How do I get a wage garnishment for an old financial aid/education loan released or at least reduced?
Question Details:
State of California Dept of Education has sent a "letter to comply" to my employer to garnish my wages by 15% each paycheck. The original financial aid loan is from 1995 but I was only notified 5 months ago. I have tried for to appeal and did everything they recommended ; I sent them all my financial statements and payroll documents. They clearly show that I cannot afford to keep a roof over my head if they take money out of my check. I will be forced out on the streets if I can't pay rent. They sent me a letter last week stating they have denied my appeal andnotified my employer. Is there anything else that I can do?
Employment and Labor Law Answers
Student loans are non-dischargable in bankruptcy. therefore, the student loan companies may sue and obtain money judgments for the balance of the money owed. among the things they are permited to do is garnish wages. while the company is permitted to get 15% of the wages, you have the right to make an applicatio to the court to reduce the wage garnishment. the way to do this is to print out your checking account statement for the past 6 months and show all your assets and liabilities on a financial affidavit showing that you cannot afford the 15% beinbg taken from your pay. the court has the authority to reduce the wage garnishment. i suggest that you hire a lawyer to help you put this information together and argue the wage garnishment modification. most lawyers will meet with you for free to discuss this.
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