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 Posted: Sat Mar 03, 2007 9:05 am Subject: Allied garnished my wages without contacting me! |
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I have never heard of Allied and they just started garnishing my wages without my consent! They never attempted to contact me by mail or phone, both are listed.
I have been out of work on disability for the past month. After contacting my payroll department they gave me some contact information. It turns out they have the wrong mailing address and telephone number for years. I tried arguing this with them but to no avail. My next step is to contact a lawyer, but has anyone else experienced this problem?
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jnicole_19
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| Posted: Sat Mar 03, 2007 9:16 am Subject: |
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Do you have outstanding student loans?
Is there a judgement on your credit report?
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Morningstar
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| Posted: Sat Mar 03, 2007 10:37 am Subject: |
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I am a few months behind on my student loans but I deal directly with Sallie Mae. I never received any notice the account was going to a collection agency but I can understand why. I was under the impression that I had to be notified or taken to court before a company can garnish my wages.
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jnicole_19
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| Posted: Sat Mar 03, 2007 10:49 am Subject: |
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| Quote: | | It turns out they have the wrong mailing address and telephone number for years. |
It is possible they got a default judgement against you since you wouldn't have known to appear in court b/c they had the wrong mailing address and phone #.
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brownsugar
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| Posted: Sat Mar 03, 2007 11:13 am Subject: |
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Also, Federal debtors don't have to take you to court in order to garnish you.
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finsfan13
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| Posted: Sat Mar 03, 2007 11:18 am Subject: |
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"I was under the impression that I had to be notified or taken to court before a company can garnish my wages"
Yes, this is a government backed loan. No need to go to court. I believe the procedure is called an Administrative Wage Garnishment. You should have been sent a notice, and would have had to reply in a certain amount of time. I do not know what they will do about incorrect contact info. This could be a moot point, as it is considered your obligation to notify all creditors of address changes. I believe the step you should take next would be your Student Loan Ombudsman.
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Morningstar
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| Posted: Sat Mar 03, 2007 11:45 am Subject: |
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Another thought...if the garnishiment is going to stand, then I think the only other way to stop it is to agree to pay more than what you are being garnished already.
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The only people with whom you should try to get even are those who have helped you.
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Morningstar
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| Posted: Sat Mar 03, 2007 12:19 pm Subject: |
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| Quote: | | This could be a moot point, as it is considered your obligation to notify all creditors of address changes. |
But I never lived at the address they have. I'm not sure where they got that information from. And when I try to ask them they don't give me a straight answer. This is all very confusing and their reps are extremely rude. Do I have to deal with them or can I deal with the original creditors, Sallie Mae?
There is no way I can afford the amount of money they are garnishing from me. I live check to check as it and hardly make ends meet.
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jnicole_19
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| Posted: Sat Mar 03, 2007 12:25 pm Subject: |
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Contact your student loan obudsman. If they can't help you, you will have to deal with the collection agency. They are contracted to collect on behalf of the Dept. of Education, so no, DOE will not work with you. Perhaps soaplady has different advice or suggestions.
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The only people with whom you should try to get even are those who have helped you.
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Morningstar
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| Posted: Sat Mar 03, 2007 12:28 pm Subject: |
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Thank you so much for your time. I'm going to contact my Student Loan Ombudsman and also check back here for any other suggestions.
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jnicole_19
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| Posted: Sat Mar 03, 2007 12:28 pm Subject: |
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Student loans are government backed.There is no sol.They can and do garnish at will.They do take tax refunds.If you are unhappy about terms of garnishment,call the dept of education to see if they will let you put loan in rehab.
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cajunbulldog
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| Posted: Sat Mar 03, 2007 12:28 pm Subject: |
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Go to the local county where this case is filed against you and verify your information with the clerk. Under federal laws, wages are allowed to be garnished up to 25% of your disposable income. Collectors don't have the legal rights to set any amount they want to collect in garnishment process.
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Steg
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| Posted: Sat Mar 03, 2007 12:30 pm Subject: |
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Steg,
This is a student loan.Whole new set of rules on that puppy! 
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cajunbulldog
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| Posted: Sat Mar 03, 2007 12:33 pm Subject: |
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Steg, student loans are a whole different ballpark. I think that the cap is 15%, and I know that a suit is not required to be filed against the debtor, only some paperwork. IRS refunds can also be garnished, also known as an "intercept"
Edit: Not ganging up on you, I was typing this one up as cajun was...he beat me to the punch
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The only people with whom you should try to get even are those who have helped you.
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Morningstar
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| Posted: Sat Mar 03, 2007 12:58 pm Subject: |
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Student loans are 15%, always.
As far as stopping the garnishment by paying more...That may not work, and even if it did the judgement would still be on your credit report, so there is no point in doing that.
I am an HR rep and deal with garnishments daily..It's professional courtesy for your payroll person to give you a copy of the writ prior to deductions taking place. I don't understand why they didn't.
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finsfan13
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