Can a debt collector demand my parents information, my pay stubs, harass me, and possibly call off a re-payment plan that we had worked out?

Question Details:

N.C.O. financial (company dealing w/ delinquent school loans) is in charge of my defaulted loan. I thought we had a repayment plan started. The paperwork they sent me "make this official" seems intrusive. I can't give them my parents address andphone number. Why do they need my pay stubs? They threatened to garnish wages, so they already have this info. I'm paying them all that I can. They call daily. They called me at work. Their solution to my problem is for me move to my parents house, cancel my phone, t.v, take a bus, and borrow money! Can they do this? How can I stop this? Bad credt= no good job. No way out.

Asked 11/18/2009 under Business | 372 View(s) | More Legal Topics

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Business Law Answers

Student loans are not dischargable in bankruptcy.  Therefore, the creditors may come after you for this debt for the rest of your life until it is paid in full.  if you do not have a home or a large bank account, then you can do as follows- do not buy a home as it will be liened and taken to repay the debts.  rent an apartment.  this way your property cannot be taken.  the credtor may only garnish your wages at best as you have no other assets that can be taken.  the creditor is only allowed to garnish a certain amount/% of your paycheck.  plus, you may then apply to the court to tryt to get the wage garnishment further reduced by showing that you do not have enough money to live on/eat.  the court will see tht you are employed and paying so it will likely want to help you, especially in these economic times.  As long as you have a job and rent, the creditor cannot get more than your wages - i.e. the creditor cannot take your car.  tell them you want to woprk out a payment plan and if they dont, then they will be collecting onloy a small percentage based on your income. 

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