Wage Assignment received by my payroll department

Hi Lcarib99

Welcome to the forums.

I am not sure if you are mentioning about a wage assignment or a wage garnishment. Please read this thread to know about a legal wage assignment procedure.

http://forums.debtcc.com/forums/wageassign-legal.html

The amount that is subjected to garnishment based on $5.15 an hour minimum wage should meet the following requirements.

• As per the laws of wage garnishment based on $5.15 an hour minimum wage, there won't be any deduction till the amount $154.50.
  
  
• If your weekly wage is more than $154.50, your wages can be garnished from this amount up to $206.00 (disposable income)
  
  
• And, if your disposable income is more than $206.00, only 25% of the total amount can be garnished.
  

Good morning, Roxette. Thank you for your reply. This is a wage assignment, not a garnishment. I am aware of the 25% rule for garnishment, but they are in fact deducting $683 (the entire amount) and it is already reflected in my take home pay as of this Friday.

I have emailed the manager in Payroll for assistance in determining what exactly was enabled for this company (being Sonic Payday) to assign wages. The link you have provided I read again this morning. Not one of the points stated as a requirement for the "wage assignment" were followed. I advised this same manager that as soon as I hear from my attorney, I will be revoking any such authorization, if I am able to do so. I wonder if I haven't made a mistake somewhere.

I have yet to hear from the payroll manager, the attorney, as well as 2 other attorneys I attempted to contact. Nobody seems to know how to help me here, with the exception of you since you're the only one who has bothered to respond. :(

I am absolutely beside myself.

Lcarib99

So your payroll manager didn't follow any of the "assignment rules" to see if 'wage assignment' document was legit? You have a right to see the documents before they proceed. There should have been a small, but speedy due process before they filed the papers to have the money sent to Sonic. Questions and answers basically.

Forceable wage assignments were done away with in the mid 80's. I would ask your payroll manager stop the process. Remember that assignments need to be signed (in person).

Sorry to hear of the troubles you are having. Have you tried working anything out with Sonic?

Regards-
Mike

Well, I just received the "return receipt" of my email sent to the manager in payroll last evening. I am awaiting for her reply.

I will reiterate the requirement of having a wage assignment signed in person. My name is printed with the note next to it "digital signature" (since there isn't a way for me to sign a document via the internet, when no faxing is done, either).

I do hold myself responsible for not working something out with Sonic. However, the people were very demanding that they would not work any other way with the exception of pmt in full via western union. I probably should've just taken my chances and sent a partial pmt via Western Union, I highly doubt they would've turned down any money. However, that was a good 6 months ago and I had since not rec'd any written correspondence from Sonic for which I'd be able to reach anyone. Six months ago, I might add, I was not in a financial position to pay the entire thing off.

To this day I am even afraid to contact Sonic. The initial calls were like I said, very abusive. The "demand for wage assignment" sent to payroll also clearly indicates that they were previously in touch with my company. (the wage assignment indicates "further to our communication with your dept"). So I wonder what information had transpired in speaking to Payroll or Human Resources. They even had Payroll's direct fax line.

I also owe to Sonic but I work at a major corporation with a sophisticated payroll dept. It's been way over 6 months for me too but I never heard anything from my employer regarding wage assignment. My employer sticks to the rules and the laws and like any big company they try to avoid any lawsuits.

I bet my payroll has received the wage assignment from Sonic but they just ignore them and I never heard anything. I should consider myself lucky even though the times are bad for me financially.

In my opinion, your employer is as guilty as Sonic for honoring such a cheesy wage assignment paper.

Hi Lcarib99

Send a revocation letter to Sonic and a notice of defense to your pay roll department. Talk to Sonic and see if you can settle the matter outside the court. Also, keep in mind that you need to act strong if the matter is taken to the court. Read the original contract and look for the points that can be used for defending yourself. Also, talk to your lawyer and be guided towards the right direction.

Regards
Roxette

I finally spoke to my attorney today, and his area of expertise is with the fdcpa that presides over 3rd party debt collectors.

Sonic is a creditor, since they are the loan issuer. I may just attempt to contact Sonic, although after being mistreated by their collection dept, I don't have much of a comfort zone in calling them.

My employer's payroll manager has also made it clear that they will need to hear from Sonic before they can release the "demand". No ifs, ands, or buts about it.

I could send a letter of revocation to Sonic, but the deduction has already been reflected in Friday's take home pay (we can view our paychecks early 5 days ahead of time). Sending a revocation letter is too late, in my opinion, and I am just going to have to suck it up and let them have their money. My Christmas won't be that enjoyable, as my gifts will have to be little to nothing, and try explaining THIS one to the live-in boyfriend and his children, not to mention the rest of my family.

The only advice my attorney could give was to find another attorney who is better acquainted with "wage assignments".

Lcarib99

I still insist on sending a letter to Sonic so that you have your basis covered. And this letter will actually stop them from deducing money from your take home pay in the next month. Explain the fact clearly and stop them from making any further debits. In the meantime, you have to search for a lawyer specializing in wage assignments. Visit a court and see if you can locate a lawyer. Talk to your friends, maybe they can help.

Well, this demand for payment covers the entire amount due. But I suppose it wouldn't hurt to still follow up with a letter to them, just in case they try to come up with any additional amounts owing them.

Thanks for the information. Merry Christmas.

Lcarib99

Do keep us updated on this matter. I am trying other ways of handling this situation. Did you receive my PM?

Regards
Roxette

Roxette--

I just received the notification of the PM (is that private msg?) as well as this notice. Thank you for giving me the heads up, once again! I am at work right now and all this financial business has taken an extreme toll on me, and hindrinced my work ability. Last thing I need is to lose my job--but that'll be the next problem I will deal with.

When I get a chance, I will answer the PM I got as I am very interested in setting a good example for others who may get caught up in the same situation as I. The least I can do is share the wisdom. Several others, including Mikeyindetroit have had a lot of good advice, so much, that I need to try and absorb it and put it to good use. Right now I just don't think my brain is functioning! :)

I did a google search on "wage assignments" and couldn't find much other than what the Fair Trade Commission(I think) had indicated, but what am I to do? File a complaint? I suppose. Won't do me much good now.

But I am still going to find me an attorney that specializes in wage assignments, if they exist.

See if you can get some help in the consumer protection office. They won't deal in your case individually but they might refer you to someone. Or, you can find one lawyer in the court also.

Take some rest. You will be able to think better. Do not fear losing your job. Be positive. Nothing will happen.

I might be reading this wrong, but from all the years in collections and garnishments I had never heard of anyone getting a wage assignment done without first having a judgment or equal agreement done in a court of law, other than child support, federal or state past due debts no other creditor can just take that amount without your prior consent. I know at one time there was small print on loans that gave permission to deduct in full or up to large amounts if a person defaulted on a bill but this does not sound right. I have worked in this field 21 years and I know there is much to lear each day but I took this situation to the floor and no one seems to understand how this could happen. Something is being left out. No employer is going to lible the co and withhold money without court documents.

thank you for your support, puzzled guest! :) I appreciate all you've had to say. It's been now two weeks since this happened, and I have managed to move on. However, my payroll dept complied with the "wage assignment" that came directly from the payday loan company. There was no legal documents, nothing. I was tempted to take this to the legal dept, but I don't intend to make this a bigger issue to further embarrass myself. I did contact the attorney general's office, and they sent me a form to file a complaint, which I have yet to do. I am not looking for my money back, the debt was valid and had to be paid. The only part that gripes me is that 6 months (at least) after the fact, the company throws this document at my company with expectation of getting paid--one week before Christmas. They are a payday loan company, so they know good and well when my paydays are (and always have). I apparently did sign this document digitally, when needing the money to begin with, so it stood.

I spoke to my attorney who has currently filed on my behalf several lawsuits in Federal Court for collection agencies that have violated the fdcpa. He knew nothing of "wage assignments", therefore was unable to help me.

Yes, my issues are great, and I hope that 2006 will have nothing other than a positive view financially so that all my debts can be taken care of and managed better, as I have no intention of filing bankruptcy. And this payday lender is just one less I will have to deal with.

Lcarib99, time will settle everything. Digital signature does not make the wage assignment valid. There are some other requirements also for the assignment to sound valid. Keep in touch with your attorney and he will offer you valuable suggestion in the course of time. It will also be preferable to talk to your original creditor and settle the matter. Try to resolve it outside the court otherwise things might take a legal shape.

Hi, Ben. Thanks for the nice words!! My attorney hasn't been able to give any advice on this, as it was outside of his realm. He deals only with the fdcpa and sues debt collectors in violation of it. He suggested I find an attorney that can perhaps help me out, which I have yet to do. And as for the matter being settled--it is, because they have collected payment in full.

I may still very well file a complaint with the attorney general's office to see if they can make any suggestions (i.e. suing for not giving reasonable notice!).

See the yellow pages and search for local attorneys. Some information about specialist lawyers can be found near the court premises also.

Try an Attorney who deals with Contractual Law.

what is the difference between a wage assignment and a wage garnishment

Wage garnishments refer to the legal actions that are set by the court after a judgment has been issued in an individual's file. If a person fails to pay the debt, the credit company takes the matter to the court and files a case against him. The court analyses the present financial status of the individual and based on this fact, judgment is placed on his file. Wage garnishment is one of the common forms of judgments. Other than this, repossessions can also take place and the property can be seized to cover the debt amount.

Wage assignment refers to the voluntary permission that you give to your creditors if you fail to pay the debt. Generally, no court papers are required for this purpose. However, there are some legal requirements that need to be followed before wage assignment can take place legally.

http://www.debtconsolidationcare.com/forums/wageassign-legal.html

Are they a actual legal binding contract and are they like garnishment only good for 60 days?

Wage assignment is a voluntary permission given to the payday lender to take money from your paycheck upon defaults. So, there is a chance that the case can take a legal shape if you don't pay the amount.