Legal Question in Credit and Debt Law in Illinois
I took out a loan from cashnet for 900 dollars I defaulted and recently was contacted by collections I think? woman said if I didn't agree to terms they could garnish my pay check for 3 times what I owe without even taking me to court also threatened to contact my job every day until I call them even though my job told them I cant receive personal calls I work at a hotel and cant be reached thru them. cash net and their "people" have my number and email yet they continue to call my job and harass me daily. can they do this?
1 Answer from Attorneys
If it is there collection department and not a collection agency, there is no law limiting their rights to harass you. You may have signed a wage assignment when you borrowed the money that gives them the right to ask your employer to withhold money from your wages. Federal law says that you can revoke that assignment. Send a letter to cashnet by certified mail stating that you are revoking the wage assignment you previously gave them. If they send it out after they get your letter they have violated the law and can be sued for wrongful wage assignment, possibly offsetting what you owe them.