- 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.
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.
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.
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.
Emmett, MI | May 21, 2012
May 21, 2012
New York, NY | March 19, 2012
March 20, 2012
- Contact the DOE Ombudsman.
- 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.
- Speak with an attorney.
New York, NY | March 20, 2012
Boca Raton, FL | April 02, 2012
April 03, 2012
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.
Seattle, WA | April 13, 2012
Boca Raton, FL | April 17, 2012
April 17, 2012
Boca Raton, FL | April 17, 2012
April 19, 2012
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.
Lincoln, NE | March 10, 2012
March 10, 2012
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.
Philadelphia, PA | March 09, 2012
March 09, 2012
Dallas, TX | March 08, 2012
March 10, 2012
T/o Genesco, NY | March 11, 2012
March 11, 2012
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.
Seattle, WA | March 06, 2012
March 06, 2012
Naugatuck, CT | March 03, 2012
March 03, 2012
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.
T/o Genesco, NY | March 04, 2012
Winchester, CT | February 29, 2012
March 01, 2012
March 04, 2012
Tampa, FL | February 22, 2012
February 22, 2012
Tampa, FL | February 23, 2012
Elmhurst, NY | February 22, 2012
February 22, 2012
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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