student loan collections

NO!! Absolutely NOT!!!! A defaulted student loan, whether in collections or nor, can only be garneshed 15%.This is a federal law, not state to state. Trust me on this one...

I keep reading that if I think a collection agency is using unfair practices (this one has lied to me about the amount they can garnish my wages and told me they will factor the child support I recieve into my incom for the purposes of garnishment) I should submit the complaint in writing. But to whom do I submit the complaint? where do I send the complaint? will anything be done to them? when I was on the phone witht them, I felt so panicked as they explained they could take $800 a month and there was nothing I could do unless I was willing to make a payment with them that day as a guaratee to my intent to pay.

You can complain to the attorney general.

And you know what? It's your HR department that determines the amount of the garnishment. The creditor files for the judgement, the writ is sent to payroll, and payroll does the math. You will only be garnished 15%. Federal law. Definitely complain about these guys.

By the way..Is this by any chance Van Ru? I had a little tangle with them myself a few years back, and I know of other people who have too.

it is Premiere Credit of North America. The funny thing is that I know I screwed up and I know I need to pay them back but after having them lie to me my first impulse is to make them work for every cent they get from me. I won't be that way, and will try to work with them, but I feel duped and not willing to try very hard to work with them.....

15% garnishment for student loans, end of story. I know, I used to collect defaulted student loans. Any more questions you have about your defaulted student loan, feel free to direct them to me!

Like Treasury Offset (TOP), Federal Salary Offset, and litigation, is a tool of last resort used by the U.S. Department of Education (ED) to recover defaulted student loans. Thirty days prior to the issuance of the Order of Withholding, a notice is sent to the borrower advising of ED?s intent to garnish wages, and of their rights and appeal procedures.

The Borrower's Rights and Responsibilities

The borrower has the right to:

Be sent a notice 30 days prior to ED ordering wage garnishment that explains ED's intention to garnish, the nature and amount of the debt, an opportunity to inspect and copy records relating to the debt, object to garnishment to collect the debt, and avoid garnishment by voluntary repayment;
An opportunity to enter into a written agreement under terms agreeable to ED to establish a voluntary repayment agreement;
An opportunity for a hearing to present and obtain a ruling on any objection by the borrower to the existence, amount, or enforceability of the debt;
An opportunity for a hearing to present and obtain a ruling on any objection that garnishment of 10% of the borrower's disposable pay would produce an extreme financial hardship;
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;
Having garnishment action withheld by filing a timely request for a hearing, until the hearing is completed and a decision issued;
Not to be discharged from employment, refused employment, or subject to disciplinary action due to the garnishment, and to seek redress in federal or state court if such action occurs; and
Not to have any information provided to the employer but what is necessary for the employer to comply with the withholding order.
To avoid garnishment of 10% of disposable pay, the borrower must:

Negotiate repayment terms acceptable to ED or the Private Collection Agency (PCA) and ensure that ED receives the first payment by the response deadline date on the garnishment notice, which is 30 days from the date the garnishment notice was sent;
Make a hearing request in writing postmarked no later than the deadline on the garnishment notice;
If requesting copies of documents, make a request for a hearing, because requesting document(s) does not delay a garnishment order;
Provide proof to support any objection made to the existence, amount, or enforceability of the debt, or a claim of legal exclusion or financial hardship;
Pay any expenses he or she incurs to obtain legal representation and to attend an in-person hearing; (All in-person hearings are held at one of the three regional offices: Atlanta, Chicago, or San Francisco. The borrower is responsible for the cost of attending and those of any witnesses to attend on their behalf.) and,
Initiate any legal action against his or her employer if the employer discharges, refuses to hire, or takes disciplinary action against the borrower based on the garnishment action.