If I am receiving food stamps, do I qualify for exemption from garnishment?

I have a student loan that went unpaid for several years. Now it has gone to collections and my paycheck is being garnished. If I am receiving food stamps do I qualify for exemption?

Asked on July 13, 2012 under Bankruptcy Law, Minnesota

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Typically, exempt income is income coming from SS or SSI, etc. So. based on the limited facts presented, you appear not to be exempt from garnishement. However, you can check to make sure that the amount of the garnishment does not exceed the laws of your state. You can go to your state's department of labor for more informtion on this or google your state's name and the word "garnishment". You should then be able to find out what you need to know.

If you sufffer from some sort of disability or the like, such that repayment of your loan represents an undue hardship, you may be able to be relieved from repayment, get the amount owed reduced or have the repayment schedule modified down. You should contact your lender for more information or google "student loans" and "undue hardship".


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.