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Garnishment/Rehab/Consolidation options

Date: Tue, 09/09/2008 - 11:41

Submitted by ilovepool28
on Tue, 09/09/2008 - 11:41

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Total Replies: 4

Garnishment/Rehab/Consolidation options


In August, I received a letter (sent to my current address-- not forwarded) from a company I had never heard of saying that I had student loans I had never paid on. I called the company and let them know that I did have two sets of student loans, but both were being paid on. Before I could ask questions, he asked me my current information (address, phone, work info.)The guy was nasty and accused me of making up addresses and phone numbers (he had old ones of each in his file). Eventually, I figured it was a scam and hung up on the guy.

After I hung up, I carefully read the information in the letter. One of the pages was a request for review. One of the paragraphs on the request for review page said, "IMPORTANT: You should request and review copies of the records evidencing your loan before you complete this statement. See the Notice of Proposed Treasury Offset for instructions on how to request these records." I followed those instructions and sent my written request for the records, given that I thought the information was inaccurate and I was already paying on the loans in question. I sent the request for information well within the required timeframe. To date, I have not gotten a reply.

In the meantime, I found the website that has all of the information about my loans and discovered that due to a combination of extreme disorganization on my part and frequent moves, I did in fact have two loans that weren't part of either of the loans I was paying on. The next day, my employer showed me the paperwork indicating my wages were about to be garnished.

I applied for a consolidation loan, which is in "cert status" at this time. Am I even eligible for one? The CA rep I spoke to today (different guy than the one who said I was a liar) said I "probably wouldn't be eligible" for consolidation since it's reached the AWG status. Is he right? I asked if I could rehab the loan, and he said if I paid an additional $75 a month for 11 months on top of the garnishment, they would stop the garnishment. Someone else at my work had a garnishment (on which they had already made a few payments via the garnishment), and when she called her CA, they suspended the garnishment while she did the rehab-- she's not doing both. When I mentioned this, my CA said it was definitely both.

If I am not eligible for a consolidation because of the AWG, do I have any rights given the fact that I requested the information in a timely fashion? I want to do what is right, but I am already paying $231 a month in loans and the garnishment will add about $300 a month to that. If I need to, I will pay the $75 on top of the $300, but I would really like to avoid that if possible. Thanks for any help anyone can give!


Your request for information was in regards to your treasury offset, not your garnishment so that is not applicable.

No you are not eligible for consolidation once your loan has entered into garnishment.

One the rehab...the regs are that once a garnishment has started, in order to rehab you must pay over and above the garnishment amount. I have heard of garnishments being suspended but that is against the regulations.

I am afraid that you hanging up on the collector in August is what started the whole process. If you had asked him more questions or investigated it a little bit further, you probably could have avoided this whole mess.


lrhall41

Submitted by SOAPLADY on Tue, 09/09/2008 - 13:02

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Thanks for the quick reply. You gave me the information I needed to make a sound decision. Alas, I'm sure you're right about hanging up. I would have sworn on a stack of Bibles that I was in repayment of all of my student loans. I truly thought it was a scam. Only 11 more months and I'll be out of this particular h*ll...


lrhall41

Submitted by ilovepool28 on Tue, 09/09/2008 - 14:00

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i have a student loan that is in a garnishment stage and has been since march of 2008 to this point they have garnished 3500.00 from me the total amount that i owed in march was 9000.00 my question is when will it get to a point where i can refinance the leftover amount at a more managable payment than 485.00 per month im on the verge of bankruptcy what are my options? any help would be greatly appreciated at this point!!!


lrhall41

Submitted by anonymous on Tue, 11/04/2008 - 17:29

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The garnishment will continue until it is paid off unless you rehab it. Just from a rough estimates of amounts, rehab will probably not be an option since between the rehab payment and the garnishment, you probably wont have enough of a balance left to rehab.

BK is not an option as student loans are non dischargable in bk.


lrhall41

Submitted by SOAPLADY on Tue, 11/04/2008 - 19:36

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