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wage garnishment


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Question 1) I am defaulted in my student loan and just received a notice from the collection agency that they are going to start garnishing my wages equal to 10% of my disposable pay. My question is do you have to be considered a full time employee in order for them to be allowed to garnish wages? My employment consists of working "prn" or as needed which means can I work anywhere from 0 to 40 hours a week depending on their needs. If they garnish my wages and I happen not to be working some weeks how do they think this loan is getting paid off? Even when I do work they might be lucky to get $20-40/week. If I owe $17,000 I'll be paying on this for the rest of my life, right? Is this my best bet, to let them garnish my wages so they will get off my back or will they still continue to harrass me?

Queston 2) If I ever end up getting sued (because I also defaulted on another loan $15,000) what exactly can they do or take from me. I am married but all this debt was acquired before I got married. I have nothing in my name..no cars, house, etc. My husband basically makes the ends meet and I tie them with the little income I bring in. Can they do anything, take anything from my husband or use his income in any way especially since we are now married?

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They can't garnish without a judgment - do they have one? If not, they you have them for violations of the FDCPA.

Typically, collectors for student loans will offer you a rehab program to help get you back on track - have you asked them about this, or has this debt gone around for awhile through various collection agencies (if so, you could have forfeited your rights to rehab.)

I'd try this website to see what options are available.

http://www.ed.gov

If they do sue and get a judgment, they will most likely garnish your wages only and not your wife's. I doubt if they will seize property (though they could.) This is something best discuss with a lawyer or the courts.

[Edit by admin on Sunday, July 14, 2002 @ 08:49 AM]

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Yes, I'm tall.

OMG, I can't believe how much information is out there. I can tell you that it is SOOO much info that the people who service these loans don't even know it all.

However, I CAN tell you that this and other boards have been a HUGE help!! I wish I had access to this board a couple of years ago.

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