Check out some similar questions!

shamoomoo · Oct 11, 2011, 06:36 AM

The loan is from end of June 2011, and the garnishment was just received last week. How do I know if it is liegitmate? The company filing it, Mayday Payday, has my company name spelled slightly wrong, my home address wrong, and the amount they are claiming is $917, the loan payback was $560. There is no other supporting documentation at all, nothing about date of the loan, interest payable on judgment, history, nothing. I looked at the fees and couldnt' come up with an amount equal to the difference of 917 to 560. Is this for real? I can't give this to my boss like this, what should I do?

Curlyben · Oct 11, 2011, 06:37 AM

Has this issue been through the court system ?

shamoomoo · Oct 12, 2011, 04:36 AM

I got only one answer from curlyben but it didn't post?

shamoomoo · Oct 12, 2011, 04:37 AM

Hi Curlyben, no, I just received a garnishment order delivered to my work.

Curlyben · Oct 12, 2011, 04:41 AM

Well they can't simply garnish your wages without a pre-existing judgement against you.

shamoomoo · Oct 12, 2011, 04:42 AM

OK thank you

AK lawyer · Oct 12, 2011, 06:47 AM

Originally Posted by shamoomoo

hi Curlyben, no, I just received a garnishment order delivered to my work.

Was it signed by the clerk of court or judge?

Did it have a court case number on it?

It is possible that they previously claimed to serve you with pocess, thereby getting a default judgment against you. If so, it would be served on your employer (i.e.: "delivered to [your] work").

So, if it has the name of the court, and a case number on it, it's best to call the clerk of court and find out if this is legitimate.

JudyKayTee · Oct 17, 2011, 10:18 AM

In NY - and I don't know where OP is - when you get a "payday" loan you also sign that failure to pay turns into a garnishment without additional Court action. It's part of the itty-bitty print on the agreement when you get the money.

NY has been trying for YEARS to outlaw these lines, rein in the companies but it's an uphill battle and many of them operate out of mom and pop shops and storefronts.

I believe this is - and has - happened to the OP. OP now needs to talk to the Attorney General's Office.

Fr_Chuck · Oct 17, 2011, 10:43 AM

Most payday loans ( close to crooks in my opinion) normally have it as part of the paper work that you agree to waive all your rights to court proceedings and agree to a garnishment if you default in the loan. I have never seen one that did not include this in the states where I have lived ( and often tried to help people caught up in those)

But if they did serve notice to the wrong address, that may be grounds to file in court to get it over turned till you are properly served.

The reason it is higher, is that there is now late fees, interest, court fees and more added. I am surprised it is not double the first amount.

JudyKayTee · Oct 17, 2011, 10:47 AM

I see the incorrect address as a non-problem. It was delivered and could be a typo. OP could try to fight it but ultimately it "appears" to be his/her responsbility so if he/she gets it set aside, they'll go at him/her a second time.

And I agree - difference between bank robbers and people who operate payday loan companies is the mask.