment is "without prejudice".
I forgot mention...the wage assignment is "without prejudice". What does this mean?
Quote:Originally Posted by IconI forgot mention...the wage assig
Quote:
Originally Posted by Icon I forgot mention...the wage assignment is "without prejudice". What does this mean? |
doesn't matter.all wage assignments are voluntary,and revocable.she should not honor it if you gave her the revocation letter.she is opening the company to a lawsuit by you that can cost this person her job.i hope the regional office sees this and does not honor it.
Quote:Originally Posted by IconMy HR person notified me this mor
Quote:
Originally Posted by Icon My HR person notified me this morning that International Payment Services sent a letter of wage assignment and that Regional HR notified her that they had to submit it to payroll. I went right into her office and informed her that just as I gave the authorization to assign my wages, I could revoke a wage assignment at any time in writing, which I did by email and fax. I told her that unless they got a court order they had no right to go after my wages. I gave her the letters I sent them and she forwarded them to Regional HR. It's on now and I'm heated! I'm filing a complaint with NY and Maryland's attorney general. Should I look into getting an attorney? |
wait and see what your regional office does first.you may have to go after your own employer first,but if they don't honor the wage assignment(which they shouldn't)then file more complaints with those AG'S.the more the better.
I tried to change the thread title, but it didn't work. The PDL
I tried to change the thread title, but it didn't work. The PDL in this case is 1000CashOvernight, not MyCashNow.
Quote:Originally Posted by IconI tried to change the thread titl
Quote:
Originally Posted by Icon I tried to change the thread title, but it didn't work. The PDL in this case is 1000CashOvernight, not MyCashNow. |
still doesn't matter they are an illegal pdl.this wage assignment has an e-signature,not an actual signature.if so then they should not honor it.
Does the Electronic Signatures in Global and National Commerce A
Does the Electronic Signatures in Global and National Commerce Act, 15USC 7001 et. seq. Section 7001(h) not apply in regards to the electronic signature?
International Payment Services seems to think it does, because "payday loan agreements - like most credit agreements - don't fall within the exceptions (wills, court documents, utility shutoff notices or residential lease terminations). I've read up on this Act, and it appears to me--correct me if I'm wrong--as if said PDL is being creative with the terminology.
Yes? No?
paul is correct, regardless of who they are, you can revoke this
paul is correct, regardless of who they are, you can revoke this and them denying you is illegal. all wage assignments are revokable, even for legal debt but this one being illegal makes it worse that they are giving you a hard time.
icon, about the signature, i am not sure but it does not matter.
icon, about the signature, i am not sure but it does not matter. they are illegal plain and simple. they are likely to straight out lie about anything on legal terms so seriously ignore their threats and make believe logic.
Quote:Originally Posted by bea2lspaul is correct, regardless of
Quote:
Originally Posted by bea2ls paul is correct, regardless of who they are, you can revoke this and them denying you is illegal. all wage assignments are revokable, even for legal debt but this one being illegal makes it worse that they are giving you a hard time. |
Right now, I'm waiting to see what our Regional payroll does. If they allow this, I'll have no choice but to seek legal counsel. You'd think payroll would know the difference between wage assignment and wage garnishment.
sadly it is quite often that they do not know the difference and
sadly it is quite often that they do not know the difference and allow things like this to happen :(
They're also attempting to get my employer to take 10 percent mo
They're also attempting to get my employer to take 10 percent more than what my state allows under the wage garnishment laws!
Quote:Originally Posted by IconThey're also attempting to get my
Quote:
Originally Posted by Icon They're also attempting to get my employer to take 10 percent more than what my state allows under the wage garnishment laws! |
then neither HR people deserve their jobs.they should know what a court ordered garnishment looks like,and what% is allowed.if the regional allows it ask your AG for help in finding an atttorney.your employer should be sued if they allow this.
Dear Lord I hope it doesn't come to that, Paul. As much as I hat
Dear Lord I hope it doesn't come to that, Paul. As much as I hate my job, I need it to pay the bills, kwim?
Our HR person here emailed a copy of my revocation letter and email/fax communications with IPS to the Sr. HR Manager in our corporate office in another state. They will probably submit it to Payroll for review. If I get word that Payroll allows it, someone's going to have explain themselves to an attorney.
Quote:Originally Posted by IconDear Lord I hope it doesn't come
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Originally Posted by Icon Dear Lord I hope it doesn't come to that, Paul. As much as I hate my job, I need it to pay the bills, kwim? Our HR person here emailed a copy of my revocation letter and email/fax communications with IPS to the Sr. HR Manager in our corporate office in another state. They will probably submit it to Payroll for review. If I get word that Payroll allows it, someone's going to have explain themselves to an attorney. |
if they fire you over this.then they can pay you.they can't fire you,but your HR people will most likely be dismissed if they get sued for not knowing their jobs.that is their problem,not yours.how will you pay bills if a bogus assignment is allowed to go through?
In hindsight, this is a lesson in reading and printing out contr
In hindsight, this is a lesson in reading and printing out contracts, especially electronic ones. I looked over my contract that was attached to the wage assignment letter (which was not professional looking at all). There's a clause that states that they reserve the right to assign wages without the lender's consent. Had I seen this, I would have passed on the loan. This was back in September, and I'm sitting here trying to remember whether I printed it out and saved it on my computer someplace or if I just didn't print it out. I can just imagine my HR pointing out that clause as the reason they 'have' to honor it.
I think I'm going to have go rogue and sic an attorney on some folks.
Quote:Originally Posted by IconIn hindsight, this is a lesson in
Quote:
Originally Posted by Icon In hindsight, this is a lesson in reading and printing out contracts, especially electronic ones. I looked over my contract that was attached to the wage assignment letter (which was not professional looking at all). There's a clause that states that they reserve the right to assign wages without the lender's consent. Had I seen this, I would have passed on the loan. This was back in September, and I'm sitting here trying to remember whether I printed it out and saved it on my computer someplace or if I just didn't print it out. I can just imagine my HR pointing out that clause as the reason they 'have' to honor it. I think I'm going to have go rogue and sic an attorney on some folks. |
again,an illegal loan.which means the contract isn't worth the paper it's printed on.maybe you should show your state PDL laws to your HR people as well.get the NY AG involved.they will straighten this out.also.the place sending the wage assignment isn't licensed at all.that should send red flags to your ignorant HR person.there are many clauses on those contracts,but being illegal they mean nothing.keep us informed of what the regional has to say.
I agree with Paul, I would hate to see you pay a lawyer for some
I agree with Paul, I would hate to see you pay a lawyer for something that is not even legal! My bank refused to believe they were illegal when I was having problems and it still makes my blood boil. Is there anyone higher up you can speak to in HR?
Quote:Originally Posted by bea2lsI agree with Paul, I would hate
Quote:
Originally Posted by bea2ls I agree with Paul, I would hate to see you pay a lawyer for something that is not even legal! My bank refused to believe they were illegal when I was having problems and it still makes my blood boil. Is there anyone higher up you can speak to in HR? |
good point bea2ls.i would ask your boss about how you would present this to your regional office yourself.sorry i just have a feeling your HR person icon would honor this.go above them.send everything you have to them on your own.your state pdl laws,the fact that neither the lender or collector is licensed,the proof you overpaid,the revocation letter,and the assignment itself showing that they want 10% more than the cap for garnishments.make sure they get everything to see that this shouldn't be honored.
I've sent the revocation letter and all of the email communicati
I've sent the revocation letter and all of the email communication between me and the PDL, as well as a copy of the wage assignment that has a copy of the contract, and the time, date and IP from where I initated the loan (which thankfully was done during my lunch hour at home. This is a good way for them to get you in trouble at your job if you initiate a loan from your workplace computer, which I've done...uh oh).
The reason I'm considering legal representation is not only for this PDL but for any of the others that may try this. I'm truly hoping and praying it will not come to this.
Quote:Originally Posted by IconI've sent the revocation letter a
Quote:
Originally Posted by Icon I've sent the revocation letter and all of the email communication between me and the PDL, as well as a copy of the wage assignment that has a copy of the contract, and the time, date and IP from where I initated the loan (which thankfully was done during my lunch hour at home. This is a good way for them to get you in trouble at your job if you initiate a loan from your workplace computer, which I've done...uh oh). The reason I'm considering legal representation is not only for this PDL but for any of the others that may try this. I'm truly hoping and praying it will not come to this. |
you see icon.alot of these pdl's are not really located here.they have mail drop addresses,but that's it.making lawsuits virtually impossible.that is why your HR people should know better than this than to honor a flimsy wage assignment.
I just sent an email to our Senior HR person, whom our local HR
I just sent an email to our Senior HR person, whom our local HR person sent my documents to. I clearly stated my position. She emailed me back stating that she read over everything and she did not do anything with it. She put a call into the Director of Payroll to make certain and she will let me know, but she said that most likely she will end up shredding it because she didn't think it was enforceable. For those of you who believe in God or whatever higher power, send up a few for me, would ya'?
Quote:Originally Posted by IconI just sent an email to our Senio
Quote:
Originally Posted by Icon I just sent an email to our Senior HR person, whom our local HR person sent my documents to. I clearly stated my position. She emailed me back stating that she read over everything and she did not do anything with it. She put a call into the Director of Payroll to make certain and she will let me know, but she said that most likely she will end up shredding it because she didn't think it was enforceable. For those of you who believe in God or whatever higher power, send up a few for me, would ya'? |
sending out as i post icon.hoping they do whats right,and legal.
same here, icon. it is such a shame that you have to go through
same here, icon. it is such a shame that you have to go through this :(
Well I won't be going through it any more, and good luck to Inte
Well I won't be going through it any more, and good luck to International Payment Services in trying to attach my wages, because I no longer have a job thanks to a layoff. I hated the job anyway, so I consider it as a door that needed to be closed so that one with a better opportunity can open.