I checked the contract and nothing about a wage assignment. I also spoke briefly with my payroll department and found out that we will not put through any garnishments without court documents.

So, as long as that is the case, they will have to obtain a judgement before my workplace will allow a garnishment and if it takes as long as I've heard, I will have it paid off before they even are granted it.

Not only that, I did some reading into the laws on it, and it states its 20%, but could be less due to circumstances. I won't get into details, but lets just say that my circumstances are less than desirable. I would definitely be able to get a judge to lower to less than 20% based on my situation (family of 4 to take care of with very minimal income).

I think I should be okay with telling them to temporarily shove it.

Stuart, I am confused. Can you explain what a website privacy policy has to do with the terms of the contract the consumer signed?

They are two separate agreements. One governs your visit to their website, the other governs the relationship regarding the short term loan and how it will be paid back.

I couldn't find anything about a wage assignment, but I'll look again. It doesn't appear to have any safety in terms of anything like that in the contract.

drunkbeerguy, re: going to court to garnish. Not necessarily true with short term loans (aka payday loans).

Several payday loan companies have the concept of a wage assignment built into their contracts so taking money off your pay when you default could be easier then you think.

You need to read the contract you signed to understand what you agreed to.

Either way make good on your promise to repay soon before it starts becoming a headache.

Thanks. I always wondered how beer venders at sporting events could stay sober.

One tip though.....contact mogo about repayment before they send your account to collections. Talk to a manager, and explain what you can pay back and when.

Thank you, that certainly helps me to de-stress a little about the situation.

I figured she was trying to use scare tactics and she was pretty rude about it, but then again, most collectors are.

I'll have to stop any further deductions by them as it's a direct deduction from my account but that can be solved with a simple phone call to my bank.

I just hope this doesn't degenerate into something more nasty. I don't need any more issues....

Love the name btw!!

Tell them to shove it!

They have to get a court order to garnish your wages. This would take quite awhile as they have to have their lawyer draft papers, and then go to court. You would have time to file a defence, etc. etc......

They can contact your employer, but only to confirm you work there. They are not allowed to discuss any details with your employer.

If the cheque was returned to mogo, they will probably try and cash it again, the best thing you can do is put a stop payment on it.

The fraud accusation is also bunk.....

Basically, they are just trying to scare you.

Okay, I'll see if I can be brief here, but I desperately need some advice.

I received a payday loan from Mogo money. When it was time to repay, there was an issue with my bank, which I won't get into but none-the-less caused the payment to mogo to essentially "bounce".

Originally it didn't bounce and I had opted to reloan as I need to recover some of the money I just gave them for bills. When you reloan you show that their payment came out, which it did, until of course the following Tuesday (this all happened on a Friday) when the bank reversed it out (hate my bank, did I mention that).

Anyways, so they wanted me to arrange re-payment and told me my only option is Western Union. She advised me that if I do not repay it via Western Union by this Friday, she will contact my payroll department and file Fraud papers as I shouldn't have received a loan according to them. I advised her that the payment did clear and it showed it until the bank reversed it, which wasn't my fault.

I asked her what contacting my payroll department would be, and she said to garnish my wages for the full loan amount.

I've been reading a bit online, but I'm still fairly confused on the garnishment process. Also, a little concerned about the fraud accusation. My money situation really isn't fantastic right now and I'd like to repay it but I can't really repay it all right now as I have other obligations I need to tend to (keeping a roof over my family's head and food on the table).

The agreement I electronically signed states that they may contact my employer, friends, family, neighbours, etc, although states nothing about garnishment.

1. Can they actually go straight to my payroll and garnish my wages (can they even call them for that matter)?

2. Can they garnish the full amount (which would be more than 80% of my pay)?

3. What about the fraud accusation?

4. Is there anything I can do about this? Like if I opt to not send the full Western Union amount and just say screw them and pay in installments as much as I am able (because I don't want to default on it... I do want to pay it back), is this something available to me?

5. How long would it take for them to get a garnishment?

6. Are they able to just go into my bank and take out money again (the authorization I gave them stated specific dates for the transactions and no further dates in case of default on repayment)?

Any help would be appreciated because I'm really in a pickle here (anyone know a good stress reliever??)

Thanks!

~noirraven