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LADYLAWYER
LADYLAWYER, Lawyer
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My job received a call from my student loan company asking

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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.

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

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