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Payday loan and wage garnish
I live in Illinois and took out a payday loan. I signed a voluntary wage assignment. I revoked a wage assignment last month (In Illinois, we can cancel it at anytime). Last week they sent me a letter that they will garnish my wage unless i pay up or send them a revoke letter. This pissed me off because i already sent them one. I sent them another one right away and all attached the notice of defense (certified mail). Today I got a letter from them stating that if i don't pay up they will tell my employer to garnish my wage. I talk to my employer and they said that if they it, the payroll office must comply and that I will have to take the payday loan company to court if i want the money back.
Attorney answers (1)
The wage assignment is voluntary and the garnishment is court ordered.
You will need to consult with a lawyer locally. Start keeping a detailed log of all calls and letters. You should also demand in writing all communications from creditors is in writing. Do not give them any personal information because that is how collectors decide on which accounts to recommend suing. If you are going to make payments use money orders and not personal checks or “check by phone” because if they find a bank account the collector will be more likely recommend a lawsuit the their legal department. Get written confirmation of any payment plan the agency will accept. I do not practice in your state and you will need to consult with a local lawyer for protection under your state law. I have pasted a link to the FDPCA to help you with your federal rights; http://www.ftc.gov/bcp/edu/pubs/consumer/credit... Good Luck 1 person marked this answer as good
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