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I have an outstanding student loan from a private lender in the amount of $14k. The lender has a credit agency collecting on the debt for them. Becasue I have not paid the credit agency in some time the lender has issued a wage garnishment to my employer that will take effect in a week.
I spole with the credit agency and they said that in order for me to pay them off I must pay $17k. They will take $11k if I do a settlement over 3 payments.
If I do not do agree to pay the CA then the original lender will begin garnishing and I will not have the ability to work with the CA on anything.
I am trying to rebuld my credit.
My question is:
Should I take the settlement for $11k or allow the original lender to garnish and pay them in full the $14k that way. Is is poissible to pay extra money on top of the garnishment to make it look good on my credit report.
The original laon was for $50k and I would hate to have a bad mark for only saving $3k on that whole amount.
Which is worse. A settlement or a garnishment?
@mrwalters wrote:I have an outstanding student loan from a private lender in the amount of $14k. The lender has a credit agency collecting on the debt for them. Becasue I have not paid the credit agency in some time the lender has issued a wage garnishment to my employer that will take effect in a week.
I spole with the credit agency and they said that in order for me to pay them off I must pay $17k. They will take $11k if I do a settlement over 3 payments.
If I do not do agree to pay the CA then the original lender will begin garnishing and I will not have the ability to work with the CA on anything.
I am trying to rebuld my credit.
My question is:
Should I take the settlement for $11k or allow the original lender to garnish and pay them in full the $14k that way. Is is poissible to pay extra money on top of the garnishment to make it look good on my credit report.
The original laon was for $50k and I would hate to have a bad mark for only saving $3k on that whole amount.
Which is worse. A settlement or a garnishment?
So you were sued and a judgment was issued in favour of the lender? There is no way that a private lender can garnish anything from you unless there has been a lawsuit and a corresponding judgment.
The debt collector's agreement to a settlement is almost certainly with approval of the OC.
If you pay the debt to the debt collector per a settlement agreement offered by them, and it is clear that it represents satisfaction of the entire debt, it will cost you less money overall, and more importantly, obtain earlier satisfaction of the debt. Both the creditor and the debt collector will then be required to update their reporting to $0 balance.
You could, as part of your settlement negotiations also request the debt collector to delete their collection, and if they wont agree to deletion, at least agree not to report that the debt was paid for less than the full amount, thus making it appear in your credit report the same as if it had been paid in full.
There thus appears to still be some negotiation room with the debt collector that you might wish to pursue.
The garnishment will string out the payments, and thus if paying the settlement would be a burden, then the garnishment might be preferable.
If the OC begins garnishment, they are doing their own collecting, and would most likely terminate their collection agreement with the debt collector.
CRA reporting guidelines instruct debt collectors to delete their reported collection if they no longer have collection authority and the debt remains unsatisfied, so taking the garnishment path could result in deletion of the collection.
You still have options.....
@mrwalters wrote:
I'm not sure. It's Alaska state student loan so I don't believe they have to sue to garnish.
What is the better option for credit repair. Garnishment and pay in full or settlement and pay 75%
Ok, I assumed the loans were privately backed, not federal or state. Not sure but I'm assuming that state might be similar to federal.
In terms of credit repair, much of the FICO score damage has already been done, assuming that there's a collection showing on your reports.
However if you do agree to pay less than the full amount there could be a FICO hit for the "paid less than agreed" remarks.
Once the OC assumes collection on the debt and terminates collection authority to their debt collector, you should at least have basis for getting the collection deleted.
All is based on the assumption that the creditor has a legitimate judgment and has also obtained a writ for garnishment.
Were you not advised of the action requesting garnishment, and attend that proceeding?
If their are any legal issues relating to either court action, I would consult an attorney. If not, the creditor now has the court behind their action, and need to concede to less.