Wage Garnishment

Date: Mon, 06/14/2010 - 16:11

Submitted by Malcolm
on Mon, 06/14/2010 - 16:11

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Total Replies: 2

Wage Garnishment

Hello Community!!!!!! Question: How can I get my company, Student loan administration at my prior school to stop student loan wage garnishment even though the laon has been paid through the courts? I need help ASAP. Detail Situation follows: My emploer is going to garnish my wages June 30th 2010. My student Loan was taken out in Chicago and I now live in Pittsburgh. My student loan was paid through my Chapter 13. I have successfuly completed my Chapter 13 plan. No one is getting back to me thus far. I put in a notice to Chapter 13 cleark of Courts. I have notified the Trustees office and given the a notice of Court concerning my situation. I notified the attorney that help me darw up my voluntary Chapter 13 plan. And I have spoken with one employee from the wage garnishment division that relaized after 45 minutes that my student loan was paid and recommended that I get the courts to send a of the front and back portions of the check and send it to him. Question: What can I immediately do to stop the garnishment, to have the order vacated? What can be donw ASAP for good and excellent results?

You need to talk to your bankruptcy attorney first to make sure

You need to talk to your bankruptcy attorney first to make sure that the loan was actually discharged in Bankruptcy first. I'm surprised that the court allowed that, student loans can't generally be discharged in Bankruptcy, whether Chapter 7 or 13. Was your loan through the government/school or was it a private loan?
In order to get the garnishment order vacated you need to go into court and give the judge some evidence that the loan was repaid. That's the only and fastest way to get a court order vacated. Your bankruptcy attorney may be able to help you or recommend someone who is more familiar with your state's laws.

lrhall41

Submitted by OVLG Attorney on Mon, 06/14/2010 - 23:52

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If this is a federal loan, anything remaining on the loan after

If this is a federal loan, anything remaining on the loan after the chapter 13 is discharged comes due in full with accrued interest. I believe the same holds true for private loans too. Nothing is discharged. Sounds more like administrative discharge, which doesnt require a court order.

lrhall41

Submitted by SOAPLADY on Tue, 06/15/2010 - 03:39

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