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  • Report: #147434

Complaint Review: Sonic Payday

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  • Submitted: Fri, June 24, 2005
  • Updated: Mon, October 03, 2005

  • Reported By:Bay Minette Alabama
Sonic Payday
Sonic, Texas U.S.A.

Sonic Payday Tried to assign wages Ripoff Sonic Texas

*Consumer Comment: Update for everyone on Sonic, PRL Direct, Coastline Credit and National Capital Collections Ltd. - They are all E-Care Contact Centers Ltd.

*Consumer Comment: Sonic Payday LIARS!!!!!!!!!!!!

*UPDATE EX-employee responds: address

*Consumer Suggestion: WAGE ASSIGNMENT LAW AND REQUIREMENT - LONG BUT USEFUL...

*Consumer Suggestion: address

*Consumer Suggestion: TARA, CHECK WITH YOUR LOCAL COURT

*Consumer Suggestion: Wage garnishments illegal w/out court order

*Consumer Suggestion: SONIC WILL GARNISH YOUR WAGES

*Consumer Comment: the address and all the other peoples names you could use

*Consumer Comment: I need an address

*Author of original report: Need an address

*Consumer Comment: wage assignment will accept a percentage to clear the debt

*Consumer Comment: Ask Your Attorney

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I should have seen this site before I loaned with this company. I am currently filing bankruptcy and my attorney told me not to pay them. he said it will pass. Will they do an assignment of wages? I need someones input on this.

JD

James
Bay Minette, Alabama
U.S.A.

This report was posted on Ripoff Report on 06/24/2005 06:01 PM and is a permanent record located here: http://www.ripoffreport.com/r/Sonic-Payday/Sonic-Texas-36606/Sonic-Payday-Tried-to-assign-wages-Ripoff-Sonic-Texas-147434. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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REBUTTALS & REPLIES:
0Author 13Consumer 0Employee/Owner
Updates & Rebuttals

#1 Consumer Comment

Update for everyone on Sonic, PRL Direct, Coastline Credit and National Capital Collections Ltd. - They are all E-Care Contact Centers Ltd.

AUTHOR: Investigator - (Canada)

They run several companies out of the office in Surrey, B.C. under the disguise of E-Care Contact Centers Ltd. They are: Sonic Payday, PRL Direct, Coastline Credit and National Capital Collections Ltd.

When I called the 1-800 number for National Capital Collections, I spoke to a gentleman named "Morris", I then asked if they were affliated with E-Care, Sonic payday and PRL Direct and was told very emphatically YES. I have now passed this information on to the proper authorities for further investigation.

I managed to get the corporate office in Surrey, B.C. Their address is 15225 104th Avenue, Surrey, B.C. Their number is (604) 588-2260. When the answering machine comes up wait for the end of the message and you will get a company directory. Sorry don't have the Postal Code.

Voluntary wage assignments are exactly that. they are voluntary. If your payroll department receives one, they are to notify the debtor, who has the right to refuse the voluntage wage assignment.

Be skeptical and wary of a company who does not list a physical address just an email address, shows a 1-800 number only and not a corporate office number.

These companies listed above are shady, deceptive, unwilling to work with their clients when it comes to paying outstanding accounts. Most of their collectors are not licensed nor do they understand the rules. When I called to complain, I let them know the information that I had found out about them and was put on hold and given to several individuals. All with different names.

Do you homework on this company, and report them to the proper authorities. Here in Canada, legislation is coming down which will curtail these companies even more.
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#2 Consumer Comment

Sonic Payday LIARS!!!!!!!!!!!!

AUTHOR: Tammy - (U.S.A.)

Sonic is not licensed in Delaware to do loans and the Delaware Address is a invalid one. Beware sending them money. They don't want paper trails. Refuses money order because will get lost in mail and will not sign certified receipt. This comment came straight from Erin Kennedy. They are running a scam and I wish an attorney would get ahold of all the complaints about Sonic Payday and do something about them. They are liars, don't know what to do when you start questioning them. If it isn't on their script, they don't know what to do.
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#3 UPDATE EX-employee responds

address

AUTHOR: B - (Canada)

I am an ex employee with Ecare Contact Centers and i can confirm that the call center is in Winnipeg, Manitoba Canada. The address is 433 Main st floors 3 and 9. They have the Collections office in Surrey Bc and now have an office in Ireland as they know that they will be shut down soon. Thank god for that !!
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#4 Consumer Suggestion

WAGE ASSIGNMENT LAW AND REQUIREMENT - LONG BUT USEFUL...

AUTHOR: Stacy - (U.S.A.)

WAGE ASSIGNMENTS:
What is a wage assignment?
Although not nearly as common as it used to be, some creditors may still ask a consumer to sign
a wage assignment at the time he or she incurs a debt or to secure an existing debt. By signing
this paper, the consumer agrees that if you default in paying the debt, the creditor can serve a
demand on the consumer's employer for a portion of his or her weekly wages until the debt is
paid. This is not a court proceeding. A creditor with a valid wage assignment does not have to
obtain a court judgment before serving the demand on the employer. A "wage assignment" is
different from a "wage deduction" which is a creditor remedy to collect on a court judgment.
Amount that is to be deducted?
The most an employer can take from an employee's wages is the same as the amount that can be
deducted per a garnishment (as discussed above).
The power of revocation:
There is a reason why we don't see many wage assignments these days. In 1984, the Federal
Trade Commission passed a rule that says that a creditor is guilty of an unfair credit practice to
make any consumer sign a wage assignment unless the agreement states that the assignment can
be revoked at any time for any reason by the consumer. This means that the consumer can
cancel or rescind the wage assignment any time he or she wants and at any stage of the
assignment process. How? It's simple. The consumer need only send the creditor a letter
stating that he or she is revoking the wage assignment. Because of this FTC rule, a wage
assignment offers no real security for a creditor.
If a wage assignment does not have the required revocation language, then the creditor has
violated both federal and state law. This means that the consumer can probably revoke the
assignment anyway, or be able to stop any collection from his or her employer.
Requirements:
4
A wage assignment is not valid unless it meets certain requirements. Here are some of the
requirements:
It must be on a separate paper and not part of any contract.
It must be signed in person.
It must include the date it was signed, the social security number of the consumer, the
consumer's name, the amount of the debt, the rate of interest, and the date when
payments are due.
The consumer must be given an exact copy of it at the time of signing it.
It must have the words "Wage Assignment" in bold at the top and right above or below
the signature line.
The demand on the employer must meet certain requirements or it is of no legal effect.
For instance, the consumer must be in default at least 40 days, the demand must correctly
state the amount in default, and it must be accompanied by a copy of the assignment.
No demand can be served on an employer unless the creditor first sends the consumer a
notice of its intent to do so at least 20 days before serving the demand on the employer.
Both the demand on the employer and the notice the consumer receives must be in a form
required by statute. The demand served on the employer must contain the original or a
photocopy of the wage assignment and show the exact amount of the default. The
demand applies to wages due at the time it is served on the employer and subsequent
wages earned until either (1) the total amount due under the assignment is paid, or (2) the
end of the employer's payroll period ending immediately prior to 84 days after service of
such demand on the employer, whichever occurs first.
The assignment is only valid for 3 years. However, if the consumer changes employers at
some point after signing the wage assignment, the assignment is valid for only 2 years
from the date it is signed.
The demand cannot seek more wages than allowed under a wage deduction and may not
demand more than the amount of the debt.
No wages can be collected under a wage assignment if wages are from the State, any
local unit of government, or a school district.
What to do if the wage assignment is not valid?
Again, it is probably best for the consumer to send the creditor a notice revoking the wage
assignment. However, if the assignment fails one or more of the legal requirements, the
consumer can also file a "notice of defense" with his or her employer, serving a copy on the
creditor by registered or certified mail (see below for additional details). This notice of defense
prevents the employer from turning over any wages to the creditor and forces the creditor to turn
to other collection methods.
What the consumer (the employee) can do if the wage assignment is valid?
The consumer can always revoke the assignment as described above. However, if the revocation
doesn't occur before the wage assignment is properly served, the consumer can raise whatever
5
defenses he or she has to prevent the employer from paying money to the creditor. A discharge
in bankruptcy is recognized as a valid defense. To raise defenses to a wage assignment, the
consumer must send a notice of defenses to his or her creditor by certified mail within 20 days
after receiving the notice of the creditor's intent to make a demand on the employer, or within 5
days after the employer is served with the demand for wages. If notice of defenses is timely sent,
the employer may not withhold any wages for the creditor. Unless the consumer agrees in
writing to authorize payments to the creditor after sending his or her notice of defenses, the
creditor must file a lawsuit in order to receive any wages.
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#5 Consumer Suggestion

address

AUTHOR: Leann - (U.S.A.)

Well i had posted a response stating that i am having my employer send some money off for the wage garnishment and they have accepted payment so there isnt much that they can do now i am going to continue sending something every 2 weeks till it is paid off this is the address that came with the wage garnishment paperwork to my employer
ECARE CONTACT CENTERS
901 N. MARKET ST STE 460
WILMINGTON, DE 19801-9984

that is the address my employer has sent the checks to

good luck all
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#6 Consumer Suggestion

TARA, CHECK WITH YOUR LOCAL COURT

AUTHOR: Sherri - (U.S.A.)

What Sonic did may have been illegal. Did you receive a summons to appear in court? If not, their "garnishment" is probably an unauthorized wage assignment that they claim you authorized and they never filed suit. If this is the case, you can get the wage assignment vacated. Ask your payroll department for the copy of any documents they received.
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#7 Consumer Suggestion

Wage garnishments illegal w/out court order

AUTHOR: Christina - (U.S.A.)

I just wanted to let you know I am also dealing with Sonic. They are rude and hateful, but I have an advantage in the fact that I actually run the payroll dept at my company. It is not lawful to take a wage garnishment from an employees check without a court order! The paper we signed doesn't mean anything, although they are counting on people being misinformed. I would contact your payroll company and let them know you expect action to be taken, since there was no court order to take the money from your wages. Just like everyone else, they wouldn't give me an address, so I am just waiting for them to try to garnish my wages. Then they will seee they are not all powerful.
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#8 Consumer Suggestion

SONIC WILL GARNISH YOUR WAGES

AUTHOR: Tara - (U.S.A.)

They will garnish your wages, they just garnished mine today with no knowledge, now I cannot make my house payment.

Talk to your lawyer!!! Have him contact them
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#9 Consumer Comment

the address and all the other peoples names you could use

AUTHOR: M - (U.S.A.)

******** ADDRESS ********

David Ash (Director)
13696 104th Avenue
Surrey, BC V3R-1V9

it's by the Guildford Office Park

and...

call centers are in Winnipeg, Canada according to Connie from PLR Direct.

sorry no phone number for the head office.

HOWEVER....the following numbers/names are availble//

Lynn 866-349-5414
Mr. Perry 866-208-4969
Mayor Doug McCallum 604-591-4126 (careful is a Canada number)
PLR Direct 877-472-9329
Tiffany Stone 877-263-3660
IP web address:: 215.75.7.70
(Cork, Ireland)

******** ADDRESS ********


Mailing address (forwards only)
18/19 College Green
Dublin 2, Ireland

Connie told me that this address was a fake when I mentioned to her that I wanted to check out the company before giving them my information. I mentioned that before I loaned I wanted to get some information and did a signature on arrival. The letter came back as signature refused. So explained that address is a dummy.

HOWEVER....the

******** ADDRESS ********

234 North James Street
Newport, DE
Pettinaro relocation


adress is a US address, and I beleive you can get signature through that, although that is also a dummy.

-Erin Kennedy 866-793-6548
-Wage Assignment 866-285-8670
-E CARE 888-740-2274
-Ivan McKinnon 866-838-4213
-Mr. Burke 866-838-4198
-Trevor Lang 866-470-5895
-Karim West 877-472-9329
-Irey Carey
-Yolanda Williams
-Ms. Reid (no longer employed, but it throws them off when we mention names of people no longer there and tell the reps that we know it's unethical to not provide their address.)
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#10 Consumer Comment

I need an address

AUTHOR: Yvette - (U.S.A.)

Yes,

I have run into the same problem. They refused to give me an address. Do you have one. I need it ASAP.
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#11 Author of original report

Need an address

AUTHOR: James - (U.S.A.)

I am the one who posted the topic, i am wanting the address to send payments to. let me know what the address is.
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#12 Consumer Comment

wage assignment will accept a percentage to clear the debt

AUTHOR: Leann - (U.S.A.)

Yes they can sure do a wage assignment i got called down to my pay roll dept about 15 minutes ago.
attached to the letter there was some questions and answers and one of the question was Our system dosent allow full deductions will you accept partial payments? and sonic's answer was we will accept a percentage to clear the debt and avoid the customer incurring furter debt.

so we are going to send a little bit out of each paycheck and if they accept it,it is a form of payment. if i could afford to send it to them all at one time i would have, but now i have an address to start sending additional payments too.

so if anyone is in the same boat as me and they wouldnt give you an address i have it.
just give me a holler.
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#13 Consumer Comment

Ask Your Attorney

AUTHOR: Kathy - (U.S.A.)

Why don't you ask your attorney to explain the bankruptcy procedures to you? If I were you, I certainly would not pay these vultures and I would let the bankruptcy court sort out which of your creditors will get paid.
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