Garnishment

In ur state of residence hvn. Actually i think (not sure but will check) in ur county.
Do u have a judgement against u? that is the ONLY way a CA can garnish ur wages is if they have a judgement. It should be on ur credit report if they have one.
Ang

Nope - no garnishment. A PDL tried to present a assignment to my employer; however I had revoked it and my employer had proof. In the letter, the company states that they are filing for a garnishment in their county. And that my employer can expect, in 6-8 weeks a judgement against me for $600. Now mind you, they havent written to me to tell me how much, etc. Today I sent them the initial validate my debt letter. They have not disclosed to me how much the balance is !!!

Ahh well to ease ur mind a little bit, before they can get ANY kind of garnishment they have to have a judgement and it will take them a LOT longer than 6 weeks in my experience! The courts are already bogged down and it would probably take longer than that to get in front of ANY judge!!
What state are u in? PDL's are illegal in lots of states!! I'm not that familiar with pay day loans but i DO know that much... U may wanna check out ur state laws first and also see if they're licensed in ur state to begin with (if they are indeed legal)
Good Luck,
Ang

It just sounds like one of their tricks to get your money. Good thing you already revoked the assignment. Now your employer is aware that they are up to no good, too. :-)

I doubt if an illegal PDL can get a court order for a garnishment. If they are illegal to begin with they would be thrown out of court. A wage assignment is 100% voluntary . Did you ever sign a wage assignment?
You did the correct thing by revoking it, and giving your employer a copy. Is the Pdl legal in your state?If yes, then they can go to court, but I believe it has to be in your county not theirs. Is this internet or store front. All of this determines their rights and yours.

Internet loan; they are NOT licensed in my state. Im in IL.

Ok that is good. Just as long as you did revoke any assignments, you should be in the clear. As long as they are not legal in your state, they can not do anything to you.

I realize that most of the PDL companies are sleezy. I just cant comprehend why they would expose themselves by drafting/sending a letter to my employer with one lie after the other!

They will do what ever they can to try to gey their money. Have you already paid them back what you legally owe?

Just out of curiosity, which pdl company is this? First of all, if they were going to garnish your wages, they would have to file a judgement against you before anything else. Like Ang said, this takes some time, a court hearing, and THEN they would have to get an order to garnish your wages. From what they are telling you, they don't even know the legal process which tells me they are just blowing smoke at you!!

No - I havnt made any payments yet. Still waiting for them to verify & disclose my balance. If I am understanding correctly; the principal is $250.00. I owe them $ 250. I can not pay all at once. Will send 1st payment week of 10/15.

They would have to file in your county. Technically, they could have a judgement in 6 weeks. Normally what happens is they file the lawsuit, and if you don't respond to the suit a default judgement is entered against you. That would only take 6 weeks. But if you respond to the summons and don't ignore things it will add time onto things.

But - I would bet this is a lie they are using to try to scare you into paying up. ameriloan is part of MTE and they are being chased out of a bunch of states. They are not going to set foot in a courtroom.

Goudah, If they are illegal, how can they even think of going to court? I agree that its part of MTE and that they are just using scare tactics, Do they really believe that they can take some one to court?

This is ameriloan? I don't see where in hvn's posts she said it was them...MTE doesn't do wage assignments, at least they didn't used to.

They can't take someone to court if they're illegal! And i'd imagine it could be possible to get a garnishment in that amount of time but highly unusual or unlikely! I didn't answer my summons and it took them over a year to "try" to garnish and they still weren't able too! Of course this is just my case!
And they're just trying to scare u.... I don't see them suing even if they were legal for that little bit of money!
Ang

Yeah, that's why I said they aren't going to step foot in a courtroom.

But anyone can sue anyone. All it takes is the filing fee. If a blatantly illegal pdl like ameriloan took someone to court, it would be on the hope that the person wouldn't respond to the summons and they would get a default judgement, because the case wouldn't stand up once a judge looked at it.

Ahh true goud!!
I didn't even think of that! DOH ME!
So it would be up to the person to use this as their defense then it would be thrown out right?
I'm sure they won't but just for the sake of this conversation! lol
Thanks goud!
Ang

Anyone can take anyone to court, illegal or not. our defense would be that the debt is illegal. But they can sue. It's just that they wouldn't win if it was fought.

And it all depends on your county and the creditor. If you don't answer a summons and have a default judgement entered against you, then the creditor can immediatly file for garnishment. That usually only take about a week. In your case Ang it may be that the creditor just waited a while to garnish you. It doesn't take long at all to get a garnishment order once you have a judgement.

Well goud i got the summons for garnishment a LONG time ago but just had to wait on a court date!! That was many many months.... then they decided to settle for the original amt i offered them before they ever even sued.... i'll NEVER understand these CA's!
Ang

Yeah, you're right - That would be your defense.

And yeah, I've never heard of anyone sued by these places on an illegal loan. Most pdl's aren't going to spend the money on a suit and go through the courts when they can just use "other" methods like debiting your account without authorization or using illegal wage assignments!

Ya know goud, i was just thinking earlier, i've been on this forum for almost a year and a half and have seen LOTS of pdl post, LOTS!! I don't ever remember seeing one that has actually been sued... do u??
I was just curious is all!
Ang

I think in your case it was because of they way you are paid at your job - You don't have easily verifyable income. If you had a normal case it would take no time. That's why you had a hearing and such, because they couldn't locate your wages and wanted more information. If you have a "normal" paying job, they just get the garnishment and contact the employer, there isn't the hearing that you had to go to.

I haven't seen anyone sued by an illegal pdl . . . Legal, yes.

Well goud i went to court and showed them my assests, ALL OF THEM! They tried to take hubby to court to garnish his wages! Didn't work so i see what ur saying now!
Have a good one,
Ang

The company is Avantis Financial, also known as FFSCLLC.com & Tremont financial.

Ah! Tremont is known for doing wage assignments . . . . They would have to sue you in your county.

Tremont Financial is licensed in South Dakota. I'll check and see if they are licensed in IL . .

I don't think they are seperatly licensed in IL . . . I think Tremont does business under the "one license model" where they believe that having authority to lend from one state gives them authority to lend over the internet in other states . . . . .

Ive checked & they are not licensed in the state of IL. I'll wait to see if I am served - I wont hold my breath. I have a feeling that I would look like an 80's smurf character waiting for it . . . .

I have a question about the wage assignments vs. wage garnishments.

I have these couple Internet PDLS..and I have no emails or idea who the parent companies really are. I have only Jackson Phillips and now Accounts Recievable calling ( ironic they both are in Jacksonville FL) so- I dont even have any contracts or anything to contact these people.
Would a wage assignment revoke letter go the CA ? or the original PDL?
Also, would an employer "have to " abide by the wage assignment if the CA or PDL sent it to the payroll dept before they got the revoke letter?

Thanks for all your help with the clarification of my dilema!!! :wink:

The revoke letter would go to the original pdl. The CA wouldn't be able to do anything, as the assignment is for the pdl, not them.

And no. In fact, wage assignments are illegal in most states, and in the states they are legal in there are many requirements, like being signed in person, spousal consent, etc. The only reason these illegal wage assignments go through is uneducated employers. It is 100% up to the employer if they want to do the assignment or not.

Lorim, I know Accounts Receivable is a collection agency and is associated with Cash Net 500/ Pay day loan yes and United Quick Loans..Do you have pdls with any of these? I sent them a debt validation letter ( I used the one in the do it yourself section). I want to say Jackson Phillips is associated with them but could be wrong. IF you want the info for the DV letter pm me.

A wage assingment is voluntary on the side of the employer but I urge you to let your employer know these are illegal companies. Did you not send you payroll department a revoke letter yet.

so, in my situation, what should I do? I would really hate for a wage assignment to go to my human resources and they would not know. I had this happen 5 or so years ago when I worked at a bank, I fought with the PDL company and the payroll dept..finally I was like FINE take it DA** IT and be done with me.

At that time PDLs were legal in NC... now they arent. SO , in a nutshell, I have to find out these jokers and send them wage assignment revokes and keep copies in the event they get a bright idea to try it.

However--- if they have sent my accounts to CA would they still try it? :shock:

Jackson Phillips is Accounts Receivable/ARM. They aren't really associated with Cash Net 500, just that Cash Net 500 uses them. But they aren't related companies. It's just the normal creditor/collection agency relationship.

When did pld's become legal in NC? I thought they were illegal . . . . .

I would say that once they've sent it to an outside collection agency, the chance of them trying a wage assignment is very low. They would use that to collect before they sent it to collections.

Goudah, I linked ARM with Cashnet 500 becasue one of the phone numbers they gave me to call back on came up in BBB as Pay Day Loan Yes and another came up on BBB as United Quick Loans.

I dont think ARM even told me who the PDL was. Jackson said I think Total lending and Arrowhead.

Oh yea NC used to have a PD store on every corner, but I am guessing while I was living out of state they made it illegal..

SO your saying JACKSON PHILLIPS IS ARM / ACCOUNTS RECIVABLES????????? WHAT A CROCK.. THEY ARE SUCH LOSERS.

thanks for that update. I needed to know that for sure. :shock:

Hmm . . . . I'm not sure that would mean they are the same company . . . . . Not to knock the BBB, but they do make mistakes. They had DCC connected with a pdl too!

I know that Jackson Phillips goes by a bunch of names . . . . All located in Jacksonville, FL.

United Quick Loans or United Cash Loans?

Oops, ARM is located in IL, not FL. I've always associated the two together, but it looks like they aren't the same company.

Actually, there is an ARM in a bunch of different states. I don't think they are the same as Jackson Phillips.

But I also don't think they are the same company as Cash Net 500 . . . . The info about ARM's phone # on the BBB could've come from someone that filed a complaint against Payday Loan Yes, but put ARM's phone down since they had been contacted by them.

you know I have the information from what the girl said , she was from Accounts Receivables in Jacksonville fl, phone number of 1-866-679-4046 with an address of : 9000 Regency Square,Bottom Floor, Jacksonville, FL , I apologize she said it was National Title Loans.. and I was like .. never heard of them.

claimed they sent me a letter on Aug. 10 to my address, and she said it correctly back to me, but alas, no letter...


Does that info help?

RoxyNY I pm'd you....... :wink:

Okay, then I'm not going crazy . . . . They are located in Jacksonville, FL like I thought . . . .

That address is for United Legal Corp . . . . They go by so many names!

Maybe I'm not understanding something here; how can this one company present as so many different companies. Are they legit collection agencies & do they have to abide by the fdcpa? Do they have to hold license to collect debt(s) in the state(s) the portray to be located in or only licensed in your state of residence to attempt to collect your debt?

The company I am talking about ARM is that addy too Goudah. And yes, the BBB could be wrong who knows. All I know is that I have never been treated so badly in my life.

Lorim, I have no pm's. If you want the letter and my contact inf just post and I will pm you.

I am soo confused. :roll: :cry:
LOL!!!!!
It seems like maybe the same people are calling me with different names and companies..LOL!!

cuckoo cuckoo cuckoo....

I miss my subway/fake atty office lady.. she was the best.. :lol:
wonder why she wont call me back. atleast she lied for real and she knew I caught her in it.

so we now think JPA and Accounts Recievables are related ? or distant cousins?

and here is another thing, I asked for the original creditor (PDL ) from Jackson, to verify the information, and they refused to give it to me. Only names, which are vague at that. with all their DBA aka names.
I never get any emails or hardcopy letters from CAs or these PDLs, I dont even have links to the so called documents to even look at ,I have one, and when I click it , it says server error, and try again. I applied, got a loan, and the money was there. I didnt have any recourse or papers to a-give it back , unless they took it from my bank account, b-to contact them back ... I think I may have got hit with some shady stuff,( well they all are shady) and now I worry if I get a wage assignment from someone and Iwill have to explain this to someone... who clearly would not understand.

I though have learned my lesson.
NEVER AGAIN. :evil:

I am sorry .. try pming me.. I dont know what happened.