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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111467
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I have been harassed for several months now regarding a student

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I have been harassed for several months now regarding a student loan that I never received and never attended the school in question. The agency says they will garnish my wages in 15 days from the date of my current notice if I don't provide certain information regarding my attendance and the closure of the school. I've been trying to acquire this information with no results. The School closed nearly 25 years ago and I can't seem to get any information regarding its records. My question is can this agency attach my wages without a formal judgment? I have also requested both in writing and verbally documentation of the original debt and any other paperwork that is available. I have received no such documents.
If they have not complied with the Fair Debt Collection Practices Act in providing proof required under that act, then you would need to file suit against them because they will file for garnishment and then you will still have to file suit against them to get the garnishment removed. It is best to file your suit under the FDCPA and seek your attorney's fees and up to $1000 for each violation of the act they have committed. It is pretty hard for you or anyone to prove a negative (that you did not attend school there or did not have the loans) but if you have any evidence at all you need to send them copies to prove that you did not owe the money. If it goes to court and if they cannot prove the debt, they cannot win.


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Customer: replied 5 years ago.
This helps immessurably. I will send what info I have and request more time to try to obtain the records I need. Thanks Paul.
Thank you.

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