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Wage Assignment Tremont Financial

Submitted by trujilt on Mon, 04/12/2010 - 19:14
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I have a defaulted loan with Tremont that I have paid $100 of a $500 loan. I am trying to pay towards this loan as I can but just got a letter saying that they will be contacting my employer regarding this loan to attach my wages for the remaining $400. I work for county government. I am reading here that the wage assigment is revocable and not legal if not signed in person. I believe I signed the contract and then faxed it in. So they have my faxed signature not a digital signature. Am I out of luck? Is it to late to revoke since I already got this letter? My last payment was last month and I plan to continue paying til it is paid. If someone can lead me in the right direction I would appreciate it.


Whether it was signed with a pen or elecronically, it doesn't really matter. What you are dealing with is a voluntary wage assignment. These are, as the name suggests, VOLUNTARY and can be revoked by you at any time.

Whether you've already done so or not, you should send Tremont a letter stating the following:

I hereby revoke any and all wage assignments I may or may not have signed with your company, I no longer authorize you, your company, or your affiliates to attach any part of my wages or contact my employer for your collection purposes. I have notified my employer about this matter so any attempts to do so on your part will be rejected.


Send a copy via certified mail, so you can prove you sent it. Then fax them a copy, so they'll get it right way. Then give copies to your HR and Payroll department.

The only way they will be able to FORCE you to pay thru wage assigment is if it's court-ordered... which means they have to have gone to court and won a judgement against you which included a provision for court-ordered wage garnishment.


Submitted by msmotr on Mon, 04/12/2010 - 20:29

msmotr

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Thanks for the info. Yes as it turns out the packet did come thru my office and was sent to payroll by the office manager. Payroll stated to me that the request has to be sent thru the sheriff civil division which was not done. I will be sending them a copy of my revocation letter to be safe. I would like to continue to pay towards this balance to finally get them out of my life. Can they refuse my payments and continue to try to assign my wages?


Submitted by trujilt on Tue, 04/13/2010 - 11:15

trujilt

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Sure they can... they can refuse and try all they want, but it will get them nowhere.

The only way they can garnish your wages without your permission is if they take you to court and win a judgement against you. And if you attempt to make good-faith payments and they refuse them, they are only damaging their case, and thereby far less likely to win the judgement needed to garnish your wages.

Of course, if they are illegal, all of this is moot anyway. They can posture and threaten all they want, but they can't do doodly to you.


Submitted by on Tue, 04/13/2010 - 13:50

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What Tremont does is sue you in a small claims court in South Dakota, knowing you won't show up. However, the court will hear the case because they a) are licensed in SD and b) you consented to the forum in your contract. So they get a default judgment. But then they get sneaky. My boy Brad (Read "my boy" with maximum sarcasm) the collections manager doesn't have the cajones to take that judgment to a court in your state and request that it be enforced, which is what it legally required to do a garnishment. Instead, he mails the South Dakota judgment to your boss, hoping he or she sees a court order and starts saluting without ever questioning whether a court in South Dakota has power over him.

Funny thing occurs to me as I write this. We all take it as an article of faith that a lender in another state has to listen to our AG's, yet I know that we don't have to obey judgments from a court in the lender's state unless a judge where we live issues an enforcement order. Why is that?


Submitted by on Wed, 04/14/2010 - 17:56

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I sent them the Wage Assignment revocation letter and I immediately got an email stating they were to begin the SUE process. I then get an email from ol' Brad that the judgement process would begin and I would be repsonsible to pay $550 or more. The email stated that Tremont would get the judgement in their state but that they would "sincerely appreciate your cooperation" and to call Brad regarding the matter. I called and offered to pay in two payments to be done with it. I thought I would be up against a fight since the SUE process was to begin. Ol' Brad took the arrangements like fish takes to water...he knows to take the offer while he has the chance as any other means would be difficult and he knows it. I did only make the arrangements on what I legally. Once paid I can get these jerks off my back.


Submitted by trujilt on Thu, 04/15/2010 - 09:11

trujilt

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