Federal Student Loan Garnishment

[Anonymous]

My wife has a federal student loan she didn't pay for awhile.  Since last year there was a "Student Loan" garnishment on her paycheck.  Well we thought it was the state student loan that was taking it.  But today we find out it was the federal government.  I thought for a granishment it had to go through the court and an order had to be issued ot have the money garnished.  Can they just garnish it without any court orders?

[mystro9876]

There probably was a court date which was missed, and at that point, the judge automatically rules in favor of the plaintiff.

[Anonymous]

Nope no court date and I have search the county records and no indications of a judgement

[rhodgkiss]

This is exactly what happened to me! Yes they can get your paycheck garnished. Mine is through PHEAA. It will take me 3.3 yrs to pay it off. But at least it will be paid. I tried to send in my financials stating it was causing a harship. No success. So I just have to suck it up for awhile. Good advise here, pay the minimum required or defer..defer...defer.

[guiness56]

It is called an Administrative Wage Garnishment.  Yes it is legal but, you should have received some sort of written notification 30 days prior to the beginning of the garnishment.

They can also offset your Federal Income Tax return without notice. 

[Anonymous]

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@Anonymous wrote:

My wife has a federal student loan she didn't pay for awhile.  Since last year there was a "Student Loan" garnishment on her paycheck.  Well we thought it was the state student loan that was taking it.  But today we find out it was the federal government.  I thought for a granishment it had to go through the court and an order had to be issued ot have the money garnished.  Can they just garnish it without any court orders?

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It's nice to be the federal government where you can legally take and answer questions about it later. 

It is, unfortunately, legal.