If I am trying to make payments, can I still be sued and have wages garnished?

UPDATED: Sep 16, 2011

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If I am trying to make payments, can I still be sued and have wages garnished?

I have a student loan that has went to a collection agency. I attempted to contact them to set up a payment plan and was told that what I could afford to pay them was inadequate and that I needed to pay more than I can afford each month. They also informed me that even though I will be making payments, they will still make a full attempt to collect the money in full. Is there anything I can do about this because I am trying to repay?

Asked on September 16, 2011 under Bankruptcy Law, West Virginia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The only way you can stop any attempts to collect is to enter into a written and signed agreement with the collection company where you agree to pay so much per month for so long and in return, the collection company will agree to stop the collection process so long as you continue to make your agreed upon payments in a timely manner.

The good thing that you have written is that the collection company has not filed a lawsuit against you for the claimed amount owed. If it does, you will have to file an answer to the complaint to defend yourself and to avoid a default and default judgment. If you actually owe the money, most likely a judgment will be entered against you and the collection company will then try to levy upon your bank accounts and garnish your wages for payment.

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.

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