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My job received a call from my student loan company asking

to garnish my wages. How...
My job received a call from my student loan company asking to garnish my wages. How do I stop this from happening? Is this legal are do they need a court order to garnish my wages. My student loans were supposed to be in default while I was in school. I received notice stating I needed to send proof I was still in school. I did. My loans were still sent to collections. I have sent proof from the school and statements from the loan company stating half of my loans are still in deferment because I was still in school until they placed my loans into default and I could not get any loans. The loan company purchased my loans while I was still in school.
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Answered in 3 minutes by:
2/1/2012
LADYLAWYER
LADYLAWYER, Lawyer
Category: Legal
Satisfied Customers: 6,536
Experience: Civil; Family; HOA; Landlord/Tenant; Real Estate; Probate; Insurance; Immigration; Wills & Trusts
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LADYLAWYER :

Hello, Thanks for choosing Justanswer.com! I look forward to helping you with legal information today.

LADYLAWYER :

Yes, they need a court order to garnish your wages.

LADYLAWYER :

You should have been served with a lawsuit if this were going to happen.

LADYLAWYER :

If they are incorrectly reporting things on your credit and calling your employer to harass you if they do not have a court order, then you should consider filing a defamation claim against the collection agency and also reporting them to the FTC.

LADYLAWYER :

You can file the FTC complaint here: https://www.ftccomplaintassistant.gov/

LADYLAWYER :

If they did file a lawsuit and you were never served, you can file a Motion to Vacate Default Judgment and get the judgment set aside.

Customer:

I did not my job said the loan company called them and said they would send garnishment papers over. The papers are a check list to fill out about my wages.

LADYLAWYER :

Your job should not be filling anything out without a court order.

LADYLAWYER :

They have NO legal obligation to fill out anything without a court order saying they have to or a subpoena saying the same.

Customer:

So a court order should be sent to the job if this is being done correctly?

LADYLAWYER :

Correct.

LADYLAWYER :

Your employer can demand a court order or subpoena saying s/he has a legal obligation to fill out and return this form.

LADYLAWYER :

However, if they really did get a judgment against you, they did so illegally because you were never served.

LADYLAWYER :

What county in NJ are you in?

Customer:

Which court can I file the Motion to Vacate. I live in NJ and HESC is in New York.

LADYLAWYER :

They were supposed to sue you in the county where you live.

LADYLAWYER :

That is not always done, but if not, it is another reason to get the default judgment vacated and then the lawsuit dismissed.

LADYLAWYER :

You will want to check with the clerk of court in BOTH counties to find out where the lawsuit is.

LADYLAWYER :

You can just call and give your name and they will look up to see if a case was filed against you.

Customer:

If their is no court order do I still go down to my county and file the motion to Vacate?

LADYLAWYER :

No, there will be nothing to file against. If there is no court order in either county, there may be a slight chance they filed it in some off the wall place. You should call HESC and ask for a copy of the judgment or, if your employer demands a copy, you can get one from him/her.

LADYLAWYER :

Here is the packet to file a motion to vacate in NJ: http://www.judiciary.state.nj.us/prose/10555_motion_supct.pdf

LADYLAWYER :

And this is going to be your one for NY: http://www.formsworkflow.com/d66777.aspx

Customer:

It is Passaic County. Thanks for your help

LADYLAWYER :

You will just change the county name.

LADYLAWYER :

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Customer:

Thank You

LADYLAWYER
LADYLAWYER, Lawyer
Category: Legal
Satisfied Customers: 6,536
Experience: Civil; Family; HOA; Landlord/Tenant; Real Estate; Probate; Insurance; Immigration; Wills & Trusts
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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