maryv Posted January 14, 2008 Report Share Posted January 14, 2008 I received my most recent paycheck on Friday and I owed PayDay Loan Crap some money and I made a payment back on 12/13 (I missed one payment two weeks earlier). Then on 12/28 I received my next pay check and they garnished my wages (15%) even though I just made a payment on 12/13! Anyhow, I just received my most recent check on 1/11/08 and I was garnished $955.00, which is over 50% of my pay! I called PayDay Loan and told them this and they said "we don't tell the company how much to take they did that themselves." I said well you guys are getting a check for over 3 times the amount you should and that's illegal. Can I come in and have you give me the difference in cash. I will sign a paper stating that you gave me the $650 overpayment back and they told me NO. But we can give you another loan for that $650! I believe my company screwed up because we have a new payroll company. They are looking into it now. But here's my question, can I sue the PayDay bastards for not giving me my money back and telling me that I can take another loan with interest (5 million percent) on my OWN money!Someone please tell me yes I can. I want to sue them scum bags so bad. Thank you in advance for your help. Link to comment Share on other sites More sharing options...
Krash Posted January 14, 2008 Report Share Posted January 14, 2008 i am sure you can, i mean they took money that wasnt theirs, and they can't just keep it, if someone messed up and sent them a higher amount than it took to PIF the debt THEY MUST REFUND THE REST...... Link to comment Share on other sites More sharing options...
maryv Posted January 14, 2008 Author Report Share Posted January 14, 2008 Thank you Krash. How do I go about doing this? Link to comment Share on other sites More sharing options...
Krash Posted January 14, 2008 Report Share Posted January 14, 2008 Well i would go right down there to them face to face, and show where they took out more than you owe, IT IS stealing in MO, how much overpayment did you say they took? DOn't write em apparently they are in your county or city, go down there and demand your overpayment BACK! If not then contact a lawyer for a free consultation, and then go from there, there is no way they can take all your money if you don't owe it, do u have docs showing u don't owe that much? Link to comment Share on other sites More sharing options...
maryv Posted January 14, 2008 Author Report Share Posted January 14, 2008 Well the last check (and their own contract) states they can only take 15% adn Illinois law max garnishment is 25%. The check on 12/28 they garnished $338 and I had 8 hours of overtime. This check I had NO overtime and they got $955.00 (Over 3 times that amount).I owe them $1000 (that includes this $955 payment) but it doesn't matter how much I owe they by law can't take more than 15% (or 25% if they have a court order which they don't). Link to comment Share on other sites More sharing options...
Gravity357 Posted January 14, 2008 Report Share Posted January 14, 2008 Well the last check (and their own contract) states they can only take 15% adn Illinois law max garnishment is 25%. The check on 12/28 they garnished $338 and I had 8 hours of overtime. This check I had NO overtime and they got $955.00 (Over 3 times that amount).I owe them $1000 (that includes this $955 payment) but it doesn't matter how much I owe they by law can't take more than 15% (or 25% if they have a court order which they don't).Going down and talking to this place will be worthless if it is a chain of payday loan companies. An employee will not give the money because they are risking their job doing so. First, I'd contact the payroll company and ask about what happened and get documents related to this. I'd then contact AG of the state and the department that regulates banking to see what advice they give. Then finally, I'd probably threaten small claims for the money owed and for any potential late fees and etc. Link to comment Share on other sites More sharing options...
Gravity357 Posted January 14, 2008 Report Share Posted January 14, 2008 Well i would go right down there to them face to face, and show where they took out more than you owe, IT IS stealing in MO, how much overpayment did you say they took? DOn't write em apparently they are in your county or city, go down there and demand your overpayment BACK! If not then contact a lawyer for a free consultation, and then go from there, there is no way they can take all your money if you don't owe it, do u have docs showing u don't owe that much?They tell her to leave...she doesn't, she's busted for tresspassing on private property. Not a smart thing to do. Link to comment Share on other sites More sharing options...
Fozzle Posted January 15, 2008 Report Share Posted January 15, 2008 I believe my company screwed up because we have a new payroll company. They are looking into it now. But here's my question, can I sue the PayDay bastards for not giving me my money back and telling me that I can take another loan with interest (5 million percent) on my OWN money!Someone please tell me yes I can. I want to sue them scum bags so bad. Thank you in advance for your help.Honestly, what (in legal terms) would you sue the payday loan company for? They didn't make the error, it looks like your employer/payroll company does. The PDLC will claim they have a process to follow once an error is reported, but this is a "good faith error", not theft. It's possible that you could win after a lot of time and effort, but not likely, plus will be resolved long before a small claims trial date. Best thing to do is keep on your employer until this is corrected. Link to comment Share on other sites More sharing options...
maryv Posted January 15, 2008 Author Report Share Posted January 15, 2008 Thank you everyone for the advice. I did contact our payroll dept. and they are looking into it. So we'll see what happens. I'm guessing they are going to have to stop payment on the check. Link to comment Share on other sites More sharing options...
kevin3344 Posted January 15, 2008 Report Share Posted January 15, 2008 You need to open a new account as well and close that one if you haven't already. Link to comment Share on other sites More sharing options...
LadynRed Posted January 16, 2008 Report Share Posted January 16, 2008 Ok, how is it that this pay day place is garnishing your wages if they do not have a JUDGMENT ??? Link to comment Share on other sites More sharing options...
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