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Defaulted student loan garnishment

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Community Leader
Senior Contributor

Defaulted student loan garnishment

I don't even know where to start and I don't have much information so please bare with me.

 

My son went and took classes online at the Art institute ( I warned him bad idea) anyway he only took classes for 2 semesters I believe, this was 9 years ago. There appeared to be some clause about owing the full amount whether he completed or not but that seems ridiculous,  not sure how to find out.

 

He hasn't paid anything not even sure how long they have been trying to get their money. He hasn't filed taxes for awhile either, I know another mess, but he filed this year they took all refund and now suddenly started garnishing.  I guess this triggered it?

 

He works and makes 10.00 an hour, barely scraping by. I am not sure what if anything he can do? I can even find any information on who is garnishing , never got any paperwork .

 

Just don't know where to begin, I want to help him if I can figure this out. He has ALOT of issues (bipolar and not on meds, has done drugs and just has so many issues) We want to help him but I know our limits in regards to enabling him . I am just trying to get info to give him so he can figure this out.

 

I appreciate any insight and although I don't have much info would like any info.

 

Thank you

EXP 753 TU 781 EQ 733
Message 1 of 16
15 REPLIES 15
Frequent Contributor

Re: Defaulted student loan garnishment

It very well could be the IRS garnishing.

Doesn’t his employer need to inform him of any garnishments to his wages? They haven’t provided him with any info?
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Message 2 of 16
Community Leader
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Re: Defaulted student loan garnishment


@CreditSweeper wrote:
It very well could be the IRS garnishing.

Doesn’t his employer need to inform him of any garnishments to his wages? They haven’t provided him with any info?

Not sure, he said it states on his check department of education, I will ask him if they informed him but I doubt it he was completely caught off guard with his paycheck.

EXP 753 TU 781 EQ 733
Message 3 of 16
Frequent Contributor

Re: Defaulted student loan garnishment

Maybe try local court records? I’d think they would need a judgement against him to garnish? IIRC the IRS doesn’t need a judgement to garnish (but I could be wrong), that’s why I suggested that. Sounds like it’s not the IRS though.
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Message 4 of 16
Community Leader
Senior Contributor

Re: Defaulted student loan garnishment


@CreditSweeper wrote:
Maybe try local court records? I’d think they would need a judgement against him to garnish? IIRC the IRS doesn’t need a judgement to garnish (but I could be wrong), that’s why I suggested that. Sounds like it’s not the IRS though.

Thanks I checked the local courthouse, no judgements? 

EXP 753 TU 781 EQ 733
Message 5 of 16
Valued Contributor

Re: Defaulted student loan garnishment

I'm sorry to hear that your son and your family is in such a position. I really feel for you. However, he's not in as bad a position with the loans as you might think. 

My first thought that crosses my mind is loan discharge depending on where he went to school online and the circumstances surrounding his enrollment. If he was bi-polar and off his meds at the time, there might be something there. I don't know too much about loan discharge on this topic. I'll help you however I can. The second possibility is to attach it from there other end. Try to get him listed as disabled. Disabled people can still work without penalty. I'm not sure what would be needed to get the loan forgiven this way but I do know that is another possibility with student loans. 

Putting that aside, you can get him current now. They do not need a judgement. His loans are probably in default. Federal loans are different. They can garnish his wages, take his tax refund... Eventually they will take from his social security check. These loans never just go away. There are a few other recent posts I've given detailed answers how to get out of it. Basically the government gives you one opportunity to get your loans out of default. There is rehabbing and consultation. Rehabbing are more payments, approx 9 I think, but when he's done it will remove it from his credit report. I would start by contacting the collection agency that is handling his loans. The name should be on the paperwork that was sent to your son. If not, no worries. 

First step, go to the student loan government website. He needs to update his contact information. Second, go to the National Student Loan Database, NSLDS, government site which will list his loans. There should only be loans for the periods he was in school. The rest can be discharged later as the school was supposed to return them. This website usually lists the most current servicer or in his case collection agency. If not, just contact Dept of Education to find out. Save this information. You'll want to make sure it pretty much matches the collection agency stuff, including that they are not collecting on paid off loans. 

Contact the collection agency and get copies of all the paperwork you can. The ones I've talked to and read about are really shifty. Their only goal is to make money, don't expect the whole truth from them. Tell them you want to rehab the loans (or consolidate). This decision can't be taken back once you finish and off it defaults again, the loans stay there. You must complete all the payments on time. The payments can be adjusted to his financial situation, as most people cannot afford the standard payments anyway. They will need his financial information, income, bills etc. They don't need your credit report. 

Once you set up rehab and make the payment, the garnishment will stop. He's probably not supposed to be garnished very much, if anything anyway because he's minimum wage, but that's irrelevant. 

When you're done with rehab, a loan servicer will pick up the loans. Continue to make payments as directed until then. You'll need to have him pick a payment plan. Now here is where most people don't know about income-driven repayment plans. Payments can be as low as $0. IBR or REPAYE would probably be the lowest for him. He does have to remember to certify annually. It's easy, application takes about 10 minutes. I can give you more details.  

Any questions? I'll look up the discharge information in case it interests you. Let me know if you'd like links to the websites and information above.




Message 6 of 16
Community Leader
Senior Contributor

Re: Defaulted student loan garnishment

My goodness thank so very much!!!!!

 

Yes if you could give me the links I can get him started. Thanks again for all the valuable information,  I aprreciate it so much.

EXP 753 TU 781 EQ 733
Message 7 of 16
Community Leader
Senior Contributor

Re: Defaulted student loan garnishment

Also nothing in on any of his credit reports?
EXP 753 TU 781 EQ 733
Message 8 of 16
Valued Contributor

Re: Defaulted student loan garnishment

9 years ago, they probably aged off for now. When you finish rehab they'll go on there under the new servicer. The tradelines will date back to the original loan date (unless you consolidate, then one, new loan at 100% util). It will likely help his credit score, the rehab and having a few aged tradelines. $0 payments will mean two payments a month that will be positive towards his score with no effort. 

 

www.studentaid.ed.gov

* Update contact information

* How to repay your loans => Understanding delinquency and default

* Getting out of default (rehabbing vs consolidation)

* Repayment plans (standard, graduated, extended, IDR which includes IBR, REPAYE, PAYE, ICR, etc)

   - loan forgiveness options with payment plans

 

Studentloans.gov

* Loan Repayment estimator, post-rehab (difference in plans, how many years, etc. Ignore the range, it automatically take into account annual raises.... What are those?

* General loan details

 

NSLDS.ed.gov

* Detailed student loan information, including status & current servicer or collection agency

 

Several of those websites you will need to sign in. If you don't have his sign in information, don't try to guess. You'll get locked out. 

 

When you do the paperwork with the collection agency you'll have to provide proof of income and proof of many expenses. Best way is to fax them. Personally I would do this firstb before I finished the taxes because if he happened to get a refund it would be taken. 

I'll get back to you on the discharge and disability stuff. What online school did he go to?

 

 




Message 9 of 16
Community Leader
Senior Contributor

Re: Defaulted student loan garnishment

Thank you so much for your time and help.
He was enrolled in The Art institues online program.

I am going to give him this info and let him start the process
EXP 753 TU 781 EQ 733
Message 10 of 16
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