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PDL Help!

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EaglesFan2006
Established Contributor

PDL Help!

I got a voicemail today from Cash2daylimited. The message left detailed information, including debt amount and social security number, and also threatened to call my supervisor and said they could garnish 40% of my paycheck if i didn't set up arrangements. The guy said he'd be willing to knock down 80% of the total debt. Anyway wanting to avoid my employer being called, even though i'm pretty sure that's not legal, i called in and the guy was saying how he could set up a settlement through 4,5, or 6 monthly installments. I didn't want to agree to anything without seeing info but he said he could only send in a settlemetn offer once agreed that would detail the account. They said they only accept ACH payments. I had my DMP call them and they got no help, nor could they tell me anything about whether they could actually do any of those threats. Does anyone have any advice?
 
This seems to be the original creditor and not a debt collection agency...though it is a pay day loan company and i've dealt with seedy ones in the past.
 
I'm not sure about wage garnishment...i live in PA and i know that it's limited to taxes and student loans there.  However i get paid out of Georgia, where my corporate office is...which state laws would apply here?  Can they even garnish any salary without taking me to court? 
 
Ideally if this is a valid debt i'd like to settle it within reason.  I've worked hard the last year to get ouf of debt and have kept up with my DMP for a while now, and this really caught me off guard.   I really don't want them calling my supervisor.
Message 1 of 7
6 REPLIES 6
BungalowMo
Senior Contributor

Re: PDL Help!

Ok, I have no idea how much this loan is, but maybe to avoid further excessive interest fees through them, can you maybe take out a personal loan?  Pay them off straight out?
 
I wouldn't suggest cash advance on credit as those interest rates are rediculous as well.  But if there is a way to pay them fully from another loan (only if they agree in writing that nothing goes on your report) you'd have those nasty vultures off your back.
BK 7 discharge 06.24.2020 No Fico score at all. Smiley Sad
Message 2 of 7
EaglesFan2006
Established Contributor

Re: PDL Help!

the original loan was 479 ...so they say.  Now they are saying it's around 5,000 ...with a settlement offer of 1700 over 6 payments, which i may be able to live with if this is a real debt.  what's concerns me is why they can't mail me an agreement until they have account information, as well a what was said as far as garnishment and employer info
Message 3 of 7
Anonymous
Not applicable

Re: PDL Help!



EaglesFan2006 wrote:
the original loan was 479 ...so they say.  Now they are saying it's around 5,000 ...with a settlement offer of 1700 over 6 payments, which i may be able to live with if this is a real debt.  what's concerns me is why they can't mail me an agreement until they have account information, as well a what was said as far as garnishment and employer info



If it was a debt collector, they would be subject to FDCPA, which prohibits threatening any legal action that they can not or have no plans to take.
 
However, if this is the OC then FDCPA doesn't apply to them.
 
But, you CAN file complaints with the BBB and your state AG.
 
Is this on your CR?
 
How old is the debt? What is SOL in your state?
 
I don't think it makes a difference that your paycheck comes from another state.
 
Do you have your original loan documentation that shows what the interest rate agreed is? Explains fees for if you default?
 
Search on your state's website to find out what legal interest rate is.
 
Is this a payday loan lender or a small loan company? How it is classified is important in determining legal interest rates.
 
 
Message 4 of 7
EaglesFan2006
Established Contributor

Re: PDL Help!

It is a payday loan company.  The loan is 3 years old.  I'm pretty sure PA only allows garnishment for taxes and student loans.  Even still, wouldn't they first need a judgement before they can do that?  They can just make that threat can they?
Message 5 of 7
Anonymous
Not applicable

Re: PDL Help!

Hi Eagles Fan,
 
PD loans do not show up on your CR.  My husband and I got stuck in that mess and will finish paying these off this month, it has been a nightmare.  Offer to settle for $550 and give them the terms.  Try to get it paid in 2 payments.  They will act like they are doing you a huge favor, let them.  They want this off their books as much as you do.   Give them a call and let us know what they say.  Good Luck!
 
Tiffany 
Message 6 of 7
Anonymous
Not applicable

Re: PDL Help!

Just make sure you get any agreement from them IN WRITING.
Message 7 of 7
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