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Can United Student Aid Funds, (aka: USA Funds) through Financial Asset Management Systems, Inc. (collecting on a Sallie Mae Loan for tuition at a private college), place an order of garnishment with my employer without first getting any Arizona court (where I live and the institution is) order or ruling? If they must have a court order, which they do not, how do I remove their 15% garnishment the claim is authorized by "Public Law 102-164 as amended by Public Law 109-171; 20 U.S.C. 1095a et seq"? Thank you.
Optional Information: State/Country relating to question: Arizona Already Tried: I've gotten a Xerox of the "Order of Wage Withholding from Earnings" that Financial Asset Management Systems, Inc. mailed to my employer. It is not a court document as near as I can tell.
Yes, since it is one of the federally guaranteed student loans they are allowed to garnish without a court order and judgment. Student loans and the IRS are the only ones I am aware of that can do that. The only way to stop the garnishment is to get them to agree to stop it, which they rarely do now. After they have garnished for six months they will usually consider it if you enter into a repayment agreement.If you would like any additional information or have more questions please don’t hesitate to ask but please do so my clicking on the Reply to Expert tab.We work for Positive Ratings, please click on one of the top three ratings or one of the Smile Faces, as this would be appreciated. We have recently implemented a new rating and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not necessarily whether you like the information that you are receiving. Please bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.PLEASE DO NOT use the rating system to ask for more information or in an attempt to tell the website that you didn’t like the substance of the answer as it gives a NEGATIVE rating to me personally if your rating is one of the lower two.I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Experience: Began practicing in 1992 and handled many cases and trials for consumers