Needing assistance - Nebraska Student Loan Program
Date: Sat, 07/14/2007 - 16:28
Needing assistance - Nebraska Student Loan Program
I'm just curious if there is any way to postpone the withholding or prevent it for the time being.
More details/questions:
1) The amount is for slightly over $5,000 and I reside in the state of Arkansas.
2) The debtor address (my address) that is listed on the paperwork is an address that I've never resided at and in a state that I've not resided in since February 1998. Would this be a reason why I've not received any thing in the mail prior to this? If so, don't they have to give me ample time to dispute the debt (which I do dispute - I only owe half of it, in my opinion) and/or work out a payment plan without involving my employer?
3) I did receive a phone call from them (on my cell phone, no less) 2-3 months ago and the guy was a complete ass and I thought it was totally bogus when he said he was representing the government and wanted my money. Thus I was ass to him back (which means I just laughed at him but didn't use profane language at all) and he hung up on me.
4) Can they do this without a court order? I actually work for a law firm, but not as an attorney obviously, and I'm not so sure this is legit without a court order even though there is included copies of laws, etc., that make it 'seem' legit.
5) I'll be coming into some money in 2-3 weeks and can easily pay this off. What are the odds of them allowing me to pay it off in one payment at that point and/or giving me a settlement amount? If they can give me a settlement amount, what percentage of the total amount is likely and do I have any leverage at all?
Any information would be very helpful.
Thanks
Administrative wage garnishment is authorized by congress and it
Administrative wage garnishment is authorized by congress and it totally legal. Since your employer has received the withholding order, they must comply or they are held legally liable for the debt. Even though you are coming into money, the withholding order cannot be cancelled until A) you appeal, have a hearing and are granted alterntive arrangements (however since you did not respond to the original 30 day notice, your appeal would be considered untimely and could take 60-90 days, during which time the garnishment does not stop; or B)the account is paid in full.
Since they have you under a garnishment order, they may not authorize a settlement...you would have to talk to them.
The debtor address issue...it is the borrowers responsiblity to keep the lender/servicer informed of all contact information. Failure to do so is not grounds for stopping a garnishment.
Your balance...keep in mind your interest has been capitalized plus you have been charged collection fees of up to 24%. You can dispute it but it won't stop the garnishment. They can instantly pull your history if you call and ask.
SOAPLADY - I greatly appreciate the response, even if it wasn't
SOAPLADY - I greatly appreciate the response, even if it wasn't what I had hoped.
On the address issue, I received this loan about 3 years ago and have had an Arkansas address for the last 10 years. I've not received anything in the mail nor any sort of 30-day notice whatsoever. It certainly wasn't by certified mail, I can guarantee that.
And I was never even given a chance to dispute this. When I stopped attending school, my loan balance was $2,500, give or take a bit. Now it's doubled for some reason. Makes no sense to me.
You say you have had an Arkansas address but did you provide the
You say you have had an Arkansas address but did you provide them with your current mailing address?? It really sounds like they were using your credit report to skiptrace you down....common and legal practice.
Your loan became due 6 months after you seperated from school. Between late fees which usually run $30/month, accrued and capitalized interest plus collection costs it is very easy for a balance to jump that high that quick.
When the CA called you 2-3 months ago, did they mention wage garnishment?? By my calculation, they almost immediately forwarded you to garnishment unit. Between your credit report and IRS information provided via the DOE and the Nebraska Student Loan program, they would have pulled your POE, verfied it and immediately started sending out 30 day notices.
Again, thanks greatly for your response. While I did live in
Again, thanks greatly for your response.
While I did live in the town in Louisiana that is listed, I lived nowhere near the address they have. And I've not lived in Louisiana since February 1998.
The loan mentioned above is from a time I took some classes online back in 2003, when I lived in Arkansas. Any form I filled out, I would have used an Arkansas address and I know I did.
When I was called a few months back, yes, they mentioned wage garnishment, but I honestly didn't think they were a legitimate organization in the first place. I mean, they named a company and said they represented the US Government and they wanted $5,000+ from me. Heck yeah I was leery and thought they were bogus. In my experience, any time you deal with the government, you deal with them and not some 3rd party company.
Again, I've not received any letters, certified letters, reminders or phone calls other than the one mentioned above. I just don't feel that's fair at all to just all of a sudden start garnishing my wages. They should use the address I used to fill out the original paperwork and give me ample notice to take care of this. Absolutely ridiculous in my opinion...
Unfortunately when they called, you should have followed up with
Unfortunately when they called, you should have followed up with your lender or the Nebraska student loan program. Or at that time you should have asked for proof and double checked your address on file.
Not receiving mail is not a valid dispute. Are you still at the original address on the paperwork?? Massive amounts of billings, pre-default and default paperwork, not to mention the collection letters would have been sent to the address on your file. If you were not at the address, they would have attempted to skip trace you thru your relatives. Also if the original address is a family address and they called there asking for you and they were told that you didnt live there, they would start searching out new addresses. It might not seem fair, but is was your responsibilty to either pay or your loans when they came due or file necessary papers to defer or forebear. Hindsight is 20/20.