garnishment of wadges without prior notice

[David Jonathan]

Minnesota:

I've just been informed that 15% of my wadges are being garnished, and I had received NO prior notice of such an event happening. According to the letter that I got from my place of business, they had my wrong address, so without any notice to me, that have gone through the civil process. What can I do about this? You would imagine if they had my employer information, they too would have my current address.

This is regarding a defaulted school loan (due to hard times, honestly I'm not a deadbeat - )

This 15% will cause me serious finincal hard times with all my other bills, as I am the sole income for myself, my fiance, and our two year old son - and what I was making was barely enough to pay the bills to begin with.

What can I do about this -

Can I file bankrupcy, or rather, would it be advisable to seek legal council to explore the option of bankrupcy -

This 15% may not seem like much, but when it drops me to under $8.00 an hour, it truly makes it dificult to survive.

(sob, sob, sob, I know, no need for the story here)

so I guess I'm asking ...

1) What can I do since they gave ME no notice, as they had the wrong address

2) Bankrupcy - should I seek legal counsil in this matter, or would it be a waste of everyones time.

--Dave.

(please forgive all my wonderful spelling errors)

 

[TigerD]

It would be silly to give debtors advance notice of garnishments and levies. You are just going to have to figure out how to get by on 15 percent less pay.

DC

 

[David Jonathan]

It would be silly to give debtors advance notice of garnishments and levies. You are just going to have to figure out how to get by on 15 percent less pay.

DC

I was under the impression that they (collection agency acting for the creditor) had to offer some type of advance notice of a civil action before they could obtain a court order to garnish wadges so I would be able to at least make an appearance and pleed my case in court to set the proper garnishment percentage rate - and snice no notice was given (or rather notice sent to an address that does NOT exist) they would be forced to stop the garnishment and restart the legal process to allow me the proper opportunity to pleed in court.

secondly - I addressed the question of bankrupcy - waste of time, or can I bankrupt out of a student loan/chapt. 13 for monthly payments of the student loan

--Dave.

****************************
okay, after searching, I did find that I am unable to discharge any student loans - I'm still not sure about chap. 13 tho, but I'm sure the answer is in the forum somewhere.

I'm still curious about the being able to process the whole civil action, without* sending me notice.

again --Dave.

 

[TigerD]

No such luck.

GSLs are almost impossible to get out of. You can't bankrupt them. They can and will garnish your social security to make payments is you have not payed the debt before you retire.

This is not something you are going to be able to play games with. Be glad they are only taking 15 percent. For GSLs they are authorized to take much more of your check than that.

DC

 

[David Jonathan]

Eh ... I guess it happens. It's not as tho I hadn't wanted to repay the loans, as I truly want to repay them (this is only one of the 3 that I took out and this is the one that had been neglected for way too long)

I'm just hoping that it's not too late to get a consolidation loan to help with my repayment plans.

I'm assuming the 15% is because they can see (on my credit report) that I am repaying two other loans.

and for the record (after reading many other posts) Debt collectors are not all evil people, hell, they'd be outta work if it weren't for folks like myself who fall behind. (funny, I used to be a collector too! Too depressing with the stereotype tho)

--Dave.