Can a school garnish wages for past due and unpaid tuition?

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Can a school garnish wages for past due and unpaid tuition?

Asked on March 24, 2011 under Bankruptcy Law, Kansas

Answers:

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

Answered 10 years ago | Contributor

Any creditor can garnish for an unpaid debt.  However, they must first file a lawsuit in court.  If they win the case, a judgment will be granted.  Accordingly, a debtor may garnish a debtor's non-exempt assets - both real and personal.  Again, there are certain exceptions as to what property can and cannot be taken.  Without more detailed facts regarding your situation it's hard to advise further.  Perhaps now is the time to speak to directly to an attorney in your area about your options, if any.

Note:  Under federal law, there is a limit on the amount of an employee's earnings that can garnished, as well as protection for an employee from job if their wages are garnished for only 1 debt.  The maximum amount that may be garnished in any pay period for common wage garnishments (excludes those for child support, alimony, bankruptcy, or any state or federal tax), the may not exceed 25% of the employee's disposable earnings or by the amount by which an employee's disposable earnings are greater than 30 times the federal minimum wage.


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