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myesha · #1 08-15-2008, 04:24 PM

In the state of california must you receive notification via agency and/or employer of garnishment to take place?

ladybug · #2 08-16-2008, 10:22 AM

I would think that no matter what state that you live in that you are required to receive any sort of notifcation of any debt that is owed especially student loans. There is a member on here that is familiar with student loans and will be around to advise you.

SOAPLADY · #3 08-16-2008, 08:04 PM

Guarantors or the CA's collecting on student loans will send out a pre-garnishment notice to the last address on file. You have 30 days to respond for an appeal. If you do not appeal, your employer will receive a garnishment order which requires them by law to withhold 15% of your disposable wages.

A lot of people get upset because they did not receive a notice because they moved. The guarantors position on this is that it is the responsiblity of the borrower to notify their lender/servicer/guarantor of any change of address. If you failed to do so, you can appeal on the grounds of financial hardship, but it may take awhile to get a hearing because you did not respond in the alloted 30 window.

Lukeskywalker · #4 08-17-2008, 05:07 AM

Dear SoapLady,

If and when you ever decided to write a book on your knowledge of Student Loans, I want and will be the first in line to buy a copy. You are amazing and thank you for being here.

All the Best,
Luke

#5 09-02-2008, 10:11 AM

Please point me in the direction of someone I can speak with regarding studen loan garnishment. A couple years back I decided to go back to school and ended up trying a online school. Big mistake! After the first class I could not get into their system. Or I got in and got bumped out and couldn't get back in. I tried calling the school no one would help me. Eventually I went on with life until a few years later I saw the loan on my credit. Once again I tried to dispute and resolve with no help. No one will help me because its a online school. I have tried several places. I received no phone calls, no notice in the mail, no court hearing no nothing. Then in July my wages started being garnished. I have now received a letter just recently from EDFund (the ones garnishing and this is the first I have receieved anything from them) and they are stating a second loan will start being garnished next year. There was only one loan. How is there a second? I believe I should pay for the one class and I believe they have taken a sufficient amount from my salary. I have sent letters to edfund, the online school, bbb, district attorney, everything. I have tried financial advisors, debt consultants. No one can point me in the direction I need to be pointed to. I feel like I have no where to turn. Please help. Please email me at EMAIL REMOVED with any information. I am desperate for help!

SOAPLADY · #6 09-02-2008, 02:04 PM

Did you officially withdraw from the class/school? How much did you borrow???? If you did not withdraw and simply walked away from the school and went on with your life, you legally owe all the money. What you dont seem to understand is that Edfund did not guarantee you an education ....they simply loaned you the money to go to the school of your choice. Any refund had to have been done via the school if you met there withdrawal policy guidelines. Edfund will end up telling you the same as will every organization you have written too.

Numerous collection notices would have been sent you from both your lender, guarantor and edfund before the garnishment stated. Your dispute is simply not valid and you will not be able to get out the account. You may be able to appeal the garnishment but you wil have to pay the debt back.

Lukeskywalker · #7 09-02-2008, 02:05 PM

The SoapLady will be your salvation. I am sure she will see your post and be with you shortly. You have come to the right place for help and welcome.

Lu,e

#8 09-24-2008, 07:46 AM

I have garnishments which I can not afford due to old defaulted student loans.
With the garnishments, I get only $800/mo working full time, and my mothly expenses are over $1600. I am sinking quickly and need to know how to file an exemption from garnishment due to financial impossibility, or what my alternatives are. I am working on filing chapt 7 on my own, and will work with the lenders to restructure my student loans after my 7 is done, but for now, it is impossible foe me to make my current obligations. Please advise.

#9 10-10-2008, 04:54 PM

I see that there are many frustrated by the situation we are in. I am no exception. EdFund recently tacked on 18,000 dollars to my loan as "collection" fees. While I am just now starting to research how this was possible, I figured I would try to reach out and express my frustration. Me and many others need help, not greedy lenders who are making an otherwise navigable situation, impossible to navigate at all!

Worst part,...I will be paying these loans till Im 65! WOW!

Lukeskywalker · #10 10-10-2008, 05:10 PM

If our goverment can bail out the housing market where people are loosing their jobs, homes, etc, why cant they help the people who are in a Student Loan Crisis. It is the same thing where people are loosing their homes, jobs, etc. Someone tell me that there is a difference.

SOAPLADY · #11 10-10-2008, 07:57 PM

Jestiron.....your collection fees were part of your original prom note. Upon default, you agreed to pay all collection fees applicable by law. They are mandated at 18-25%.

Luke....the government set up the ICR repayment program the the Direct Loan Consolidation loan program for people who were feeling the pinch of education costs. How many other loans do that?? Or allow you defer them for as many years as a student loan does?? Or allow for public service cancellation?? Think about it.

Lukeskywalker · #12 10-11-2008, 06:01 AM

As always Soaplady, you are right. Its just that after 25 years of this, it can be over whelming. The programs you speak of just may be my salvation if the time comes and I do hope that I will be granted one of them.

Thank you

#13 10-24-2008, 11:41 PM

I have not been notified other than a threatening call to my employer re the defaulted student loans what can i do?

SOAPLADY · #14 10-25-2008, 03:55 AM

Need some more information Donna. If the CA has told you they will verify your employment for garnishment, they can and will. Then you will receive a 30 day notice. It is your responsibility to make sure that the CA has your current mailing address.
The only way to avoid garnishment is to a agree to a repayment plan.