Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

I got a student loan to addend a commercial truck driving

Customer Question
school in colorado, i was...
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
Show More
Show Less
Ask Your Own Legal Question
Customer reply 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 reply 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 reply replied 1 year ago
Tell: (###) ###-####
Answered in 9 hours by:
12/14/2015
Lawyer: Maverick, Attorney replied 1 year ago
Maverick
Maverick, Attorney
Category: Legal
Satisfied Customers: 6,425
Experience: 20 years experience as a civil trial and appellate lawyer
Verified

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).

Ask Your Own Legal Question
Customer reply 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.
Lawyer: Maverick, Attorney 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.

Ask Your Own Legal Question
Customer reply 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?
Lawyer: Maverick, Attorney 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.

Ask Your Own Legal Question
Customer reply 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
Lawyer: Maverick, Attorney 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.

Ask Your Own Legal Question
Customer reply 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?
Lawyer: Maverick, Attorney 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.

Ask Your Own Legal Question
Customer reply 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
Lawyer: Maverick, Attorney 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.

Ask Your Own Legal Question
Ask Maverick Your Own Question
Maverick
Maverick
Maverick, Attorney
Category: Legal
Satisfied Customers: 6,425
6,425 Satisfied Customers
Experience: 20 years experience as a civil trial and appellate lawyer

Maverick is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,218 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,218 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

41,455 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

287 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I have a court date for a claim for exemption and wage
i have a court date for a claim for exemption and wage granshiment but im not employed so what do i do … read more
Ray
Ray
Lawyer
Doctoral Degree
30,190 satisfied customers
I loaned money to a friend. I first loaned him $3000 and he
I loaned money to a friend. I first loaned him $3000 and he paid me $100. He then asked for an additional loan of 2100 so the total loan was $5000. He has breached his agreement to pay me a minimum of… read more
Olivia Kent
Olivia Kent
Managing Partner
Law (J.D.) and Medicine (M.D.)
1,421 satisfied customers
I have a question about a NC Motion to claim exempt
I have a question about a NC Motion to claim exempt property … read more
socrateaser
socrateaser
1,031 satisfied customers
Are newspaper carriers exempt for the enforcement of the
Are newspaper carriers exempt for the enforcement of the Arizona seatbelt law while they are engaged in the duties of delivering the newspapers? … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
34,889 satisfied customers
I am a retired clergy who was exempt from SS while employed
I am a retired clergy who was exempt from SS while employed by the church. I am now retired and receive SS, and I have two minor children. I am now working part-time in a job that pays SS. I receive t… read more
John
John
Attorney
Doctoral Degree
5,765 satisfied customers
Law Educator, Esq.(ONLY) This is on Homestead exemption, Is
Law Educator, Esq.(ONLY)Good day, This is on Homestead exemption, Is Homestead exemption a jurisdictional issue? I was reading that only jurisdictional issue should be raised in a motion to dismiss. S… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
41,455 satisfied customers
Loan repayment. Texas. NO it was a personal loan made there
NO it was a personal loan made there is evidence but nothing was signed … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
On a motion to claim exempt property, do i include bank
on a motion to claim exempt property, do i include bank accounts? … read more
Thomas Swartz
Thomas Swartz
Attorney
Juris Doctor
2,838 satisfied customers
I am an exempt employee that has approved FMLA. I only work
Hi, I am an exempt employee that has approved FMLA. I only work 4 days a week at 32-35 hours. My employer just notified me that I am going to be hourly since I am not working 40 hours a week. I live i… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,903 satisfied customers
I have a notice of right to have exemptions designated and i
i have a notice of right to have exemptions designated and i need advice on how to process. This debt was for a credit card i acquired back in 2013. … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,072 satisfied customers
According to a payday loan i did not repay a loan, now some
according to a payday loan i did not repay a loan, now some collection agency are demanding 980.00 for a loan that was 300.00 where can I go and find if they have the right to do so, they said I have … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I received a letter saying "notice of debtor of exemptions"
I received a letter saying "notice of debtor of exemptions" I do not know what this means. I have been making all payments on my defaulted loan. … read more
Ely
Ely
Counselor at Law
Juris Doctor
24,218 satisfied customers
I need state and county exemption codes to record my deeds,
I need state and county exemption codes to record my deeds … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
This position is an exempt, full time position. Your
This position is an exempt, full time position. Your compensation will be $75,000 annually for the first twenty-four months. Benefits for this position are detailed below.Benefits: • Employee Medical/… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,903 satisfied customers
Got pull over last night driving to it was a drive and they
got pull over last night driving to it was a long drive and they though id been drinking. passed but found alittle weed I the time they want me in court i leave for work. cant i just pay the fine … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,451 satisfied customers
Are floating docks exempt from permitting in a condo marina
second opinion] Are floating docks exempt from permitting in a condo marina in the state of florida?… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
41,455 satisfied customers
Is it completely confidential and exempt from reporting to
Is it completely confidential and exempt from reporting to the IRS or legal authorities? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Just want to know what is the minimum wages rate payable to
Just want to know what is the minimum wages rate payable to people on job search visa … read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
128 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x