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Student Loan from years ago pops up and is taking my salary
Planned maintenance scheduled April 23, 2019 at 23:30 UTC (7:30pm US/Eastern)
Announcing the arrival of Valued Associate #679: Cesar Manara
Unicorn Meta Zoo #1: Why another podcast?Is selling profits (a la Enron) legal?Refusing to pay part of a installment plan10 year old traffic ticketGetting my student loan wipedCell phone with zero usage sent to collections agencyCan student loans be used in retirement, brokerage, savings, checking, and 529 accounts?In what order do collateral and guarantees pay off a defaulted loan or bond?How to report Airbnb income in tax return?Can I get my money back from a collections agency if I can prove that the initial company was negligent with notifications?Relative vs constant salary in US Employee and contract law
Summary: For decades I had my student loans paid by automated payment from my bank without a problem; just take it out of my bank and there's a small benefit in interest for it.
Recently, my current employer showed me that there was a collections office who would take 15% of my salary and if they did not 'okay' it, there could be legal ramifications. The office naturally had to sign it. Now 15% of my salary is being removed by this collection agency.
Background: This part of the Federal student loan had become part of a separate agency and as I was not paying it, it defaulted two years ago without any notification to me.
I am happy to pay for the last fifteen years, and I understand it should have been my responsibility to notice my automatic withdrawals had a different amount (?) from my set-aside account for those payments, but the surprise is sudden and with ten days notice, I've received no movement other than now my salary is being taken by a draconian amount without me signing a single thing other than the original loan in 2005ish.
Does this sound legally dodgy?
As in I should seek representation, or is this status quo and if phone and mail conversations are resulting in no change, it is something generally accepted by other people in my situation.
My question isn't necessarily about my employer going along with this nor about how I feel about the student loan (I of course have always endeavored to pay my debts), but whether this is a legal issue based on my summary.
united-states finance debt
edited Apr 13 at 20:54
A. K.
1,6531129
asked Apr 12 at 13:44
MikeyMikey
1666
add a comment |
Summary: For decades I had my student loans paid by automated payment from my bank without a problem; just take it out of my bank and there's a small benefit in interest for it.
Recently, my current employer showed me that there was a collections office who would take 15% of my salary and if they did not 'okay' it, there could be legal ramifications. The office naturally had to sign it. Now 15% of my salary is being removed by this collection agency.
Background: This part of the Federal student loan had become part of a separate agency and as I was not paying it, it defaulted two years ago without any notification to me.
I am happy to pay for the last fifteen years, and I understand it should have been my responsibility to notice my automatic withdrawals had a different amount (?) from my set-aside account for those payments, but the surprise is sudden and with ten days notice, I've received no movement other than now my salary is being taken by a draconian amount without me signing a single thing other than the original loan in 2005ish.
Does this sound legally dodgy?
As in I should seek representation, or is this status quo and if phone and mail conversations are resulting in no change, it is something generally accepted by other people in my situation.
My question isn't necessarily about my employer going along with this nor about how I feel about the student loan (I of course have always endeavored to pay my debts), but whether this is a legal issue based on my summary.
united-states finance debt
edited Apr 13 at 20:54
A. K.
1,6531129
asked Apr 12 at 13:44
MikeyMikey
1666
add a comment |
Summary: For decades I had my student loans paid by automated payment from my bank without a problem; just take it out of my bank and there's a small benefit in interest for it.
Recently, my current employer showed me that there was a collections office who would take 15% of my salary and if they did not 'okay' it, there could be legal ramifications. The office naturally had to sign it. Now 15% of my salary is being removed by this collection agency.
Background: This part of the Federal student loan had become part of a separate agency and as I was not paying it, it defaulted two years ago without any notification to me.
I am happy to pay for the last fifteen years, and I understand it should have been my responsibility to notice my automatic withdrawals had a different amount (?) from my set-aside account for those payments, but the surprise is sudden and with ten days notice, I've received no movement other than now my salary is being taken by a draconian amount without me signing a single thing other than the original loan in 2005ish.
Does this sound legally dodgy?
As in I should seek representation, or is this status quo and if phone and mail conversations are resulting in no change, it is something generally accepted by other people in my situation.
My question isn't necessarily about my employer going along with this nor about how I feel about the student loan (I of course have always endeavored to pay my debts), but whether this is a legal issue based on my summary.
united-states finance debt
edited Apr 13 at 20:54
A. K.
1,6531129
asked Apr 12 at 13:44
MikeyMikey
1666
Summary: For decades I had my student loans paid by automated payment from my bank without a problem; just take it out of my bank and there's a small benefit in interest for it.
Recently, my current employer showed me that there was a collections office who would take 15% of my salary and if they did not 'okay' it, there could be legal ramifications. The office naturally had to sign it. Now 15% of my salary is being removed by this collection agency.
Background: This part of the Federal student loan had become part of a separate agency and as I was not paying it, it defaulted two years ago without any notification to me.
I am happy to pay for the last fifteen years, and I understand it should have been my responsibility to notice my automatic withdrawals had a different amount (?) from my set-aside account for those payments, but the surprise is sudden and with ten days notice, I've received no movement other than now my salary is being taken by a draconian amount without me signing a single thing other than the original loan in 2005ish.
Does this sound legally dodgy?
As in I should seek representation, or is this status quo and if phone and mail conversations are resulting in no change, it is something generally accepted by other people in my situation.
My question isn't necessarily about my employer going along with this nor about how I feel about the student loan (I of course have always endeavored to pay my debts), but whether this is a legal issue based on my summary.
united-states finance debt
united-states finance debt
edited Apr 13 at 20:54
A. K.
1,6531129
asked Apr 12 at 13:44
MikeyMikey
1666
edited Apr 13 at 20:54
A. K.
1,6531129
asked Apr 12 at 13:44
MikeyMikey
1666
edited Apr 13 at 20:54
A. K.
1,6531129
edited Apr 13 at 20:54
A. K.
1,6531129
edited Apr 13 at 20:54
A. K.
1,6531129
1,6531129
asked Apr 12 at 13:44
MikeyMikey
1666
asked Apr 12 at 13:44
MikeyMikey
1666
asked Apr 12 at 13:44
MikeyMikey
1666
1666
add a comment |
add a comment |
2 Answers
2
active
oldest
votes
Defaulting on student loans is—along with back taxes and child support—one of the three cases where a court order is not required for wage garnishment.
This article spells out remedies against such defaults. For example, they can intercept your tax refund, Social Security payments, or your wage. They can take up to 15%, but not more than 30 times the federal minimum wage. So yo don't need to have signed a single thing other than the original loan agreement.
That does not guarantee that your particular situation is iron-clad, but it is not obviously legally improper.
The only way to be sure is to hire an attorney to fight the garnishment. A brief initial consultation is probably free.
edited Apr 13 at 2:07
David Siegel
17.3k3666
answered Apr 12 at 14:25
user6726user6726
62.8k457112
Thanks - that is exactly my question. I want to always pay, I just felt that this suddenness was, well, sudden, and if I should speak with legal representation. I'll have a quick consultation and weigh options.
– Mikey
Apr 12 at 15:02
1
"not more than 30 times the federal minimum wage" What does this mean? The minimum wage is dollars per hour. A garnishment is just dollars.
– Acccumulation
Apr 12 at 19:13
2
It's complicated as explained by Dept. of Labor here: dol.gov/whd/regs/compliance/whdfs30.pdf. It is based on "disposable earning" which is earning minus legally required deductions. Normalize earnings into weekly pay. Find the lesser of disp. earnings, or the amount by which an employee's disposable earnings are greater than $217.50 (currently) = 30*7.50. The wage figure is basically an index into "cost of living".
– user6726
Apr 12 at 19:29
5
@Acccumulation "A garnishment is just dollars"--why do you say that? Surely a garnishment is dollars/week, dollars/month, or dollars/pay-period, so compatible units to minimum wage?
– prl
Apr 13 at 3:19
1
So they are protecting people making 200 times the minimum wage? (Because 15% would be 30 times the minimum wage).
– gnasher729
Apr 14 at 14:55
|
show 1 more comment
If this is a federal student loan, I would check with the U.S. Department of Education to make sure you have any federal loans in default and what agency is servicing them.
If it is a case of federal loan default, there is little legal recourse other than trying to return the loan to good standing.
https://studentaid.ed.gov/sa/repay-loans/default
answered Apr 12 at 14:25
zeroonezeroone
511
add a comment |
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2 Answers
2
active
oldest
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2 Answers
2
active
oldest
votes
active
oldest
votes
active
oldest
votes
Defaulting on student loans is—along with back taxes and child support—one of the three cases where a court order is not required for wage garnishment.
This article spells out remedies against such defaults. For example, they can intercept your tax refund, Social Security payments, or your wage. They can take up to 15%, but not more than 30 times the federal minimum wage. So yo don't need to have signed a single thing other than the original loan agreement.
That does not guarantee that your particular situation is iron-clad, but it is not obviously legally improper.
The only way to be sure is to hire an attorney to fight the garnishment. A brief initial consultation is probably free.
edited Apr 13 at 2:07
David Siegel
17.3k3666
answered Apr 12 at 14:25
user6726user6726
62.8k457112
Thanks - that is exactly my question. I want to always pay, I just felt that this suddenness was, well, sudden, and if I should speak with legal representation. I'll have a quick consultation and weigh options.
– Mikey
Apr 12 at 15:02
1
"not more than 30 times the federal minimum wage" What does this mean? The minimum wage is dollars per hour. A garnishment is just dollars.
– Acccumulation
Apr 12 at 19:13
2
It's complicated as explained by Dept. of Labor here: dol.gov/whd/regs/compliance/whdfs30.pdf. It is based on "disposable earning" which is earning minus legally required deductions. Normalize earnings into weekly pay. Find the lesser of disp. earnings, or the amount by which an employee's disposable earnings are greater than $217.50 (currently) = 30*7.50. The wage figure is basically an index into "cost of living".
– user6726
Apr 12 at 19:29
5
@Acccumulation "A garnishment is just dollars"--why do you say that? Surely a garnishment is dollars/week, dollars/month, or dollars/pay-period, so compatible units to minimum wage?
– prl
Apr 13 at 3:19
1
So they are protecting people making 200 times the minimum wage? (Because 15% would be 30 times the minimum wage).
– gnasher729
Apr 14 at 14:55
|
show 1 more comment
Defaulting on student loans is—along with back taxes and child support—one of the three cases where a court order is not required for wage garnishment.
This article spells out remedies against such defaults. For example, they can intercept your tax refund, Social Security payments, or your wage. They can take up to 15%, but not more than 30 times the federal minimum wage. So yo don't need to have signed a single thing other than the original loan agreement.
That does not guarantee that your particular situation is iron-clad, but it is not obviously legally improper.
The only way to be sure is to hire an attorney to fight the garnishment. A brief initial consultation is probably free.
edited Apr 13 at 2:07
David Siegel
17.3k3666
answered Apr 12 at 14:25
user6726user6726
62.8k457112
Thanks - that is exactly my question. I want to always pay, I just felt that this suddenness was, well, sudden, and if I should speak with legal representation. I'll have a quick consultation and weigh options.
– Mikey
Apr 12 at 15:02
1
"not more than 30 times the federal minimum wage" What does this mean? The minimum wage is dollars per hour. A garnishment is just dollars.
– Acccumulation
Apr 12 at 19:13
2
It's complicated as explained by Dept. of Labor here: dol.gov/whd/regs/compliance/whdfs30.pdf. It is based on "disposable earning" which is earning minus legally required deductions. Normalize earnings into weekly pay. Find the lesser of disp. earnings, or the amount by which an employee's disposable earnings are greater than $217.50 (currently) = 30*7.50. The wage figure is basically an index into "cost of living".
– user6726
Apr 12 at 19:29
5
@Acccumulation "A garnishment is just dollars"--why do you say that? Surely a garnishment is dollars/week, dollars/month, or dollars/pay-period, so compatible units to minimum wage?
– prl
Apr 13 at 3:19
1
So they are protecting people making 200 times the minimum wage? (Because 15% would be 30 times the minimum wage).
– gnasher729
Apr 14 at 14:55
|
show 1 more comment
Defaulting on student loans is—along with back taxes and child support—one of the three cases where a court order is not required for wage garnishment.
This article spells out remedies against such defaults. For example, they can intercept your tax refund, Social Security payments, or your wage. They can take up to 15%, but not more than 30 times the federal minimum wage. So yo don't need to have signed a single thing other than the original loan agreement.
That does not guarantee that your particular situation is iron-clad, but it is not obviously legally improper.
The only way to be sure is to hire an attorney to fight the garnishment. A brief initial consultation is probably free.
edited Apr 13 at 2:07
David Siegel
17.3k3666
answered Apr 12 at 14:25
user6726user6726
62.8k457112
Defaulting on student loans is—along with back taxes and child support—one of the three cases where a court order is not required for wage garnishment.
This article spells out remedies against such defaults. For example, they can intercept your tax refund, Social Security payments, or your wage. They can take up to 15%, but not more than 30 times the federal minimum wage. So yo don't need to have signed a single thing other than the original loan agreement.
That does not guarantee that your particular situation is iron-clad, but it is not obviously legally improper.
The only way to be sure is to hire an attorney to fight the garnishment. A brief initial consultation is probably free.
edited Apr 13 at 2:07
David Siegel
17.3k3666
answered Apr 12 at 14:25
user6726user6726
62.8k457112
edited Apr 13 at 2:07
David Siegel
17.3k3666
edited Apr 13 at 2:07
David Siegel
17.3k3666
edited Apr 13 at 2:07
David Siegel
17.3k3666
17.3k3666
answered Apr 12 at 14:25
user6726user6726
62.8k457112
answered Apr 12 at 14:25
user6726user6726
62.8k457112
answered Apr 12 at 14:25
user6726user6726
62.8k457112
62.8k457112
Thanks - that is exactly my question. I want to always pay, I just felt that this suddenness was, well, sudden, and if I should speak with legal representation. I'll have a quick consultation and weigh options.
– Mikey
Apr 12 at 15:02
1
"not more than 30 times the federal minimum wage" What does this mean? The minimum wage is dollars per hour. A garnishment is just dollars.
– Acccumulation
Apr 12 at 19:13
2
It's complicated as explained by Dept. of Labor here: dol.gov/whd/regs/compliance/whdfs30.pdf. It is based on "disposable earning" which is earning minus legally required deductions. Normalize earnings into weekly pay. Find the lesser of disp. earnings, or the amount by which an employee's disposable earnings are greater than $217.50 (currently) = 30*7.50. The wage figure is basically an index into "cost of living".
– user6726
Apr 12 at 19:29
5
@Acccumulation "A garnishment is just dollars"--why do you say that? Surely a garnishment is dollars/week, dollars/month, or dollars/pay-period, so compatible units to minimum wage?
– prl
Apr 13 at 3:19
1
So they are protecting people making 200 times the minimum wage? (Because 15% would be 30 times the minimum wage).
– gnasher729
Apr 14 at 14:55
|
show 1 more comment
Thanks - that is exactly my question. I want to always pay, I just felt that this suddenness was, well, sudden, and if I should speak with legal representation. I'll have a quick consultation and weigh options.
– Mikey
Apr 12 at 15:02
1
"not more than 30 times the federal minimum wage" What does this mean? The minimum wage is dollars per hour. A garnishment is just dollars.
– Acccumulation
Apr 12 at 19:13
2
It's complicated as explained by Dept. of Labor here: dol.gov/whd/regs/compliance/whdfs30.pdf. It is based on "disposable earning" which is earning minus legally required deductions. Normalize earnings into weekly pay. Find the lesser of disp. earnings, or the amount by which an employee's disposable earnings are greater than $217.50 (currently) = 30*7.50. The wage figure is basically an index into "cost of living".
– user6726
Apr 12 at 19:29
5
@Acccumulation "A garnishment is just dollars"--why do you say that? Surely a garnishment is dollars/week, dollars/month, or dollars/pay-period, so compatible units to minimum wage?
– prl
Apr 13 at 3:19
1
So they are protecting people making 200 times the minimum wage? (Because 15% would be 30 times the minimum wage).
– gnasher729
Apr 14 at 14:55
Thanks - that is exactly my question. I want to always pay, I just felt that this suddenness was, well, sudden, and if I should speak with legal representation. I'll have a quick consultation and weigh options.
– Mikey
Apr 12 at 15:02
Thanks - that is exactly my question. I want to always pay, I just felt that this suddenness was, well, sudden, and if I should speak with legal representation. I'll have a quick consultation and weigh options.
– Mikey
Apr 12 at 15:02
1
1
"not more than 30 times the federal minimum wage" What does this mean? The minimum wage is dollars per hour. A garnishment is just dollars.
– Acccumulation
Apr 12 at 19:13
"not more than 30 times the federal minimum wage" What does this mean? The minimum wage is dollars per hour. A garnishment is just dollars.
– Acccumulation
Apr 12 at 19:13
2
2
It's complicated as explained by Dept. of Labor here: dol.gov/whd/regs/compliance/whdfs30.pdf. It is based on "disposable earning" which is earning minus legally required deductions. Normalize earnings into weekly pay. Find the lesser of disp. earnings, or the amount by which an employee's disposable earnings are greater than $217.50 (currently) = 30*7.50. The wage figure is basically an index into "cost of living".
– user6726
Apr 12 at 19:29
It's complicated as explained by Dept. of Labor here: dol.gov/whd/regs/compliance/whdfs30.pdf. It is based on "disposable earning" which is earning minus legally required deductions. Normalize earnings into weekly pay. Find the lesser of disp. earnings, or the amount by which an employee's disposable earnings are greater than $217.50 (currently) = 30*7.50. The wage figure is basically an index into "cost of living".
– user6726
Apr 12 at 19:29
5
5
@Acccumulation "A garnishment is just dollars"--why do you say that? Surely a garnishment is dollars/week, dollars/month, or dollars/pay-period, so compatible units to minimum wage?
– prl
Apr 13 at 3:19
@Acccumulation "A garnishment is just dollars"--why do you say that? Surely a garnishment is dollars/week, dollars/month, or dollars/pay-period, so compatible units to minimum wage?
– prl
Apr 13 at 3:19
1
1
So they are protecting people making 200 times the minimum wage? (Because 15% would be 30 times the minimum wage).
– gnasher729
Apr 14 at 14:55
So they are protecting people making 200 times the minimum wage? (Because 15% would be 30 times the minimum wage).
– gnasher729
Apr 14 at 14:55
|
show 1 more comment
If this is a federal student loan, I would check with the U.S. Department of Education to make sure you have any federal loans in default and what agency is servicing them.
If it is a case of federal loan default, there is little legal recourse other than trying to return the loan to good standing.
https://studentaid.ed.gov/sa/repay-loans/default
answered Apr 12 at 14:25
zeroonezeroone
511
add a comment |
If this is a federal student loan, I would check with the U.S. Department of Education to make sure you have any federal loans in default and what agency is servicing them.
If it is a case of federal loan default, there is little legal recourse other than trying to return the loan to good standing.
https://studentaid.ed.gov/sa/repay-loans/default
answered Apr 12 at 14:25
zeroonezeroone
511
add a comment |
If this is a federal student loan, I would check with the U.S. Department of Education to make sure you have any federal loans in default and what agency is servicing them.
If it is a case of federal loan default, there is little legal recourse other than trying to return the loan to good standing.
https://studentaid.ed.gov/sa/repay-loans/default
answered Apr 12 at 14:25
zeroonezeroone
511
If this is a federal student loan, I would check with the U.S. Department of Education to make sure you have any federal loans in default and what agency is servicing them.
If it is a case of federal loan default, there is little legal recourse other than trying to return the loan to good standing.
https://studentaid.ed.gov/sa/repay-loans/default
answered Apr 12 at 14:25
zeroonezeroone
511
answered Apr 12 at 14:25
zeroonezeroone
511
answered Apr 12 at 14:25
zeroonezeroone
511
answered Apr 12 at 14:25
zeroonezeroone
511
511
add a comment |
add a comment |
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