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Garnishment Question

 
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PostPosted: Thu May 15, 2008 10:09 am 

Some Payday loan company left me a voicemail threatening that they could garnish 40% of my pay and yadayada. Now i know it's not that simple, but i am a little unsure of how garnishment works

1) I live in Pa, which i'm pretty sure doesn't allow garnishment save for taxes, child support, federal loans. Although my work's corporate office is in Georgia. So which state applies for garnishment laws? Or is it the state of this PDL company

2) Even if they could garnish, it's not a simple matter right. I'd have to go to court first?

This is a matter i'd like to resolve simply but they're not very flexible...they will only accept ACH payments and won't send any writing to me until i agree to a payment plan (i know better than this though). Of course i also don't want them to even contact work. Any advice is appreciated

mppsu2003




Joined: 29 Jan 2008
Posts: 50

Debtcc Points: 1101

PostPosted: Thu May 15, 2008 10:18 am 

first send a letter revoking any wage assignments
to your HR dept.most PDL'S will try to push
through a wage assignment.those are revokable.
a garnishment needs a court order.next send DV
and C&D letters.this will make them prove they
have legal rights to the debt and the legal
right to collect.plus it contains a cease and
desist clause.send these certified mail return
receipt.

paulmergel
Debt Samaritan
paulmergel
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PostPosted: Thu May 15, 2008 10:33 am 

If the pdl company is the original creditor they don't have to provide validation, that's only true for collection agencies according to the FDCPA. But do send them a wage revocation letter. If you want more assistance with your pdl's we will need more info and would most happy to assist you. Smile If so:
State you live in
Amount borrowed
Amount paid back
Name of companies
Internet or Store front.

I will move this to the pdl forum where it will get more attention. Smile

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Shazzers
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PostPosted: Thu May 15, 2008 10:36 am 

What are wage assignments? and who do i send this revocation letter to? i'm not familiar with this term

the company is called Cash2daylimited
I live in Pennsylvania. The original amount (they're saying) is 479 dollars. They amount they say i owe is 4,700 dollars and are offering a $1700 settlement

mppsu2003




Joined: 29 Jan 2008
Posts: 50

Debtcc Points: 1101

PostPosted: Thu May 15, 2008 10:41 am 

OMG! That's rediculous!! A wage assignment letter is basically a letter to them (to protect yourself) revoking any rights to taking part of your wages. Example:

Date
Acct #

Thier Name
Address, State

To Whom It May Concern:

I hereby revoke any and all rights for wage assignment I may or may not have signed.

Your signature.

Pretty basic. You can spruce it up if you like.

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PostPosted: Thu May 15, 2008 10:42 am 

Is this an Internet loan?
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PostPosted: Thu May 15, 2008 10:42 am 

were those amounts correct...that is crazy
toledoguy030




Joined: 08 May 2008
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PostPosted: Thu May 15, 2008 10:44 am 

Your laws: Pa.

Legal Status: Prohibited
Citation:
Check cashers are specifically prohibited from making payday loans under Check Cashing Licensing Act of 1998, § 505(a). Otherwise, consumer discount company act applies. 7 Pa. Cons. Stat. Ann. § 6201 et seq.
Small Loan Rate Cap
$9.50 per $100 per year discount or 24% per year
Where to Complain, Get Information:
Regulator: Pennsylvania Department of Banking
Address: Market Square Plaza, 17 N. Second Street Harrisburg PA 17101
Phone: (717) 214-8343
Fax: (717) 787-8773
Regulatory Contact: Jim Keiser Administrator of Non-Depository Institutions
Regulator’s Website
Complaint Form
Complaint Instructions
Online Resources:

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PostPosted: Thu May 15, 2008 10:44 am 

yes internet...called Cash2daylimited

the guy claimed that fee was the result of '69 returned payments of 79 dollar fees' ...i know the account i took pay day loans out a few years ago was closed more than 2 years ago (they are saying this loan is from September 2005).

The problem is i cannot find any info on this company...they wouldn't give me an address, and i found nothing online.

mppsu2003




Joined: 29 Jan 2008
Posts: 50

Debtcc Points: 1101

PostPosted: Thu May 15, 2008 10:45 am 

How much have you paid them back?
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PostPosted: Thu May 15, 2008 10:47 am 

Have you closed your bank account? I'm sorry but I have to leave for awhile, I am sure someone else will assist you though. Smile
_________________
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PostPosted: Thu May 15, 2008 10:47 am 

i think cash2daylimited is another overseas illegal PDL.send that wage assignment letter.i would make sure your HR gets a copy first,this place could fax it tommorow.some places just honor it.this place couldn't get a legal garnishment if there lives depended on it.
paulmergel
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PostPosted: Thu May 15, 2008 10:47 am 

According to them nothing...i mean a few years ago i was in some finance trouble and got a few of these that i din't keep track of. but i know last year i paid some off, and this name isn't ringing a bell. That's not to say i never took out the loan, however i want to be sure before i pay them.
mppsu2003




Joined: 29 Jan 2008
Posts: 50

Debtcc Points: 1101

PostPosted: Thu May 15, 2008 10:48 am 

yeah but i just don't have any info of where to mail them anything about it.
mppsu2003




Joined: 29 Jan 2008
Posts: 50

Debtcc Points: 1101

PostPosted: Thu May 15, 2008 11:13 am 

Name: Cash Today Limited
Phone: (800) 680-2177
Fax: (800) 690-9926
Address: 1231 NW Hoyt St Ste 301
Portland, OR 97209-3059
Principal: Mr Brian Carter, Customer Solutions
Customer Contact: Mr Brian Carter, Customer Solutions - (800) 680-2177
File Open Date: December 2004
Industry Classification: Check Cashing Service
BBB Accreditation: This organization is not a BBB Accredited business.


does this look like the company mppsu?

toledoguy030




Joined: 08 May 2008
Posts: 120

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