My employer received a wage assignment demand from Americash Loans, and I filled out the civil liability forms which states that I am asking to stop the payments. It is my understanding that they have to wait that grace period prior to starting the wage assignments. One of my family members got a hold of my stuff and applied for an online loan and I did not know this until I received this forms, and I only know it was him because of the address the have on file. My employer received this wage assignment from Americash (not a court order) the day before they processed payroll so they went ahead and deducted a bit of $700 from my paycheck. I called them to ask why? they didn't even give me a chance to go to the notary and get the paperwork notarized so they don't deduct my wages. I requested a refund but this is their response.
We have received the documents today and will stop the deduction going further. But we are not able to refund the deduction amount from your previous paychecks because the amount sent to Americash loans not with LanceSoft. You need to call the Americash Loans for refund.
You need to call the contact person Maria from Ameri Cash Loans
The money was sent to Americash. Call Maria at AmeriCash. If that doesn't work, contact a consumer protection attorney. You should also file a police report to report the identity theft.
Although AVVO describes this site as providing free legal advice, it is really a simple Q&A forum. The volunteer attorneys provide general answers. No specific legal advice is given here and no attorney-client relationship is established. For precise direction and legal advice, please consult in person with an attorney in your area. Be sure to bring all relevant paperwork with you.
More information would be needed to give you a full answer. Was this a voluntary wage assignment or was a judgment entered against you?
Usually, the employer will not have any liability for deductions from your wages if it was proceeding in good faith based on the orders it received. You will probably have to contact Americash Loans to sort it out and get a refund if you are entitled to one.
If a judgment was entered against you, you will need to try to get it vacated. It may be wise to hire an attorney to help you. It also sounds like you may need to address the matter of the identity theft by filing a police report and possibly taking your own legal action.
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