Debtconsolidationcare.com - the USA consumer forum

Forums
  • Latest topic

Sample letter to revoke an illegal wage assignment

Date: Mon, 11/14/2005 - 15:52

Submitted by roxette
on Mon, 11/14/2005 - 15:52

Posts: 4009 Credits: [Donate]

Total Replies: 15

Sample letter to revoke an illegal wage assignment


A wage assignment is termed legal if it fulfils the following requirements:

  • Wage assignment should be served on a separate piece of paper and should not be a part of the contract.

  • You need to sign this paper in person at the time of the agreement with your social security number, your name, the amount of the debt, the rate of interest, and the date when payments are due.

  • A copy of this agreement should be available to you also.

  • Wage assignment should be clearly written at the top of this document.

  • It should be served to your employer in the proper way showing the number of days you have defaulted in making payments. A copy of the wage assignment should be included along with it.

  • The notice to the employer should be sent only after a notice about it has been sent to you. You should receive this notice 20 days before your employer receives it.

  • This agreement should keep in view the statutes of limitations in your state.

  • The assignment is valid for 3 years. But in between, if you have changed your employer, then it is valid for 2 years.

  • The wages assigned should not exceed the allowed amount under the wage deduction act

  • You cannot have wage assignment if you are earning wages from the State or local government or a school district.


Sample letter to Revoke 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


Over half of the requirements required for a legal wage assignment have NOT been met. My employer just received this wage assigment last week, and all that is mentioned on the "wage assignment" is my name, social, and $ amount payable to a payday lender. There are no add'l details.

Do the requirements for obtaining a "wage assignment" differ between states?

I also never rec'd a 20 day advance notice that this was going to happen. I was threatened with a "wage assignment" 6 months ago, and then the agency just disappeared. I have never heard of a wage assignment before. And now to have my paycheck garnished the full $683 on this upcoming payday, I am mortified. Merry Christmas.


lrhall41

Submitted by anonymous on Mon, 12/12/2005 - 13:45

( Posts: 202330 | Credits: )


Hi lcarib99

The laws of wage assignment are the same all over the country. They do not differ from one state to another. As the wage assignment served to you does not cover all the mentioned points above, please dispute it by sending a revocation letter to the lender.

Send your letter through certified mail with return receipt requested. This way, you will have proof of your actions taken.


lrhall41

Submitted by ben on Mon, 12/12/2005 - 14:00

( Posts: 2034 | Credits: )


I have submitted a payday loan store and my employer a letter certified to stop a wage assignment and my employer has not honored it.


lrhall41

Submitted by anonymous on Fri, 09/19/2008 - 11:39

( Posts: 202330 | Credits: )


i have a question...i applied for a loan with emerald back on july 12 2010. the loan was for 200 with a 60 dollar fee. i paid the 60 dollar fee one time and my account was closed and reopened with a new one due to previous fraud activity on my account. they keep calling me and leaving me messages that they are in the finalization department and have an order ready to be filed in my county. the thing is i just went through my loan docs that they sent me when i got the loan and i do not see a voluntary wage assignment order. so if i do not have one, can they still garnish my wages? i have prepared a wage assignment revocation letter but do not want to send it yet until i find out if i signed a voluntary wage assignment order to begin with...help!


lrhall41

Submitted by anonymous on Tue, 09/14/2010 - 10:39

( Posts: 202330 | Credits: )


Garnishment cannot occur without a court order. If you didn't sign a volununtary wage assignment, you've nothing to revoke. If Emerald is a legal lender in your state, they may be able to take you to court and obtain a judgment against you for the balance due. If they are an illegal lender in your state, you still need to repay the principal amount borrowed ($200), which means you would still owe them $140, if I understand your post correctly. What state do you live in? That's the determining factor.


lrhall41

Submitted by OhioGal1 on Tue, 09/14/2010 - 13:24

( Posts: 5253 | Credits: )


I just got this email about an hour ago from Stephanie Rice at Emerald.

[SIZE=2]Unfortunately at this time, this has been turned over to the corporate offices due to the account being closed. [/SIZE]
[SIZE=2] [/SIZE]
[SIZE=2]Due to the inaccuracies on the original application this has been determined intentional. [/SIZE]
[SIZE=2] [/SIZE]
[SIZE=2]We are currently in the final review process to turn this over to the state of CA and report to the credit bureaus for the bad check charges. You can make arrangements to stop this from being filed or reported, but you would need to do make those arrangements immediately by phone. [/SIZE]
[SIZE=2] [/SIZE]
[SIZE=2]Thank you[/SIZE]
[SIZE=2] [/SIZE]
[SIZE=2] [/SIZE]
[SIZE=2]Stephanie Rice[/SIZE][FONT="][/FONT]
[SIZE=2]EMG Corporate Offices[/SIZE]
[SIZE=2]800-370-7805[/SIZE]


lrhall41

Submitted by anonymous on Tue, 09/14/2010 - 16:28

( Posts: 202330 | Credits: )


I just had a "run in " with Stephanie myself. She claims that if I didn't pay by 1 pm today, that she would garnish my wages. She called my job at 1:30 pm - after I had already done a payment arrangement form on Emeralds website and told my boss she was sending her a wage garnishment for me. I didn't know she was the COURT too! LOL.
Does anyone have her email address? I am sending her and Emerald a letter.


lrhall41

Submitted by anonymous on Mon, 12/20/2010 - 15:27

( Posts: 202330 | Credits: )


The debt collector cannot garnish your wages unless he has received a judgment against you from the court. If you have already made apayment arrangement, you must have some documents related to it. You can show it to the debt collector in order to stop your wage garnishments. However, I won???t be able to give her email address to you. You can contact the debt collector directly and try to get her email address.


lrhall41

Submitted by anonymous on Tue, 12/21/2010 - 03:00

( Posts: 202330 | Credits: )