How can I revoke a voluntary wage assignment for a payday loan?

I took out a payday loan 9 months ago. I was unable to pay the loan back and it was stupid to take it out to begin with. Anyway, today my HR person gave me paperwork they received that was a wage assignment from the lender. It is all electronic and my “signature” is not listed as my legal name. I can’t have this all out of my check. What can I do?

Asked on August 18, 2011 Missouri

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you entered into a voluntary wage assignment with one of your creditors for a loan to be paid out of your paycheck at work, you need to carefully read its terms that you presumably signed in that the terms control what you can and cannot do as far as terminating the voluntary wage assignment.

If the wage assignment from the lender given to your human resources person does not have your actual signature upon the document (photocopy of an original) then it would seem that the electronic signture is not a signature by you and the document is not enforceable as written.

You need to advise human resources that if the above is true, then the document was not agreed to by you and the amount of the pay sought to be debited from your pay check is not authorized. Do this in writing. You should also contact the company sending the electronic signature of yourself stating that such was never authorized by you and state such in writing keeping a copy for future use.

Good luck.


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