I live in NY state and I currently have a default student loan. A collection agency is garnishing wages from each paycheck ( I get paid every 2 weeks). I am having a hard time making ends meet now that this garnishment has begun, Should I try to call the agency to try to negotiate or should I go to court to claim a financial hardship?? can I claim bankruptcy? please help!!! Thanks.

Student loans are not discharged in a bankruptcy

I'm not sure if you have any recourse but I am bumping this so Soaplady will see it.

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Sorry, didnt see it right away as it was in the wrong forum.

This sounds like a federal garnishment. You were sent a 30 day garnishment notice prior to the garnishment starting. That was the time to appeal on the basis of hardship. There is no court hearing since admin wage garnihsment is authorized by congress. You can still appeal but it might take awhile for your appeal to be heard....those who are responding to the 30 notice will all be bumped ahead of you. You will have to prove with copies of all your bills as to what your expenses are....rent/mortgage, utilities including basic cable, internet, basic cell phone service or land line, food, car payment, car insurance, and any misc expenses like reoccuring medical bills. Unfortuanately christmas is not a legitmate expense nor are other credit card bills. Once they have you in garnishment , and you have not appealed, they really dont care about other bills.