subject: Stop Federal Student Loan Garnishment [print this page] Challenge and STOP Wage Garnishment for Federal Student loan Default
By Mr. K "The Rogue Student Loan Collector"
If you default on a Federal student loan, the Dept of Education a branch of the government has the right to garnish significant portions of your wages.
The good thing is that you can challenge a wage garnishment and request a hearing on the wage garnishment. In order to appeal a wage garnishment you will need to demonstrate how the garnishment is causing you and your family members total financial hardship.
The U.S. Department of Education will forward your claim to the "Administrative Garnishment Hearing Department" and assess your financial situation. In order to challenge the wage garnishment you will need to fill out a "Request for Hearing" document, and send it to the Dept. of Education. You'll have the choice of either having the hearing in-person, over the telephone, or in writing. If you decide on having the hearing in person you'll have to show up at one of their 3 CONVENIENT locations San-Francisco, Chicago, or Atlanta. I guess that covers the west coast, the middle, and the east coast. LOL
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Mr. K's Important Notes:
The "Request for hearing" document is used to challenge the garnishment.
In addition, make sure that you send in the "Financial Disclosure statement" document, this document is used to itemize your expenses and report your income.
BE ACCURATE! NOT PROVIDING PROOF WILL LEAD TO THE DENIAL OF YOUR CLAIM. This "Financial Disclosure Statement" document will be critical during this process, and they will closely evaluate your situation, so take your time and carefully list all of your obligations (bills), and provide copies of those bills.
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In the Financial Disclosure statement on one of the last pages, you will see a line that says: "Based on this statement, I think I can afford to pay $__ per month." This is the section where you can purpose to the Department of Education an amount YOU would like to pay. Regardless of how much they've asked from you in the past, while filling this section out, you should be realistic and figure out your budget. Make sure that the amount you offer is something that you can pay monthly, without the huge financial strain on your pockets.
Once all documents are submitted they will make a decision on your claim in about 60-90 days after your hearing. If the wage garnishment already started the garnishment will continue until a decision is made.
