garnishment

Private or federal loans?

If federal, did you not receive and respond to the 30 day intent to garnish notification letter that would have been sent? More than likely you will not be able to get it stopped...maybe reduced if you can prove financial hardship. Other than that, you would need to make 9 payments over and above the garnish to rehab the account to get out of default.

If private...well that is done under court order. You would need to petition the courts.

There is something known as "Claim of Exception" issued by the government which has the possibility to reverse garnishment.There can be another way to stop garnishment for student loan by paying off the garnishment charges in full.You should also be very careful to keep all the documentation regarding garnishment.

Rebecca...student loans follow a completely different set of rules. No court order is required as admin wage garnishment is authorized by congress. You can appeal the garnishment under undue hardship. Claim of exemption from googling it is a civil court proceding...student loans are federally mandated.

It's federal loans, I didn't get a 30 day notice about wages, actually I had an agreement to start paying $127 & that payday was the 1st check to be garnished. Do you know if I make any payment above my garnishment (even $5 more) for 9 months, will it stop the garnishing? I did look into claim of exemption & I was told that because they did not need a court order to garnish, I have no claim to do exemption.

You need to stop opening up new threads and duplicate posting the same information....it just gets too confusing.

No you cannot just send in $5 per month on top of the rehab. I know I already answered this once....minimum payment on any rehab even on top of a garnishment is $50 per month and the payment must be agreed upon by both parties.

Have you talked to your payroll to have them correct the garnishment?

Read what I have posted....neither Rebecca or OVLG attorney know squat about student loans.

SOAPLADY,
I'm not trying to confuse, just trying to figure out how this works & try to get some answers. So far I've recvd lots of info but nothing that has helped my situation. From what I understand so far, nothing that I do will change the garnishment & it will be in place until the debt is paid in full. I have talked to my payroll several times, who insist that they are taking out the correct amount & that amount is what Allied TOLD them to take out in the paperwork my employers payroll dept recvd. My payroll dept agrees that the amount is over 15% of disposable but stated that they have to "by law" take out what Allied tells them or they (my employer) will be held responsible to pay my debt. She (payroll lady, I'll call her "B") even forwarded my emails & voice mails to the company attorney who also told me the same info. B told me that they are allowed to take up to 25% of my income if that is what the collection company requested & today I got another paystub showing another $275 taken out, the last check was $290 (rounding the change). Seems my only option is to deal with it & adjust or change jobs. You appear to really know your stuff & I am grateful for the info but if I want to get beat up with no help I'll just call Allied again. I do appreciate the efforts from all replys. Thank you.

I can tell you that your payroll is handing you a pile of BS. I used to send out the garnishment paperwork for my company and we never did calculations for them....we simply told them the percentage.

Contact the student loan ombudsman...they can get it fixed.

What if I started the loan consolidation process before I received a garnishment notice but the process is not complete yet?

If the garnishment starts before the loan is consolidated, you are SOL.