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Received a motion out of state


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my wife received a certified letter and when she opened it, it was a motion agains her from a federal student loan that she got behind on payments, We try to settle with the OC and the case was transfered to an attorney. My question is, we live in florida currently and this loan was in puerto rico, How can we deal with this if we live out of state, they also want her to agree with the terms, notarize the letter and send it back to puerto rico, Should she do this or their is a solution to this. We are trying to buy a house within a month, will this show on her credit report as public records? if yes how can i deal with this. i thank you guys in advance for your help.

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Is it a notice from a collection agency?

It should have a statement saying something like, "You have 30 days to dispute..."

If it's a student loan collection, it doesn't matter where she lives. I'm in Florida and dealing with a CA in New Hampshire.

Have you pulled your CRs recently to check and see if it's on there yet?

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thanks for your reply michelle, well the certified letter doesn't say that i have 30 days, its from an attorney that the oc hired. It is a motion that says, motion of transaction and stipulation an has a civil number, so i imagine its already in court. I was able to contact finally the attorney and he said it was just a letter saying that my wife agree to let the OC deduct money bi-weekly from her check. I asked him if it was going to be on her Credit report as public records and he said no, Dont everything that is filed at the court house is public records and shows in the credit report?. That's weired.

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Don't do it!! Never, never give access to your bank account. You don't have any idea who these people are.

If you must, contact the OC and try to get a feel for what's going on. Do everything in writing.

If they are sending you fake court docs, you know you're dealing a collector who has no regard for the law. Don't become a victim!!

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  • 1 month later...

Perhaps she should rehab the loan if possible. Call the lender and see what can be done. They will not go away and cannot be discharged in bk. The new laws (I am not sure when this goes into effect) increases the amount that guaranty agencies may garnish without the borrower’s consent to 15% of disposable pay and I could be wrong here but I believe I was told that with federally insured student loans they do not have to go through due process for garnishment if you default.

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In an administrative wage garnishment, they still have to give you " due process", but it is draconian at best. Be nice with them, do what you can, alsways ask them what your options are vis-a-vis rehabbing the loan or getting some other relief.

It may show up on your CR as a collection, but I do not think an AWG will show as a "public record"

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In an administrative wage garnishment, they still have to give you " due process", but it is draconian at best. Be nice with them, do what you can, alsways ask them what your options are vis-a-vis rehabbing the loan or getting some other relief.

It may show up on your CR as a collection, but I do not think an AWG will show as a "public record"

Administrative wage garnishment!! That's it!! I sat here in front of my Mac and I just could not think of the term today. Not enough coffee...Thank you Recovering... :D

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