In Regards XXXXX XXXXX Law 102-164, ans amended by Public Law 109-171: 20U.S.C. ss1095a et sez, regarding delingquent student loans, is the employer obligated to garnish the employees pay, and if so by who's authority or direction?
Yes, by the authority of the Secretary of Education. The employer is obligated to pay either the Secretary of Education or the guaranty organization directed in the withholding order.
The particular statutory section reads as follows:
(6) the employer shall pay to the Secretary or the guaranty agency as directed in the withholding order issued in this action, and shall be liable for, and the Secretary or the guaranty agency, as appropriate, may sue the employer in a State or Federal court of competent jurisdiction to recover, any amount that such employer fails to withhold from wages due an employee following receipt of such employer of notice of the withholding order, plus attorneys' fees, costs, and, in the court's discretion, punitive damages, but such employer shall not be required to vary the normal pay and disbursement cycles in order to comply with this paragraph;20 U.S.C.A. § 1095a
I hope this helps.
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14 years of consumer protection exp. in Ohio, individual and class actions in Ohio and out of Ohio
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