I took out a payday loan (stupid thing) and Something came up and I couldn't pay it back at that time, but sent what I could and now they are saying that I paid the loan in full but there are other charges that I have to pay. When I asked for a bill or something showing the amount they refused. They harrass me at work and home. They now just called and wanted Human Resources so they can do a wage garnishment. I thought you had to go Court in order for them to do it. And I tried to look the loan company up to see if they are legal in Illinois and I can't find anything on their business. It is getting so embarrassing. How can I make them go away. How can they garnish my wages. I don't make all that much and I am supporting my 2 kids, where daycare takes most my check anyway. How can they get away with this? They said they are from Westbury or something like that? Anybody have any advise on what to do? They are harrassing me..
2007-08-20 03:01:29 · 6 answers · asked by Mommy2 3 in Business & Finance ➔ Other - Business & Finance
No one can garnish your wages without taking you to court and getting a judgment and then a court order.
In your State if they get the judgment, they can garnish up to 15% of your gross wages or 45 times the minimum wage of $5.15 for a total of $231.75 whichever is greater.
2007-08-20 03:10:46 · answer #1 · answered by ? 7 · 0⤊ 0⤋
First of all it is illegal for a creditor to call you at work. You should report them for that. Second there must be a court order for a garnishment to happen. If they do not get a court order and your employer complies with a garnishment they are both breaking the law. Third, they must show you a record of payments and what is still owed. If they cannot show that and continue to ask for money, it is called extortion, and they can be charged. And finally they can only take 10% from a Head of household in a garnishment.
2007-08-20 10:17:42 · answer #2 · answered by dpanic27 3 · 0⤊ 0⤋
As far as I know, only a Court order, or the IRS, can force a wage garnishment.
And even then they can take no more than 10%.
And in most states, it is illegal for collections to call you at work, if they do and you tell them not to. And if they are calling and discussing your personal finances with your supervisor or even the HR department, that is just illegal. If they are doing this, you can even get a court to drop the entire amount they say is due.
(I am in New York, your laws may be a bit different.)
2007-08-20 10:11:46 · answer #3 · answered by Anonymous · 0⤊ 0⤋
I cant help you as much as you need but it is illegal to be harrassed by someone trying to collect money from you. I believe they have to go through the justice system and get the money from you that way. So (and i really hope someone can confirm this for me) you may be able to go to your local authorities to get them to stop.
Wage garnishment does have to have a court order to take effect. So most likely they were trying to scare you with the wage garnishment.
2007-08-20 10:12:19 · answer #4 · answered by Anonymous · 0⤊ 0⤋
The next time they call I strongly suggest that you: 1. take notes. 2. write down the name of the caller and their telephone number. 3. do not answer any questions until you know who you are talking to. 4. never give out personal info over the phone. 5. tell them very clearly "Do not call me again at work." write it in your notes. 6. tell them very clearly: "If you send me a written statement of what I owe, I will consider making an immediate payment." put it in your notes. Then don't do anything else until you get the written statement.
Overall, it seems to me, you've lost control of the process and you need to understand how much you owe and who is harrassing you. Don't be intimidated. Get some info from them.
2007-08-20 10:21:10 · answer #5 · answered by hottotrot1_usa 7 · 0⤊ 0⤋
they need to supply proof, a statement, of what you owe them
contact and report them to the Better Business Bureau in your area - contact your states Attorney Generals office
They have to notify you in writing (important words - in writing) at your residence/place of employment of their intent to collect a debt - there are Federal laws that regulate this
Do not let Human Resources attach a garnishment to your wages without a court order - a court order is required to attach someone's wages.
Heck if it was that easy to get money out of someone's paycheck, I would call my ex-husbands place of employment and collect child support this way !!!
2007-08-20 10:16:04 · answer #6 · answered by mudmommy 3 · 0⤊ 0⤋