Hi, I am using a consolidation company to help pay back my payday loans. One of the lenders is not happy and has been calling my employer. My payroll department decided to do a wage assingment because the lender threatened to court order my employer. I have written a cease and desist letter as well as a revocation letter. Need advice please?
Related Post :
Other post:
- Auto Loan - How to get Auto Loan with Bad credit ?
- Feasible Auto Loans With Bad Credit | Consolidation Student Loans
- A Look at Bad Credit Auto Loans | LIFE & SYTLE
- Student Loan Bill Consolidation - Which One Should You Choose ...
- How do you rate the Republican stalling tactics to prevent Financial Reform and keep the big banks and payday?
Tell your employer to NOT do that just based on them saying they will get a court order..that means they DO NOT have one. They are totally trying to annoy your employer..and what does the employer care? Doesn’t cost him to garnish you! Write and call this pay day loan place whomever they are, and tell them to cease and desist ( be sure to do it in writing ) calling your work, that you cannot get calls at work. If they call ONE more time you can SUE them. It is against the fair credit reporting act for them to call your employer if they have been told NOT to. They are most likely bluffing and their tactics are just to bully people into being frightened enough to pay up. Screw that!
Go to these forums and click on the payday lender one…you will see how other people have handled these shady tactics:
http://www.debtconsolidationcare.com/forums
First of all, tell your employer that if they touch your paycheck without a court order to do so that they are in violation of several state and federal laws, and that you will immediately file a lawsuit against them.
No creditor can garnish your wages without a court order allowing it. In order to obtain a court order for garnishment the following steps have to be taken:
1) They file a complaint against you.
You should have up to 30 days to dispute the garnishment order before money is taken from your check
2) They serve you a copy of the complaint, which gives you 30 days to file a response with the court.
3) Assuming you file a response, the court will hold a trial.
4) At trial, the creditor must prove their case against you and obtain a judgment.
5) You have 30 days to appeal this judgment (may vary by state).
6) If you do not appeal, the creditor will go back to court to obtain an Execution Order (This does not mean they will kill you, only that they will execute the judgment)
7) Once the court grants the order, the creditor will send two copies to your employer: One for them, one for you
9) Finally, up to 25% of your disposable net earnings (as determined by your state) above a minimum threshold may be subject to garnishment.
Unless and until these steps take place, they cannot touch your paycheck!
If you need more help, including legal representation, contact the National Consumer Rights Alliance (see website below). They help consumers protect and enforce their rights.
Good luck!
If they try to take your money without a court order, sue them!