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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Education Law
Satisfied Customers: 117458
Experience:  Attorney handling education matters.
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This is the same question I have already submitted have not

Customer Question

This is the same question I have already submitted have not received an answer. I have a student loan that is in the process of Garnishment for 15% of my wages. I have asked for an oral hearing, but it was denied on the basis of papers I submitted.It seems
like this was just a formality. The garnishment still stands. I have 10 days to respond, now 5. The letter states in 5 more days I can voluntarily send in a payment of 15% of my wages, or they will garnish 15% of my wages. The letter's last page seems like
a form letter, and is not signed, it only says, "Hearing Officer" no name associated with the letter. The envelope says from the office of Federal Student Aid. Do I have any recourse? I feel the letter may be a strong arm letter in an effort to collect a debt
from Performat Recovery Inc. who is a collection agency that represents the U.S. Dept. of Education.. Thanks. Rick
Submitted: 2 years ago.
Category: Education Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I apologize, but we cannot find your previous question, this is the only one we see. I am sorry for any inconvenience that has caused you.
In order to object to a garnishment of a valid debt, you must show that what they are seeking to garnish is exempt from garnishment for some legal reason. For student loans, which are backed by the government, the government removes the legal exemptions to garnishment provided for in the laws, such as Social Security payments may still be garnished for a student loan). You can try to argue that the 15% garnishment will impose a significant financial hardship, but you would have to prove that with a financial statement proving that hardship, such as proving that your excess of your wages is necessary for shelter, food, child support and is not expendable income and in most of those cases the court may reduce the amount of the garnishment.
Generally, you need to work out some type of deal with the creditor for student loans because the laws are set up to favor them collecting their money back, because it is nearly impossible to avoid collection on this type of debt.
You can engage a local consumer protection attorney who can most times extend the time they begin to garnish and get at least a reduction in garnishment for you. However, in the long run you are going to have to come up with some type of payment plan with them.