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Maverick, Attorney
Category: Legal
Satisfied Customers: 6381
Experience:  20 years experience as a civil trial and appellate lawyer
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I got a student loan to addend a commercial truck driving

Customer Question

I got a student loan to addend a commercial truck driving school in colorado, i was doing my payment for latter i was told the 25% will be garnish out from my pay check. How do i stop that and faix a monthly payment back
Submitted: 1 year ago.
Category: Legal
Customer: replied 1 year ago.
do i need a lawyer to dispute on the garnishment so i can arrange for monthly payment?
How or what do i do so they can stop garnishing my paycheck? because i am unable to meet with my bills and can not even buy food to eat because at the end of every week i have no paycheck
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
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Expert:  Maverick replied 1 year ago.

There is some limited things you can do here. If you are in default on a federal student loan, the U.S. Department of Education or its agent can garnish your wages without first getting a judgment. This is called an administrative garnishment. The most they can garnish is 15% of your disposable income, but not more than 30 times the minimum wage. Use this form to claim an exemption for the 10% excess.

“Disposable earnings” are those wages left after your employer has made deductions required by law, such as income taxes and child support.

2. Some federal loans have cancellation programs that apply if you are engaged in a particular type of volunteer work, such as for the Peace Corps or teaching needy populations or serving in the military. So you may want to contact them here.

3. Student loans can be discharged in bankruptcy. To do so, you must show that payment of the debt “will impose an undue hardship on you and your dependents. You must show:

1) you cannot maintain, based on current income and expenses, a “minimal” standard of living for the you and your dependents if forced to repay the student loans;

2) additional circumstances exist indicating that this state of affairs is likely to persist for a significant portion of the repayment period of the student loans; and

3) you have made good faith efforts to repay the loans. (Brunner v. New York State Higher Educ. Servs. Corp., 831 F. 2d 395 (2d Cir. 1987).

Customer: replied 1 year ago.
Thanks so much for your response, just to know what if it's a private loan e.g I got the loan from a private institutions and it was based on the credit I had. They already began garnishing 25% and right now I am being unable to settle some of my bills.
Expert:  Maverick replied 1 year ago.

Private lenders can garnish the lesser of 25% of your disposable income or the amount that your weekly income exceeds 30 times the Federal minimum wage. You may want to consider the bankruptcy option I mentioned or to try to refinance your private student loans.

Customer: replied 1 year ago.
Is there any way I can the court can lift the garnishment so I can set up a weekly payment plan to finish off with the loan in a short space of time?
Expert:  Maverick replied 1 year ago.

If the lender is willing to work with you to do that, then they can withdraw the garnishment. However, if they are lawfully garnishing as per the limits above and you are really suffering, then a bankruptcy will stop the garnishment until the BK court rules on the matter.

Customer: replied 1 year ago.
I am really suffering I get paid weekly, but at the end of every week they take everything and I am left with nothing $00.00 so I can notpay my taxes, and other bills
Expert:  Maverick replied 1 year ago.

You can find a BK lawyer in your area by calling the CO State Bar or using this link.

Or you can try to file the BK yourself using a forms website service. There are several on the web to choose from. You will need to do a Google search; but here is an example.

Customer: replied 1 year ago.
If I have to file for BANKRUPTCY is it going to affect me in any way when applying for my green Card or citizenship? Answer is it possible to file for bankruptcy even though I have a job?
Expert:  Maverick replied 1 year ago.

Please assign a feedback rating for the answers already provided to your original question. I can assist you further after that. Thank you.

Customer: replied 1 year ago.
Okay I will do just that please can you send me a like to do so. Thanks in really appreciate your help
Expert:  Maverick replied 1 year ago.

You should be able to assign a feedback rating - look for that option on your end of the portal. I have never had to send anyone a link. Also, you may want to close your other question as I can still help you on this thread once a feedback rating is assigned. If you are still having trouble, please contact JA customer service.