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Sonic Payday--Wage Assignment Process

Submitted by Kathy on Mon, 11/14/2005 - 14:42
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What is the process that Sonic Payday takes to assign a wage assignment? Will someone notify me that this is being done or will it just be done? Also does anyone have a sample letter revoking the wage assignment?

Thanks
Kathy


Well, on top of the letter saids Wages Assignment, and the rest of it was like your employee has borrow a loan from us and the loan now is in default state and the rest of it is agree to the wage assignment and of couse had my DIGITAL Signature and a sign witness's signature that i couldn't even read. The person that i was talk to wasn't in the payroll department, she was in auditor-controller department and she suppose to be the one in charge of everything. She was telling me like this ( If i were you, i got a good job,i shouldn't borrowed any money from any one or even online), unreal. She wouldn't even let me talk or explaining to her about my situation. She saids as long as it has my signature on the letter that CTC send it to payroll, she will honor it unless her supervisor or manager told her not to, and it will take effects on my next paycheck which is on the 17th of this month.


Submitted by sammi613 on Wed, 11/01/2006 - 18:36

sammi613

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Oh, not to mention that she saids i did borrow money from CTC so it's my responsibilitity to pay them back. BrownSugar, to answer your question about the fax. Carolyn(Auditor-Controller), she wanted me to contact CTC and have them signed and fax the letter to my payroll department that i either paid CTC off and that they will longer doing wages assignment. That's what Carolyn wants. Does this make any sense??? This is Sheriff Deparment people, i don't see my payroll department follow any laws and orders here.


Submitted by sammi613 on Wed, 11/01/2006 - 18:44

sammi613

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Swoozyqz30---

Here is a copy of mine, but you will have to word it differently because mine is in regards to Ohio laws and I don't know what state you are in.

Quote:

To whom it may concern:

I am formally revoking any and all assignments of wages that I may have executed in the past in the course of obtaining credit from your company. As you may be aware, wage assignments are illegal in Ohio, pursuant to ORC Ann. 1321.32, except in very narrow circumstances which are not present here. Even if such an exception existed, the assignment must be revocable to be binding and I am formally revoking this assignment accordingly.

As my wages are paid in Ohio, your ability to enforce such an agreement is subject to Ohio law regardless of any choice-of-law clause in my loan agreement and regardless of conflicts-of-law principles. My employer is not a party to our transaction and cannot honor such an assignment without violating Ohio law. Any attempt by your company to contact my employer, or any other third party, will be treated as a violation of the Right to Financial Privacy Act (12 USC ???? 3401 et seq.), the Graham-Leach-Bliley Act (15 U.S.C. ???? 6801 et seq.) and other applicable state and federal laws, including those relating to criminal harassment.


Submitted by brownsugar on Fri, 11/03/2006 - 19:37

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federally, wage assignments can be revoked since 1986. The most imporatnt part of this is the letter of defense which needs to be sent to payroll.

I work in HR, and I'm seeing more and more of these come through. They are junk, and usually follow improper protocol. They are sneaky, and I hate them, as they are time-consuming and require more paperwork then a garnishment (sorry for the rant). Anyone who needs help with a letter of defense feel free to pm me.


Submitted by finsfan13 on Sat, 11/04/2006 - 12:21

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NO!!! They are NOT illegal.

There are such things as court appointed wage assignments, and anyway, a lot of sub-prime companies use them..and correctly follow protocol..as means to collect. Wage assignments are perfectly legal, everywhere in the US. They are just VOLUNTARY, unless court appointed, and that is not the same as a garnishment.


Submitted by finsfan13 on Sat, 11/04/2006 - 18:20

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Fins, here is something I found on paydayloan.org

Quote:

Stop lenders from taking money directly from your paycheck. Read your contract to see if you signed a voluntary wage assignment clause. If so, write a letter to the lender to revoke that agreement so the lender won't be able to garnish your pay from your employer without court approval. Mandatory wage assignments as used in some payday loan contracts are prohibited by the Federal Trade Commission's Credit Practices Rule.


If they are prohibited, doesn't that mean they are illegal to issue?


Submitted by Not so Lucky on Sat, 11/04/2006 - 19:50

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Tammy,

I think that statment means that the way some PDL companies use them do not follow proper protocol and therefore, are void and unenforceable. For example, there may be a clause or short paragraph in the PDL contract that states they have the right to utilize wage assignment, but from my understanding, in order for it to be valid, the wage assignment must be a separate contract and must carry a physical signature by the consumer. Someone stop me if I am wrong.


Submitted by Rach on Sat, 11/04/2006 - 20:06

Rach

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You are right. It does have to be physically signed. I thought where it was prohibited that it meant they were illegal. These wage assignments are being used, and some employers actually accept them. IMHO, I think they should completely be done away with and not be used by anyone. Once again the pdl industry has cause an uproar with something that means nothing with a digital signature and a stamped scribbled name like Sonic uses.


Submitted by Not so Lucky on Sat, 11/04/2006 - 20:53

Not so Lucky

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Tammy,
I think it's worded funny...Basically, mandatory wage assignments are illegal, but voluntary ones aren't. So...It can't be forced, but if you agree to it it's ok.

Confusing, isn't it. I have been in my current job for 6 years, and these nasty things have only started popping up in the last year. Can you beleive I've never handled one for a PDL? My husband has my job in a different company, and he has seen a few for PDLS.

Oh I hate these things, don't get me going on them!!


Submitted by finsfan13 on Sun, 11/05/2006 - 16:51

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You need to revoke your voluntary wage assignment which may have been in your contract. If you revoke this, they can not garnish your paycheck. Have you filed complaints with your AG? If not I would do this also. You should usps, fax, and e-mail your revokation of the voluntary wage assignment. Which companies are you dealing with?


Submitted by WHEREAMI? on Sun, 11/05/2006 - 17:29

WHEREAMI?

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The general rule is that voluntary wage assignments are permitted in credit agreements so long as they are revocable at any time. (Source 12 CFR ???? 227.13) However, individual state laws can bar their use in credit agreements, and some, such as Texas, have done so. Others, such as Utah and Ohio, have statutes that largely mirror the federal regulation (i.e., that they must be voluntary and revocable). As far as I can tell, only Illinois has affirmatively approved them as part of their payday loan legislation, but even there the federal rule would apply for loans made in interstate commerce.


Submitted by Marcia Brady's Lovechile on Sun, 11/05/2006 - 18:46

Marcia Brady's Lovechile

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

You will know the requirements to be followed in the wage assignment process and a sample letter to revoke it. Read the terms and conditions in the contract signed with the company. If it mentions about wage assignment, it is completely voluntary and you can revoke it by sending a letter to the company and a copy to your payroll department. Send the letters through certified mail so that you have the evidence and the company doesn't try to deduct money from your payroll.


Submitted by Flying Cats on Tue, 11/07/2006 - 08:39

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Has anyone heard of Westbury Ventures/Broadmore Ventures they have been emailing me saying that I owe $350.00 but they won't tell me who the debt is for and I asked them to mail me something and they told me to stop stalling they have enough information to proceed with further action. Just wondering if anyone else has had problems with them. I am not sure what else to do with them. I am looking for the wage assignment revoction letter. The link above does not give me that.


Submitted by Swoozyqz30 on Tue, 11/07/2006 - 09:30

Swoozyqz30

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I'm dealing with Sonic and would like to know if anyone knows how long it takes for them to actually send the wage assignement??? and if it is by mail or what?? and do I get a copy before my employer?? thanks


Submitted by on Tue, 11/07/2006 - 09:52

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It's there in the third post from the top, Swoozyqz. Check once again. Ok, I got this sample letter from there.

Quote:

Following letter can be used for revoking a wage assignment.

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 the wage assignment I signed on (The date you signed the wage assignment agreement). You no longer have my permission to use this wage assignment.

Sincerely,
Your signature


Submitted by Flying Cats on Tue, 11/07/2006 - 11:21

Flying Cats

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Swoozy, read the fine prints of the contract that you signed with the lender. The term "wage assignment" will be clearly mentioned in it. A legal wage assignment will appear in the following way. Check this link

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

It is a voluntary contract and can be revoked by you anytime. You have to send a revocation letter to the lender and a copy to your payroll dept. They should be informed about your intentions so that your payroll doesn't allow any debits by the lender. The laws on wage assignment are almost same everywhere. Contact your RI attorney general for any queries. Their website is http://www.riag.state.ri.us/


Submitted by IncredibleHelp on Wed, 11/08/2006 - 09:25

IncredibleHelp

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Dose anyone have a fax number on them???


Submitted by on Mon, 11/27/2006 - 16:37

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Address on Sonic?????


Submitted by on Tue, 11/28/2006 - 09:47

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hey guys i gave my payroll department a copy of the revoke letter, i have cash transfer center already they will not be able to get any money out on the 8th when will they be calling me. and how long before they sent the wage assignment for. i will be dealing with this next pay period along with cash advanceusa.


Submitted by on Mon, 12/04/2006 - 16:08

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You need to send the letter to CTC and give a copy to your payroll. Most payrolls don't honor these. Once CTC sees that they will get no where, then they will turn it over to a collection agency. More than likely they will call as soon as they find out they aren't getting any money. They will try and debit the account even after they get notification that they can't withdraw funds.


Submitted by Not so Lucky on Mon, 12/04/2006 - 16:47

Not so Lucky

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Send a letter to Cash Transfer Center and a copy to your HR dept revoking the voluntary wage assignment. Since the assignment is voluntary, then nothing should be taken out of your pay check. Check your state law, I know in NC, you can not garnish wages without a court order. I don't think CTC will go that far.


Submitted by bdouble on Mon, 12/04/2006 - 16:51

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Okay,has anyone actually had sonic take their wages using the voluntary wage assignment process. I know they've threatened it but has it ever actually happened? I'm concerned because I have a loan in default with them.


Submitted by on Fri, 12/29/2006 - 06:00

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Can anyone tell me where to find a legal source for the info on wage garnishments listed at the beginning of this topic. CTC finally sent the letter over and I'm working with my HR liason, but she needs some legal resources and I've been searching the web, but the first thing that always comes up is this thread--lol. Most of the sites I've found do not have as detailed of information as given on this forum.


Submitted by on Tue, 08/07/2007 - 12:37

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If you're an avid PS3 gamer, then you know the importance of saving your progress for future game play.
Pls, help me!


Submitted by on Wed, 03/26/2008 - 05:46

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