Voluntary Wage Assignment

[fancyface1]

What is the name of your state? Washington

I'm trying to get more info on a Voluntary Wage Assignment. We have a payday loan that was due on 6/17/05 that we did not pay. I've been in contact with the company trying to make payment arrangments but they won't agree to them. Today they sent me an email stating that if I didn't pay the balance in full by 7/17/05 they were going to contact my husband's employer to garnish the full amount. They state that we signed a Voluntary Wage Assignment giving them permission to do this. They sent me the loan agreement stating that it was in there. The only thing in the whole agreement is one line entitled Security Interest. It says "You are giving us a security interest in your wages in the form of an assignment of wages"
Is that valid??

[JETX]

Originally Posted by fancyface1

The only thing in the whole agreement is one line entitled Security Interest. It says "You are giving us a security interest in your wages in the form of an assignment of wages"
Is that valid??

Without reviewing the rest of the document, I would say that assignment is likely valid.

[fancyface1]

Is the Wage Assignment suppose to be a separate document?? I read some info on Wage Assignments and it said that it's suppose to be separate specifically stating that it's a wage assignment and must be signed by both my husband and myself. This agreement is only signed by my husband.

[racer72]

Employers in Washington state do not have to honor voluntary wage assignments, they are considered a civil matter between the debtor and debtee, the employer can tell them to get lost. They only require the signature of the person who placed their future wages up for collatoral to be legal, they do not require both party's signatures. In fact, you have no legal right to assign or designate your husband's wages and as such, you signature is not required. If your hubby's employer does honor the wage assignment, there is very little either of you can do. You will of course learn a valuable lesson in dealing with those check cashing scumbags though.

[fancyface1]

This is the Washington law that I read that said a spouse has to sign too-

4.3.2.6.1.b
It is an agency’s option to accept and honor a voluntary wage assignment. Doing so may forestall a garnishment which causes significantly more work for an agency. An agency accepting a wage assignment should notify the employee and the assignee that the agency’s acceptance is conditioned on it not being liable for mistakes or omissions in honoring the assignment, and that enforced wage collections (e.g., garnishments) will take precedence over the assignment. Before honoring such an assignment, the agency should obtain a copy of the assignment, signed by the employee. If the employee is married, written consent to the assignment by the employee’s spouse also is necessary.