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I am not sure what type of law covers my situation Contract,

Customer Question
I am not sure...

I am not sure what type of law covers my situation Contract, bancruptcy or general law

Lawyer's Assistant: What state are you in? And has anything been officially filed?

Nevada Yes

Lawyer's Assistant: Has anything been filed or reported?

Yes

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

It is hard to explain on line my contact is(###) ###-####my naame is Owen CCervantes

Submitted: 7 months ago.Category: Legal
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Answered in 3 minutes by:
11/29/2017
Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,470
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. What specific questions did you have? I have an idea about your situation, but I don’t want to make any assumptions.

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Customer reply replied 7 months ago
They are claiming they can garnish my SSDI payment. I told them they cannot as they are not a federal student loan company. Can they garnish my wages, or take any action against me? They are NOT a federal loan company, and the loan would have been discharged in bankruptcy if they hadn't lied about their status
Lawyer: Legal Eagle, Lawyer replied 7 months ago

Thanks so much for your patience. Generally, your SSDI is protected unless you have to pay old tax debts, federal student loans, child support, or spousal support. However, most creditors are barred from recovering this money. Thus, if this is not a federal student loan company, then they cannot garnish your SSDI payments at all.If you had a bankruptcy, I would make sure that a) this loan was discharged and b) the date of the discharge. If you can confirm that everything was discharged, then I would highly recommend just writing a cease and desist letter advising that the Fair Debt Collection Practices Act prohibits the kinds of actions they are taking against you. Lawyers use letters like these often to enforce their client’s rights. Here’s a website that has a good template (click here). It only costs $10 and it is way cheaper than litigation.

What other questions did you have for me today?

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