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Can I revoke a wage assignment from an installment loan-IL

Date: Mon, 08/10/2009 - 14:25

Submitted by kcooks3973
on Mon, 08/10/2009 - 14:25

Posts: 91 Credits: [Donate]

Total Replies: 18


I am in a bind again. My employer received a wage assignment from affinity cash loan and I was wondering if I can revoke this. they say I have 20 days to answer and I just got it today but its dated 7/20 which means I have about 7 days. What should I do? I also have a loan that has defaulted with payday one and I want to pay both of these back but cannot afford to have my wages assigned. Any help would be appreciated.


does the wage assignment have your actual signature or an e-signature?


lrhall41

Submitted by paulmergel on Mon, 08/10/2009 - 14:28

( Posts: 15514 | Credits: )


Send them a letter via email, them print out the letter and take it to your employer, done.

The date
Your name and address
The name and address of the creditor
Your account number with the creditor

Dear Sir or Madam,

I hereby revoke your right to use any wage assignment I may or may not have signed with you. You no longer have my permission to use this wage assignment. I am also revoking your right to debit any and all of my personal accounts per the EFTA, regulation E, which is a federal law. If you fail to abide by my wishes, there will be consequences to your actions as I am sure you are aware. I have sent a copy of this to my employer and my financial institution, therefore any wage assignment or debit request or made by your company will be denied.

Sincerely,
Your signature


lrhall41

Submitted by Shazzers on Mon, 08/10/2009 - 14:28

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you see shazz,if it has the actual signature,and it's revoked.they can take the person to court after that.did you try to contact affinity about making up the payments.they might work with you on this.


lrhall41

Submitted by paulmergel on Mon, 08/10/2009 - 14:37

( Posts: 15514 | Credits: )


Quote:

you see shazz,if it has the actual signature,and it's revoked.they can take the person to court after that.did you try to contact affinity about making up the payments.they might work with you on this.


But it is revocable legally, correct? I just want to make sure I understand it right. :)


lrhall41

Submitted by Shazzers on Mon, 08/10/2009 - 15:25

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yes in IL it is 15% of your income after all deductions are taken.


lrhall41

Submitted by paulmergel on Tue, 08/11/2009 - 05:12

( Posts: 15514 | Credits: )


it's not that bad cool.i forgot,there is an income factor too.when ALL CREDIT started garnishing me.i think the income after deductions must be over 330.00 for them to take the 15%.that really benefits no one.that is why i scratch my head at why these loan places play this card.in my example the most the loan place would get is 35.00.if they worked with the consumer.the payoff down the road would be better.


lrhall41

Submitted by paulmergel on Tue, 08/11/2009 - 09:29

( Posts: 15514 | Credits: )


When they sent an intent, they should have also sent an Affidavit of Defense that you can fill out to stop the wage. (If they didn't send you an affidavit, it's contrary to the law and there's statutory damages of $500 involved for not complying with the IL Wage Assignment Act). However, the Wage Act also states that if you do fill out an affidavit of defense against a wage assignment, then in a subsequent lawsuit they can serve you by certified mail (not normal process).

Or you can revoke it too.

Generally if a customer of ours revokes an assignment or fills out an affidavit, and doesn't make acceptable arrangements for the balance, then we will send it to our attorney for suit.


lrhall41

Submitted by DebtCruncher on Tue, 08/11/2009 - 17:37

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I have an employee that has 4 wage assignments that she is revoking. I receieved copies of (supposed) letters she sent to the lenders, but they are not signed or notarized. The letters state that they were sent via certified mail (again no proof) What am I legally bound to do as an employer?


lrhall41

Submitted by on Tue, 08/18/2009 - 14:09

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When I revoked mine I made copies of the signed letters, copies of the return receipt and a copy of the online tracking status showing the company signed for it. 4 days after the company signed for it they still decided to send out a letter of inten to garnish but once I provided my payroll dept. all the info I just mentioned they would not honor it.


lrhall41

Submitted by PinkLady on Tue, 08/18/2009 - 14:15

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When I revoked mine I made copies of the signed letters, copies of the return receipt and a copy of the online tracking status showing the company signed for it. 4 days after the company signed for it they still decided to send out a letter of inten to garnish but once I provided my payroll dept. all the info I just mentioned they would not honor it.


lrhall41

Submitted by PinkLady on Tue, 08/18/2009 - 14:15

( Posts: 1720 | Credits: )