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Sub: #97
Replied on 04-08-2010, 10:00 AM
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There is no one to talk to about the a"original loan"...your lender filed a default claim with you guarantor who would now be the holder of the loan. It may also have been assigned to a collection agency. You will need to contact the CA or agency garnishing your pay....if a CA has been assigned an account, they can tell you how much you owe. They will not be able to calculate how much longer you have to pay on it....you will have to figure that out by creating a spread sheet. Keep in mind you have had up to 24% in collection fees added plus your interest is accruing.

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Sub: #98
Replied on 07-16-2010, 01:29 PM
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I have a student loan that is in default. I do want to work out a payment plan before wage garnishment kicks in; however the CA (DCS) has not been very accommodating to work with - they've tried to intimidate and have changed their story/approach several times.

Today, the person I spoke to told me that they would be able to garnish my wages without sending me any notice (only my employer) and that it did not matter whether I had been fired recently.

My understanding is that 1) they need to send me a notice in writing 30 days before garnishment can take effect; and 2) that if I was involuntarily terminated within the last 12 months they can't garnish my wages. Am I correct about those things?

The arrangement I want to work out with them would be that I would pay around 10% of my wages to them, starting in about 9 months. This will give me time to get my finances straight(er); since everything got really behind while I was unemployed (I've been back working for 1.5 months). Does this seem reasonable?


Last edited by DumbDebt; 07-16-2010 at 01:32 PM.
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Sub: #99
Replied on 07-22-2010, 05:05 PM
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What percent of my wages could they garnish for student loans in CA? I had heard that it was only 10%...or at least is was that way over 10 years ago. Also, can they freeze a bank account as well?




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Sub: #100
Replied on 07-23-2010, 02:13 AM
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15% of your disposable wages...it went up a few years back from 10%. Plus they will also offset your tax return.

keylyme
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Sub: #101
Replied on 07-25-2010, 05:58 AM
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What happens in FL if the debtor is head of household? Or NH where there is no mechanism for ongoing garnishment (new judgement must be filed every two weeks?). These questions are regarding private loans. No assets.




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Sub: #102
Replied on 07-25-2010, 06:02 AM
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They still file for judgment...and wait. Bank levies. Home liens.

keylyme
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Sub: #103
Replied on 07-28-2010, 07:08 PM
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The debtor has no assets....does not own a home or car and has no bank accounts in his name. He deposits his money into his fiancee's account and pays bills from there. His fiancee will most likely put any house in her name when they purchase one. Both cars are already in her name (one is owned outright).




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Sub: #104
Replied on 07-28-2010, 07:17 PM
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He doesnt have any assets now...eventually the fiancee will get tired of running from his debts.

keylyme
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Sub: #105
Replied on 07-29-2010, 05:45 PM
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The assets can be all in her name without a problem, though. He is not running from his debt; he just needs adequate income to make payments which he has not yet found. My question was just what exactly they sue for when you have nothing to take. For instance, my husband and I are near retirement and have no assets either. I just don't see what they can take in that case. Money is not that important to us; we live a simple life and are happy that way.




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Sub: #106
Replied on 07-29-2010, 05:52 PM
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Please read what I wrote....at least twice already. They are not suing for what he doesnt have now....they are suing for what he may have in the future. Future assets. Future bank accounts. Anything they can get their hands on .

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Sub: #107 School closing
Replied on 08-12-2010, 10:59 AM
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If the school closed, it is by no fault of your own than you are only liable for the time you were there, and even that may be forgiven if it was a short time. I went to a school that closed and became part of a class action suit for many of the students as even when they were open no one felt they benefited from the education so students were awarded a settlement. Talk with the people involved and show proof that the school closed.

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Sub: #108
Replied on 08-18-2010, 12:16 AM
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Yes you must. You'll receive notification via agency and/or employer of garnishment in the state of california. I think that It takes place not only in Califonia but also everywhere.


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