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social security garnished , are they done ?

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    social security garnished , are they done ?

    Please answer my question , I can not find info about it . Thank you .

    In 1989 I got student loan for amount close to 6 k .
    I finished the school (programming) , and did not pay the loan back .
    I did not get any job for almost 3 years. School did not provide any
    placement assistance, how was promised ..
    Extremely stupid of me was, I did not pay it of later, but I can not reverse this now .
    My loan was sold many times, and I even do not remember, who was the lender .

    Now, few months ago , my ss benethits were sized about $100 a month , and I was told this is
    this loan payment . ( letter was sent to me, but I never got it ) . Fine. I deserve it .

    My question , are "they" done ?

    I am going to pay these $100 to the end of my days, but am I safe,
    or they still can go after my another assets ?
    Real estates in particular ? I am 66 .
    thanks, charly
    Last edited by charly; 01-17-2017, 09:11 PM. Reason: senior moments

    #2
    You'll have to find out the creditor that is causing an offset of your benefits, and if this $100 a month is ever going to be repaid. Student loans are very peculiar in bankruptcy as one of only two major things that you can not discharge (easily)... (certain) taxes and student loan debt. In fact, there are some taxes that you can never discharge (the so-called "trust fund" taxes).

    I also can't tell you if they will go after other assets. It reads as though they haven't been able to, so they are offsetting it elsewhere. Hmmm.... 1990, no payments, $6,000... could be over $15K in interest alone. If you paid $100 a month with no interest, that would take 210 months or over 17 years. Sounds like an eternity.

    The real question would be if you filed bankruptcy, how easily would you be able to discharge the student loan debt given your present income and ability to pay.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment


      #3
      Originally posted by charly View Post
      Please answer my question , I can not find info about it . Thank you .

      In 1989 I got student loan for amount close to 6 k .
      I finished the school (programming) , and did not pay the loan back .
      I did not get any job for almost 3 years. School did not provide any
      placement assistance, how was promised ..
      Extremely stupid of me was, I did not pay it of later, but I can not reverse this now .
      My loan was sold many times, and I even do not remember, who was the lender .

      Now, few months ago , my ss benethits were sized about $100 a month , and I was told this is
      this loan payment . ( letter was sent to me, but I never got it ) . Fine. I deserve it .

      My question , are "they" done ?

      I am going to pay these $100 to the end of my days, but am I safe,
      or they still can go after my another assets ?
      Real estates in particular ? I am 66 .
      thanks, charly
      Charly, if you are in an Active Chapter 13, your old student loan debts should be listed on your repayment plan. If they are listed then you can have your trustee make the payments to SallieMae or Federal Student Loan Services on your behalf. If at the end of your Chapter13 you have any remaining payments left, you will have to pay those on your own. But, if you have a disability Veterans or Civilian that prevents you from returning to school this option may help you. Here is the link to the student loans website: https://studentaid.ed.gov/sa/repay-l...lity-discharge

      Comment


        #4
        What do you mean by $100/mo? Do you mean you get $400/mo and thus you get garnished for 25% of that? Yes, it's a debt that will stick around until you pay it off, die, get a general student-debt jubilee (along with all other student-debtors) from the government, or manage to get it discharged - and since you get SS without working, the judge has no reason to remove it, taking the attitude that this is what Congress had intended as a "fair deal".

        Comment

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