How to Stop Garnishment on Student Loans

Student Loan Debt
HIGHLIGHTS
  • Contact the Dept. of Education to prevent wage garnishment.
  • Consider filing a Chapter 13, which results in a court supervised repayment plan.

State and Federal Laws May Help You Stop a Wage Garnishment Related to Student Loans.

The options available to stop or reduce a student loan-related wage garnishment depend on whether the delinquent student loans are federally insured loans, such as Perkins, Stafford, PLUS loans, or private student loans.

Federal Student Loan Garnishment

Federal law allows the Department of Education to garnish 15% of a delinquent borrower’s after tax income for federally insured student loans. It may do so as long as the garnishment does not bring the borrower’s weekly pay below 30 times the Federal minimum wage. As I write these words, this means a borrower is guaranteed $217.50 ($7.25/hour × 30 hours) per week exempt from garnishment. (These numbers are current as of early 2011.) If you make less than that amount each week, then your wages are exempt from garnishment altogether. Unlike other creditors, the federal government has the right to garnish wages, levy bank accounts, and seize property without first obtaining a court judgment against the debtor. This is called administrative wage garnishment.

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If you can prove to the Dept. of Education that its garnishment of your wages is causing your family an undue financial hardship, it may be willing to stop the garnishment and work with you in establishing alternate repayment terms. For example, facing foreclosure of your home as a result of garnishment should qualify as an undue hardship.

To try to stop an administrative garnishment, contact the Department of Education’s resource Facing Loan Default. The DOE provides a list of resources available for consumers who have defaulted on their loans. Another good resource to explore is the Student Loan Borrower Assistance Project’s (SLBAP) Administrative Wage Garnishments.

Quick Tip: Need a student loan? See the Bills.com resource Student Loans resource page. Problem with a student loan? Learn more about Student Loan Consolidation.

If your federal student loan payments are causing financial distress, review the Income-Based Repayment (IBR) program, and see the Dept. of Education’s IBR calculator. If you do not qualify for IBR, learn if Income Contingent Repayment is right for you.

If you defaulted on your federal loans and want to restart payments, see the Dept. of Education’s Loan Rehabilitation page.

Private Student Loan Garnishment

Private student loans, on the other hand, are basically the same as any other unsecured personal loan; the only major difference between private student loans and regular personal loans is that the former are generally non-dischargeable in bankruptcy.

Private lenders must file a lawsuit against the borrower and obtain a judgment before they can garnish wages, so it takes private lenders longer to begin a garnishment.

Depending on where the borrower lives, private lenders with a judgment may garnish as much as 25% of the borrower’s after-tax wages. However, the amount that can be garnished is specific to each state. See the Bills.com resource Collection Laws & Exemptions by State to determine how much of your pay can be garnished by private lenders. Texas and Pennsylvania, for example, do not allow wage garnishment for unsecured debts such as private student loans.

Keep in mind that no matter where you live, if your loans are federally insured, you can usually be garnished 15% of your disposable wages, regardless of your state laws regarding garnishment for other types of debts.

To try to stop a garnishment resulting from a private loan, you should contact the creditor to discuss your financial situation and try to negotiate an alternate payment plan. Unfortunately, the creditor may not be willing to stop the garnishment voluntarily, forcing you to explore alternative options.

Bankruptcy and Student Loans

The last option most people consider to prevent garnishment for student loans is filing for bankruptcy protection. Since student loans generally cannot be discharged in a Chapter 7 filing, you would probably need to file a Chapter 13 bankruptcy, which is a court supervised repayment plan in which your student loans, as well as other debts, would be repaid through monthly payments made to the court.

More About Student Loans
Need a Student Loan? Start Here!
Student Loan Consolidation
Private Student Loan Default
What to do if You Default on a Federal Student Loan
How to Pay Off a Student Loan
Help with Your Student Loan Debt
Settle a Private Student Loan
Public Service Loan Forgiveness

Chapter 13 can be an expensive and long-term commitment (5 years, typically), but if you feel that it may be an option to stop your wage garnishment, you should contact a bankruptcy attorney in your area to find out if bankruptcy will help improve your financial outlook. Surprisingly, many people find that their monthly payments under a Chapter 13 are more than the amount they would have been garnished had they done nothing, so if you are considering bankruptcy, please make sure to discuss it in detail with an attorney to determine if it is the right choice for you.

Another thing to consider is that filing a Chapter 13 bankruptcy may help you by bringing your mortgage current, stopping the foreclosure action and allowing you to pay off the delinquent payments over the course of your bankruptcy plan. To learn more about bankruptcy, I encourage you to visit the Bills.com bankruptcy information & resources page.

Comments (171)


CARI D.
Emmett, MI  |  May 21, 2012
I had a federal student loan in default & have been making payments since Jan 2012, the last 3 months an additional payment has been taken from my SSDI check. When I call the treasury offset number it says I have 3 offsets (last week it changed because it ALSo said 1 debt but now doesn't) Dept of Ed nor Treasury nor collection agency seems to give me any help. I want to file income taxes to GET refund... Does it just take along time for Offset # to update I am in the clear? ...so lost
Bills.com
May 21, 2012
Contact the Dept. of Education's Federal Student Aid Ombudsman Group about your issue to learn if your Social Security Disability payment should be offset.
Melissa D.
New York, NY  |  March 19, 2012
I came across your website while doing an internet search involving offset of my tax refund by mistake and am wondering what I can do. In 2010, my 2009 taxes were offset because of a defaulted student loan. I was never notified in advance. I contacted the Department of Education in April 2011 who set up a payment plan for me and informed me that if I made 9 consecutive payments, my loan would be rehabilitated and then my taxes would no longer be offset. I was expecting a large return in 2010 and put off filing until my loan was rehabbed. From April - September 2011, I received monthly bills from the DOE that I paid on-time. I did not receive bills in Oct, Nov & Dec and called each month and made my payment. I was told at that time that the DOE was having system issues and bills were not sent out. I made my final payment on 12/6/2011 and was informed at that time that it would take approx 30 days for my loan to be rehabbed and to call back and check at the beginning of January. I called on January 4th and was informed that my loan had in fact been rehabbed. I was told that the offset had been removed and it would be safe to file my taxes. I was given an automated number to call to check as well. I was also told that I no longer had to make any payment to the DOE and I would receive information from Direct Loans in about a month. I filed my 2010 taxes on 1/4/12 and RECEIVED my refund from the IRS on 2/3/12. On 2/28, I received a bill from the DOE for $250 that was PAST DUE. I was confused by this as I was told I no longer was to make payments to them and the amount made no sense. I called the DOE on 3/5 and was told they were still having issues with their system and they were sending out erroneous bills by mistake and I could ignore it. I also confirmed again that my loan was rehabbed and I was told to expect information from Direct Loans, but it would be delayed because of issues they were having. On 3/5, I once again called the 1-800 number to make sure again that my taxes would not be offset, and there was no offset on my account. I then filed my 2011 taxes. My tax refund was to be deposited into my bank account on 3/14, but it did not happen. I was told by the IRS, that it was deposited and could take a few days for my bank to receive it. While waiting, I was received a letter in the mail from the IRS on 3/17 telling me that my refund had been offset and was sent to the DOE. I called many times on 3/17 and again on 3/19 to try to get some answers, but the DOE told me "Sorry nothing we can do" and hung up on me. I finally got through to a supervisor on 3/19 and was told by her that my loan in fact had never been rehabbed and she didn't know why I was told by SEVERAL different employees that it was. She even had notes in my account that she could see that stated that their employees in fact did tell me the wrong information. I then inquired how it was possible that I called the IRS 1-800 number and was told there was no offset, filed my 2010 taxes and received the refund, so how is it possible that 4 weeks later there was again an offset on my account. This time the supervisor told me that there was a "glitch" in their system which took EVERYONE off of the offset program in January and February and that this "glitch" was fixed in the few days between my filing of my 2011 taxes and the date for direct deposit ( 2 week window). They told me there is nothing I can do or have my refund returned to me. I don't know what to do. I feel that I did everything I was supposed to do in regards to making on time payments and checking on the status of my loan. It is not my fault that I was told the wrong information by multiple people AND an automated hotline. There would be no other way to verify the information. I feel that I did my due diligence and not my fault they have glitches and problems with their system and employees. If I knew the rehab process would take longer, I would have waited to file my taxes. I should not be penalized because of their inadequacies. I also never received any letter telling me that my taxes would be offset. If the offset was placed back on my account after my taxes were filed, this gave me no chance to do anything to avoid the offset. I am unemployed and was relying on my refund to pay rent, bills, eat, etc. Is there ANYTHING I can do to receive this refund that the Department of Education TOOK from me? It is obvious that there are many issues with this Department. From erroneous bills sent, no bills sent, employees giving wrong information, "glitches" that give wrong information to the IRS AND I was also told today that I never made my payment in October. This payment was on my account and suddenly "disappeared". I have my bank statement saying otherwise. Thank you in advance for your help. Hopefully you can point me in the right direction.
Bills.com
March 20, 2012
Melissa, I sympathize with you. The bureaucracy is really brutalizing you. I have three suggestions:
  1. Contact the DOE Ombudsman.
  2. Contact your elected federal representatives, your congressperson and senators. Speak to their constituent services department. Sometimes, the clout that they can bring to the situation will get more done that an individual acting on her own.
  3. Speak with an attorney.
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Melissa D.
New York, NY  |  March 20, 2012
Thank you very much for your suggestions!!
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J R.
Boca Raton, FL  |  April 02, 2012
My understanding of the new laws on student loan repayment is that if the borrower pays 15% of their income toward their loan for 10 consecutive years (120 payments), then the balance on the loan is discharged. Since the garnishment rate is also 15%, I am trying to find out if the loan can also be discharged after the same period of time. Would anyone know this answer?
Bills.com
April 03, 2012
You have to be in an Income Based Repayment IBR) plan or an Income Contingent Repayment (ICR) plan can wipe out the remaining balance on a student loan, after a number of years in the program. For the IBR it is 20 and for the ICR it is 25.

There are also Public Service Loan Cancelation programs, where, if you enter into certain public service jobs, keep the job for 10 years, and make all your IBR payments as agreed, your entire remaining loan balance will be forgiven.

Payments that are made due to a garnishment do not qualify you for having your loan term shortened or balance wiped out after a certain time.
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Skip D.
Seattle, WA  |  April 13, 2012
Hi Melissa, The exact same thing has happened to me. My loans were supposed to rehabilitate in May 2011 and to date have not yet been processed. I verified with Dept of Treasury (DOT) I had no holds and filed my taxes. Sometime during Jan-Mar time period the Dept of Ed re "certified" me with the DOT. Being "certified" means they can take your tax return without notice/warning. Everything you said, I too have experience (no bills, billing errors, Oct 2011 payments not posting until Jan 2012, phone representatives telling lies, poor customer service, etc...). After repeatedly calling (sometimes on hold for more than an hour) I was eventually told this has happened to 10's of thousands of people. Originally, I was told the offsets would be returned and recently the story has changed to "we don't think they will be returned". I haven't found anyone to help...Ombudsman were a waist of time as they cannot make any changes in the Default area of the DOE. Total runaround. I even asked if the amount could be put towards my payments - thus recouping the offset overtime and was told if I didn't continue making the payments I would go back into default and the process would start again. I'm assuming you also received the letter congratulating you on your rehab - yeah, not worth the paper it's written on. I was then advised by the default group there is nothing they can do and that I should contact my congress person. When asked I got responses of...this shouldn't of happened to you, we understand your situation (yeah right). At no time could they answer any of my questions (Will this offset be refunded, When will this be refunded, etc...). Originally, they said to wait 30-60 days before calling back...for those of us that have to pay bills, I don't know what we are supposed to do. I'm thinking of reaching out to a lawyer or the media - everyone likes a David vs. Goliath battle. All in all, my experience has been identical to yours...you do everything asked of you only to be penalized for doing the right thing. They hold all the cards and could care less how they hurt people.
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J R.
Boca Raton, FL  |  April 17, 2012
Do you know how any of this would differ if the loan is a state department of education student loan rather than a US Department of Education student loan?
Bills.com
April 17, 2012
Which state offered the loan? Are you residing in that state?
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J R.
Boca Raton, FL  |  April 17, 2012
It is a loan from the Florida Department of Education and I do still live and work in the state.
Bills.com
April 19, 2012
Here is what I learned from the Florida Department of Education. Regarding administrative wage garnishment:
The Florida Department of Education (Department), Office of Student Financial Assistance (OSFA) serves as a guarantor for the Federal Family Education Loan Program (FFELP) and as the administrator of Florida's scholarship and grant programs. As a student loan guaranty agency, the Department administers the FFELP through an agreement with the U.S. Department of Education (ED) and in compliance with Title 34, Section 682.400, Code of Federal Regulations, and Florida Statutes. Public Law 102-164, 109-171; Section 488A of the Higher Education Act; 20 U.S.C. Section 1095a et seq. allows OSFA to administratively garnish up to 15 percent of a debtor’s disposable pay as defined by 15 U.S.C. Section 1673, unless the debtor provides OSFA with written consent to deduct a greater amount. This law supersedes any state laws governing wage garnishment.

Regarding any right for the OSFA to offset any Florida benefits, such as unemployment and state tax refunds:

OSFA does not offset any Florida benefits, and Florida does not have a state income tax.

Regarding how long the OSFA reports delinquent student loan payments for a borrower to the credit reporting agencies:

The Fair Credit Reporting Act, §605 [15 USC §1681c et seq.], requires the record of a student loan default to remain on the borrower's credit history for seven years from the default date. Therefore, the Department reports each defaulted student loan, the date of default, the balance at the time of default, and any changes in the status of the loan, including any change in the loan balance.

We followed-up with Florida Department of Education and asked if its loans are subject to IBR and ICR, and will report what we learn here.

Kevin R.
Lincoln, NE  |  March 10, 2012
Can Private Student Loans be discharged in Chapter 13 after the 5 years?
Bills.com
March 10, 2012
I can't give you legal advice. For an authoritative answer to your bankruptcy law question, consult with a bankruptcy attorney. However, I will share my non-legal opinion.

My understanding is that while you can include such debts in a Chapter 13 filing, the debts need to be paid in full. Whatever remains after the Chapter 13 is discharged continues to be your responsibility. The only time I know of that student loan debts can be discharged in bankruptcy occur when you can prove to the bankruptcy court's satisfaction that you are experiencing an undue hardship.
Kevin F.
Philadelphia, PA  |  March 09, 2012
Hello!, Student Garnishment began to take 15% percent of my check over a year ago, and I was making volunteer payments bi-weekly after Collections called me. Now when collections told me I was ALMOST done with my Payments, I asked them about the Garnishment thats been taking out every check, and My Income Tax thats been taken away by Dept. of Edu., and they told me there were no signs of them both on my account! they gave me a Loan tracking number, but that took me around in circles! Is there any other method I can go about this?
Bills.com
March 09, 2012
Before you hire a lawyer, try contacting the Federal Student Aid Ombudsman Group to learn if that office can assist you.
Michael M.
Dallas, TX  |  March 08, 2012
I was released from my last job, lived homeless for a few years, and finally got back on my feet with another job. In that time I communicated with the student loan debtors my situation. Under federal law, I was under the impression I could not be garnished for a year after landing this new job. Yet I was garnished anyhow. I did not receive letters regarding this. When I called and asked them to resend, I did not receive them again. They are telling me that I should get a lawyer because the time to challenge the garnishment has passed. Is this the only route, getting a lawyer?
Bills.com
March 10, 2012
Michael, I think consulting with a lawyer who has consumer law experience is your best choice.
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Anticollections ..
T/o Genesco, NY  |  March 11, 2012
I am pretty sure you can get the garnishment stopped if you have a AWG. I think you need to have been terminated from your last job and not employed FT for over a year to let the AWG stick. Pay your bills, but make sure you are paying in your best interest.
Bills.com
March 11, 2012
Thank you for your comment. It is possible to request a hearing for an Administrative Wage Garnishment (AWG) on a delinquent federal student loan. It is possible to do this on your own, however getting professional help, as suggested, may be helpful. If you wish to learn more about the AWG process read the Administrative Wage Garnishment page on the FSA (Federal Student Aid) Web site. Here is what the FSA has to say about your unemployment and AWG problem:
An opportunity for a hearing to present and obtain a ruling on any objection that garnishment cannot be used at this time because the borrower is now employed within a 12-month period after having been involuntarily separated from employment

You will find other helpful information including an address to send your hearing request.

Jem P.
Seattle, WA  |  March 06, 2012
My girlfriend's wages got garnished about 4years ago, acs received the payments but never gave it to my college, been battling this since. Now they want to collect on the money again...help
Bills.com
March 06, 2012
I assume your friend was a co-signer on your student loan, which would explain why your friend had her wages garnished for your student loan debt. Evidence is your friend. Gather all of the documents you can find to show when the garnishment started, ended, and how much ACS removed from your friend's wages. Your friend's employer will have records of this action, too. Then take all of those documents to a lawyer who has experience in civil law, and ask him or her to fire off a pointed letter to ACS and the college explaining that you will file a lawsuit if the college makes another attempt to collect a debt previously paid.
Carly R.
Naugatuck, CT  |  March 03, 2012
we have been paying min. payments on my boyfriends student loan and they took 2500 out of 2800 of our tax return. 1000 of that was from having a child last year and we are devestated they would take that. Is there a way we can get a majority of it back? i have to say we need that money.
Bills.com
March 03, 2012
I think it is too late to get the funds back, but I can't give you tax advice. Only a tax professional can properly give tax advice.

It sounds like he filed a return claiming the child that the two of you have. Perhaps if you filed and had claimed the child you would have benefited, as you would not be subject to his garnishment order. Maybe you did not do this because you did not work? I recommend that you speak with a tax professional, to get an authoritative answer.
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Frank B.
T/o Genesco, NY  |  March 04, 2012
Call the department of education and see about filing an injured spouse form. If you were not working this year and all of the return is from his earnings then I do not think this will help. Otherwise I believe you may be able to file an injured spouse form, prove the portion of the return that would have been yours and you may be able to get it back. Also what do you mean by he is making minimum payments? Is he in a rehabilitation program? I would also ask the department of ed about Consolidation and Rehabilitation and see what is best options are. Losing your taxes is expensive because I believe it pays penalties.
G S.
Winchester, CT  |  February 29, 2012
My student loan was in default. I arranged automatic scheduled payments with the lender for 9 months. After the 9 months they would then submit my loan out of default to another lender. I have the documentation. This month would have been my last payment. They canceled my automatic payments without notification. Upon calling them they claim they needed additional personal information that they sent to me that I did not return it so therefore canceled my payment arrangements. I will now have to enter the default program again with an additional $2,000 in interest fees. I feel I have been scammed. They cancel my automatic payments 1 month before I complete the program? The payments were not canceled by me or my bank they were canceled on their end. What can I do?
Bills.com
March 01, 2012
The first step I would take is to contact the lender again, asking to speak with a supervisor. Explain again what happened. Work your way up the food-chain, if necessary. If you make no progress, you may need the assistance of an attorney, to get results.
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Frank Ashley B.
March 04, 2012
An attorney is not going to do much for you unless you can find one that is willing to get on the phone right away. if you have made your last payment in the last 45 days I would call the lender, not the creditor and see if they can fax a rehab letter to you and have you make a payment ASAP to complete the program. I have seen alot of folks have your issue. Also check into consolidation with direct loans if the rehab program is not going to go through. There are different benefits to each program so you will want to weigh your options. Do not waste any time and good luck.
Pablo J.
Tampa, FL  |  February 22, 2012
I'm default on a private student loan. Can they garnish my tax refund this year? The private student loan is already with a collection agency. Thank You
Bills.com
February 22, 2012
Your tax refund will not be grabbed due to a debt on a private student loan. If you have a federal student loan that is in default, then your tax refund is at risk.
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Pablo J.
Tampa, FL  |  February 23, 2012
Thank You for the information.
M M.
Elmhurst, NY  |  February 22, 2012
Can they take my tax refund if they're already garnishing my check every week? And I paid half of my student loan already?
Bills.com
February 22, 2012
Yes; if the Dept. of Education is garnishing your wages, your tax refund can be taken in a process the federal government calls "offset." If you can, try to adjust your withholding, so you would not end up with much of refund. You don't want to stop your withholding and end up with an IRS debt, but have only enough withheld to cover your taxes or end up with a small refund. Of course, if you have less withheld, a portion of the extra money will go away in the garnishment.

If your wages are garnished by a private student lender, the answer to your question is, "No, a private student lender may not garnish an income tax refund."
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