Stundent Loan Default/wage garnishment.
Date: Sun, 01/25/2009 - 04:28
Stundent Loan Default/wage garnishment.
My problem is that I defaulted on my student loans and am now having my wages garnished. I also recieved a letter a while back that mentioned getting a tax off-set.
I do not have a letter from the CA telling me that my wages were going to be garnished. Though I threw much mail from them away, so this is not a claim that they did not send it. I have not had the chance to call the CA yet as it is a weekend, but I did call my payroll and they specified that the garnishment was going to be removed until a debt of $14k was paid. Which sounds about right.
My questions are as follows.
1) I recieved 1 garnishment from 1 check and 2 garnishments from the second check. I did have two loans and the amount of both of them combined was around $14k. I'm pretty sure they were the same kind of loan, with the same people.
Are they garnishing my check seperately for both loans? If they are will one of the garnishments go away when the smaller of the two loans has been paid or will they just keep up both garnishments until the total is paid?
2)Since I do not have the letter that they sent regarding my garnishment what is the easiest way to obtain the information about whom I am dealing with? Companies, phone numbers, adresses et al.
3)If I should seek rehab I understand that I have rights to "fair and reasonable payments". I also understand that depending on whom I dealing with they may be fairly strident and opinionated on what I should pay. Exactly what can I work with here? Are they required to make a deal with me regarding rehab? Am I completely subject to their whims? At this point I will have trouble figuring out how to live with the garnishments as they are, I do not know that I can come up with something else for rehab.
4)If I ask for a hearing for extreme hardship what kinds of things will help with that case? Is it just a rundown of my bills and my paycheck? If so do they take things like food, gas, and so on, into consideration?
5) If I make a case for ceasation of garnishment do to extreme hardship how long will it take for garnishment to cease? What is the next step from there with regards to paying the debt?
Thank you in advance.
1. If you loans originated with the same lender, your garnishme
1. If you loans originated with the same lender, your garnishment should be for the combined loans. You will have to ask.
2. Ask your payroll department for the phone number from the garnishment order. Writing wont get you far. Do you know who the guarantor was? Or look it up on NSLDS.
3. Generally in order to rehab while being garnished, you are required to make standard payments over and above the garnishment. It is not "fair and reasonable" payments....it is "reasonable and affordable" payments. Affordable to you, reasonable based on the loan balance. It may or may not apply due to the garnishment.
4. They will need a copy of paycheck and a run down of your monthly expenses. yes they do take food, gas, ultilities into consideration.
5. Some agencies are harder than others about stopping garnishments for people claiming extreme hardship. For a single person without depends, expect to be told to get a second job. If married, they will take the household income and expenses into account.
5. Appealing after a garnishment has started takes time. People who are requesting hearing during the 30 period take priority so your request is in the bottom of the basket per se. It could take 30 day....it could take up to 6 months. Hard to say....it depends on the work load of the agency and the amount of appeals being submitted.
I'll have to wait until tomorrow to call my Payroll. But I belie
I'll have to wait until tomorrow to call my Payroll. But I believe the guarantor to be Educational Credit Management Corporation(That sound right). At least that is who the paperwork for my tax offset is from. I remember also getting paperwork from Edfund before. I tried looking on NLDS but my pin was deactivated so I am now waiting for them to confirm my info for them to reactivate my pin.
Thanks for the correction on the affordable and reasonable thing.
If it should happen that I just get garnished for the entire amount, what kind of credit hit is that. Is it on par with Bankruptcy that I am basically a credit pariah for a number of years or what exactly?
I do have a wife(she's a homemaker and a dependent), and I'm already considering a second job.
Sounds like ECMC is the holder. http://www.ecmc.org/ Your wi
Sounds like ECMC is the holder. http://www.ecmc.org/
Your wife doesnt work? Unless you have a newborn, a wife with a career as a homemaker isnt going to cut it as a hardship. That is a personal choice.
Well she doesn't work because of mental illness. Though she does
Well she doesn't work because of mental illness. Though she doesn't receive disability so it might seem to be a choice for the hearing.
Just checked ECMC and it looks like they have me down for $1600.
Just checked ECMC and it looks like they have me down for $1600. So it's evidently coming from more than 1 source.
Then you probably wanna check with Edfund in rancho cordova cali
Then you probably wanna check with Edfund in rancho cordova california
Yup that was the rest of it. Several loans with Edfund totaling
Yup that was the rest of it. Several loans with Edfund totaling around $12k.
does that mean that I will have to work out separate deals with each one? Also now that I am already amidst garnishment does that mean I'm too late for loan consolidation?
Thank you for showing me the direction as far as locating the people I'm dealing with. It seems obvious to just go look at their sites and plug in your info, but for some reason I didn't arrive on that course of action on my own.
Edfund would be a totally seperate lender with seperate payment
Edfund would be a totally seperate lender with seperate payment plans.