chapter 7 student loans

[MSbklawyer]

[QUOTE=rrj;356154]

she says she was never invited to a court hearing

she has one judgment on her credit report from a credit card
she went to the first court hearing and creditor didnt show up and the judge rescheduled he court date ??? my sister asked the judge shouldnt it be thrown out if they dont show up, the judge reposnse was we will give them another chance and my sister missed the next hearing and they automatically got the judgement

That sounds like an administrative garnishment. If you owe the government money, it can impose an administrative garnishment on any benefits you receive from the government including social security, up to 15 percent.

http://www.ed.gov/offices/OSFAP/DCS/awg.html

Unlike a traditional garnishment, it's done by simply giving notice that they're going to do it. It's up to the benefit recipient to bring an action to challenge it.

[rrj]

[QUOTE]

I have a very important question to ask - is her disability income from Social Security? If it is, then Social Security income is not allowed to be garnished in any state. However, she would have had to tell the court that during the court hearing when the lender requested the garnishment to stop it. Was she notified about the hearing? Did she go?

she says she was never invited to a court hearing

she has one judgment on her credit report from a credit card
she went to the first court hearing and creditor didnt show up and the judge rescheduled he court date ??? my sister asked the judge shouldnt it be thrown out if they dont show up, the judge reposnse was we will give them another chance and my sister missed the next hearing and they automatically got the judgement

[rrj]

[QUOTE]

I have a very important question to ask - is her disability income from Social Security? If it is, then whether her disability can or can't be garnished depends on the state your sister lives in. She really needs a lawyer to help her sort this out.

its social security, we live in TN

It's easy for things to not be on the credit report. They aren't a reliable source of all debt sources. Does she remember ever having a student loan? Is it from the government or was it a private student loan?

I am not sure, it was just for the local college.

If all that was paid was the minimum payment requested, then it's quite possible that she was paying only the interest and a little bit against the principal. People have "paid" their student loans this way for years without making a dent against what they originally paid.

the orginal loan was for 1200.00

She should challenge the entry on her credit report to have it corrected. However, if by chance some mistake has been made, she will have to get the garnishment removed by going to court. Going with an attorney would help her tremendously.

there is no student loans on any of her credit reports

Sorting out this kind of student loan mess after so many years can be challenging. She needs to collect as much information as possible about who initiated the garnishment and when, then contact the lender (or whoever they sold or transferred the loan to) by registered, return receipt mail to get all the details about the loan, including an accounting of every payment made since she signed for it along with what's happening with all the garnished funds.

she will have to contact ss to see where the garnishment is going right?

If she's lucky, it's a government loan. If it's private, getting things sorted out might be more difficult but it needs to be done, and as soon as possible.

I say it was government from the first loan

[lrprn]

you disablilty check is being garnished for your student loans she got years ago. they just started the garnishment when she got approved for disability a year ago.

I have a very important question to ask - is her disability income from Social Security? If it is, then Social Security income is not allowed to be garnished in any state. However, she would have had to tell the court that during the court hearing when the lender requested the garnishment to stop it. Was she notified about the hearing? Did she go?

If her disability is not social security, then whether her disability funds can or can't be garnished depends on the law in the state she lives in. Your sister really needs sound legal advice from an experienced disability lawyer in her area to help her sort this out.

there is no mention of a student loan on any of her credit reports. there garnishee her check shouldn't it be on her credit report,

It's easy for debts to not listed be on the credit report. Her credit report isn't a reliable source of all her debt sources. Does she remember having a student loan? Is it from the government or was it a private student loan?

she thinks her student should of been paid along time over the years they have taken your tax refunds and stuff, could they have go her mixed up with the person student loans ?

If all that was paid each time was the minimum payment requested, then it's quite possible that she was paying only the interest and a little bit against the principal. She also needs to take late fees and penalties for non-payment into account as well. People have "paid" their student loans making just the minimum payment for years without making a dent against the original loan balance.

She needs to dispute the wrong entry on her credit report regarding the address and personal information to have it corrected. However, if by chance some mistake has been made and the student loan truly isn't hers (doubtful), then she will have to get the garnishment removed by going to court. Retaining an attorney if she does have to go to court would help her tremendously.

should she called ss and ask them where there sending the garnishment too.and write them a letter asking for a balance and info she did have student loans, but she doesnt know the balance

Sorting out this kind of student loan mess after so many years can be challenging. She needs to collect as much information as possible about who initiated the wage garnishment and when, then contact the lender (or whoever they sold or transferred the loan to) by registered, return receipt mail to get all the details about the loan, including an accounting of every payment made since she signed for it along with what's happening with all the garnished funds. If she's lucky, it's a government loan. If it's private, getting things sorted out might be more difficult but it needs to be done, and as soon as possible.

No matter what, if her disability does comes from Social Security, she needs to challenge the garnishment in court to make it stop as quickly as possible. It may be possible to get the funds back that have been taken illegally as well. The best way to find that out is to talk with an experienced disability lawyer in her area.

But even that won't resolve the fact that she will very likely still be responsible for paying these student loans somehow, and they can't be discharged in bankruptcy without a legal fight.

[rrj]

i have another questions for my sister

you disablilty check is being garnished for your student loans she got years ago
they just started the garnishment when she got approved for disability a year ago

there is no mention of a student loan on any of her credit reports
there garnishee her check shouldn't it be on her credit report,

there is also a address that she has never lived at in a different state, and a ssn listed that is not her, i searched the address there is a person with her name living in that state

she thinks her student should of been paid along time over the years they have taken your tax refunds and stuff, could they have go her mixed up with the person student loans ?

should she called ss and ask them where there sending the garnishment too.and write them a letter asking for a balance and info she did have student loans, but she doesnt know the balance