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garnishment dispute

Date: Thu, 03/05/2009 - 20:32

Submitted by anonymous
on Thu, 03/05/2009 - 20:32

Posts: 202330 Credits: [Donate]

Total Replies: 6

garnishment dispute


upon reviewing this w w w.ed.gov/offices/OSFAP/DCS/awg.html

i discovered this line in reference to proposed garnishment and validity of claim

"Unpaid Refunds owed by the school attended by the borrower with the loan proceeds."

in 2002 the university i attended lost a appeals court ruling dealing with illegally charging over 100,000 students tuition.
the amount I was over-billed was in the thousands yet I will never see a remedy from the school for this amount. my question is this according to that line could i dispute a proposed garnishment of my wages?


let me clarify what i was reading

f) The loan may be subject to discharge in whole or in part due to:

1. Closure of the School attended by the borrower with the loan proceeds
2. Ability to Benefit falsely certified by the school that approved the loan.
3. Unauthorized Signature or Forgery of the borrower?s name on the promissory note or disbursement checks.
4. Public Service Cancellation (Perkins loans only)
5. Unpaid Refunds owed by the school attended by the borrower with the loan proceeds.
6. Death or permanent and total disability of the borrower.


lrhall41

Submitted by anonymous on Thu, 03/05/2009 - 20:47

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The school owing you a refund due to overcharged tuition?

We had cases like this before....what we were told was that if the loans would have covered the correct tuiution balance, then the refund dispute wont fly. In other words, if they had charged you the correct tuition, would you have gotten a refund? If the correct tuition was $10,00 and your financial aid was $5000, you would not have received anything back.


lrhall41

Submitted by SOAPLADY on Thu, 03/05/2009 - 20:51

( Posts: 17315 | Credits: )


Were you entitled to zero tuition? Or were you granted loans based on a published tuition rate?

Usually court cases and decision have no bearing on financial aid contracts. To even attempt this dispute, you will need to send in all the court docs and background materials. It is a sticky one.


lrhall41

Submitted by SOAPLADY on Thu, 03/05/2009 - 21:08

( Posts: 17315 | Credits: )