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Ripoff Report | Sonicpayday.com Review - Nationwide - Sonicpaydaycom
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Report: #139541

Complaint Review: Sonicpayday.com - Nationwide

  • Submitted:
  • Updated:
  • Reported By: kaplan Louisiana
  • Author Confirmed What's this?
  • Why?
  • Sonicpayday.com sonicpayday.com Nationwide U.S.A.
  • Phone:
  • Web:
  • Category: Loans

Sonicpayday.com ripoff sonic payday loaned me 300.00 When I lost my job they would not give me anextension They ran the amount $408.25 into my checking account at least 10 times They harass me daily I know I owe them money but there is no way to settle this they are very rude at all times Internet

*Consumer Suggestion: THEY CAN'T GARNISH YOUR WAGES WITHOUT A COURT ORDER AND WITHOUT Y OUR COMPANY TELLING YOU, YOU HAVE TO SIGN PAPERWORK AND SEE THE GARNISHMENT BEFORE

*Consumer Suggestion: SONIC WILL GARNISH YOUR WAGES

*Consumer Suggestion: David Hardy they do include documentation stating they will move ahead with a wage assessment

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They have refused to work with me I borrowed 300.00 in 5 days they were looking for their 408.25 I have been laid off since 2 days after I borrowed money nd my car was not working. I tried to gat an extension they said no way. They are still putting my checking account in overdraft even though I have aske dthem to stop. No payments just cash!!!

Marrie
kaplan, Louisiana
U.S.A.

This report was posted on Ripoff Report on 04/20/2005 10:47 AM and is a permanent record located here: https://www.ripoffreport.com/reports/sonicpaydaycom/nationwide/sonicpaydaycom-ripoff-sonic-payday-loaned-me-30000-when-i-lost-my-job-they-would-not-giv-139541. 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. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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REBUTTALS & REPLIES:
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3Consumer
0Employee/Owner

#3 Consumer Suggestion

THEY CAN'T GARNISH YOUR WAGES WITHOUT A COURT ORDER AND WITHOUT Y OUR COMPANY TELLING YOU, YOU HAVE TO SIGN PAPERWORK AND SEE THE GARNISHMENT BEFORE

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

POSTED: Friday, August 19, 2005

IT HAPPENS. IF YOUR COMPANY AGGREED TO AND GARNISHED WITHOUT YOUR KNOWLEDGE (HIGLY UNLIKELY) THEN YOUR COMPANY IS COMMITTING FRAUD. WAGE ASSIGNMENT CAN'T EVEN BE DONE WITHOUT NOTICE FIRST. THE CONSUMER IS ENTITLED TO BE INFORMED OF ALL ACTIONS AGAINST HIM BEFORE THEY CAN BE CARRIED OUT. PERMISSION IS A DIFFERENT STORY, BUT THERE IS NO WAY YOU WILL GET GARNISHED WITHOUT YOUR KNOWLEDGE.

ALSO REGARDING WAGE ASSIGNMENT:

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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#2 Consumer Suggestion

SONIC WILL GARNISH YOUR WAGES

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

POSTED: Monday, August 15, 2005

I ran into the same problema nd tried to work something out where I could split it up and send in money orders. They only would split it in 2. which still left me with 320.00 twice, i could not pay and could not get an address. Anyway, I got paid today and was going to pay my house payment to only notice that THEY GARNISHED MY WAGES FOR 320.00 and my company did not even notify me, now I am short on my house payment and dont know what I am going to do. JUST BE AWARE THEY WILL GARNISH YOUR WAGES WITH NO WARNING

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#1 Consumer Suggestion

David Hardy they do include documentation stating they will move ahead with a wage assessment

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

POSTED: Monday, April 25, 2005

I ran into a similar problem with them. But I was able to get one extenstion. I agreed to pay half the loan after the inital 14 days when it was due. Then paid off the rest two weeks later. The 'collection' agent assigned to the account was David Hardy, quite an a*****e. But I guess he has to be. And to be fair to Sonic Payday, they do include documentation stating they will move ahead with a wage assessment if the total amount is not paid when due. So, you know what you are getting into.

Some payday companies are really lax and others, like Sonic, come right after you. Funny though, when I made my 2nd payment, David said at that time I was eligible to apply then. However, when I tried, I was told since my account was sent to collections I could never apply again. But I still receive phone calls and e-mails from them asking me to apply. I have asked numerous times to be taken off their list, but I guess since I am in their database, there is no hope.

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