Can a collector garnish my wages because a student loan?

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Can a collector garnish my wages because a student loan?

They’re already garnishing my tax refund. I just receive a letter from the collector but there has been no tribunal process.Can I file for bankruptcy?

Asked on January 30, 2013 under Bankruptcy Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes they can garnish your wages if the tax return does not satisfy the debt.  And it is very difficult to discharge a student loan in bankruptcy.  You generally have to show "undue hardship" in order to do so.  Please speak with an attorney in your area.  Good luck.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country if there is a judgment against you for a monetary amount, the judgment creditor can garnish your wages or levy upon your bank account. As to filing a bankruptcy petition to discharge a student loan, I suggest that you consult with a bankruptcy attorney in that student loans ordinarily are not exempt from being able to be discharged in a bankruptcy proceeding.


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