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17 year old

Submitted by on Tue, 02/16/2010 - 19:37
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I have CBE group calling saying I owe money on a student loan from 1989. The problem is that the loan was made when I was 17 and I never signed for a student loan. The company has no documents to show that I signed for this loan but are threatening to garnish my wages.
What should I do?


Well receiving calls from collection agencies is really irritating and that too without signing up for any loan is surprising. As far as my knowledge is concerned, garnishment of your wages takes place only after a lawsuit has been filed and won against you.
If you receive any kind of notice from your employer stating that your wages will be garnished, without getting any lawsuit papers then you must visit a lawyer. If certain things are not right then you can have the judgment overturned.
As wage garnishment is an order of a court for an employer to withhold a certain amount of your wages as repayment for debt. If CBE group is filing a lawsuit against you and you don't turn up to the court, then there can be strong possibility that your wages will be garnished.
There are wage garnishment federal limits that prevent creditors/CAs from garnishing more than 60% of your wages in the most extreme case. Different states have various limits on wage garnishment. On the contrary, 4 states prohibit wage garnishment for debts from creditors - North Carolina, Pennsylvania, South Carolina, and Texas. So if you are not in any of these then you needn???t worry. Moreover, in the near future if you receive such calls, don???t forget to note down the phone number.
However, in case you aren???t able to stop the calls, file a complaint with the FTC at https://www.ftccomplaintassistant.gov/ .
Hope this will help you.


Submitted by on Wed, 02/17/2010 - 01:18

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Sorry Chris but you dont know student loans.

A. Being a Minor....
Defense of Infancy Student loans cannot be avoided on the basis of a borrower's age. Section 484A(b) of the Higher Education Act of 1965, 20 U.S.C. ? 1091a(b), bars this claim for Federally-reinsured loans, and State law typically does so as well.



B. Federally insured student loans can garnish in ALL 50 states without a court order thru Administrative Wage Garnishment....15% of your disposable wages


CBE can get the docs from the guarantor. Did you enroll in school? Sign paperwork? The application is the promissory note.


Submitted by SOAPLADY on Wed, 02/17/2010 - 01:24

SOAPLADY

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I know I signed a lot of paper work when I first enrolled but I don't ever recall signing for a loan of any kind.
The loan they claim I received is only eligible to people who were 18, registered in the selected service, and a high school graduate. None of which I was when the loan was made.
When I tried to get the government to discharge the loan they said it wasn't was federal loan it was a loan made by the college.
But neither the college or collection agency will send me copies of the loan to see if I signed it or if maybe my father who has the same name did.


Submitted by on Wed, 02/17/2010 - 10:51

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Pell Grants and a music scholarship. The Pell Grant was given to me for one semester. After that I got a full ride scholarship from the music department.
I have ask for copies, but since I went to college in 1989 I have yet to get a response.


Submitted by on Wed, 02/17/2010 - 14:08

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I believe it is a Perkins Loans CBE won't give me any of the documents showing the loan (just a bill), and the college I went to hasn't responded to my request. But it has only been 4 week.

I first found out about this loan in 2001 when I bought my house. It was thought I would have to pay it before I could finish closing the house, but once the attorney and title company saw that the loan way dated before I was 18 they said that I couldn't have taken the loan out because of my age at the time. The Perkin loan qualifications stated that the person had to be 18 years old and registered for the selective services. I didn't turn 18 or register for the selective services till my sophomore year of college and I was on a music scholarship till I graduated. So I was able to close out my house without paying the debt. And I haven't heard from any collection agency about this loan until now.


Submitted by on Thu, 02/18/2010 - 00:22

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A Perkins loan is a federal loan....CBE is probably representing the Dept of Education as by now the loan would have been subrogated from the school. Your attorney was dead wrong in his information...you do not need to be 18 to qualify and since you were not 18, the registration with SS would not have been a requirement. This should have been paid before the mortgage closure.

Have your tax returns ever been seized? Have you asked CBE for a copy of the prom note? You definately wont get out of this one...even if the prom note was destroyed, they can prove you received the funds.


Submitted by SOAPLADY on Thu, 02/18/2010 - 02:22

SOAPLADY

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