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Haunting Student Loan Debts
In today's ever changing economy, it's hard enough for the average working individual to make ends meet, without a wage garnishment, while supporting themselves or their families. Sometimes living pay check to pay check with the regular bills and sudden unexpected expenses is hard enough without having an old student loan debt rear its ugly head to bite you in the wallet. Borrowers who have not made voluntary and timely payments to the institution from which a loan was made, may face a wage garnishment through their current employer.
Under the Higher Education Act, the Department of Education and security agencies can require employers to deduct a minimum of 10% of the indebted employee's pay check each pay period toward repayment of the debt. This wage garnishment may continue until the entire balance of the outstanding debt is paid. This method of wage garnishment is used only for the borrowers who refuse to voluntarily repay their defaulted loan and is not used with those borrowers who continue to make regular and timely payments.
Employers who have received an Order for Withholding of Wages must conform to the order by law. Employers will only receive information that is necessary to conform with the wage garnishing order and are prohibited to discharge the borrower from employment, or subject the individual to disciplinary action due to wage garnishment. Any individual who is discharged from their job or disciplined is allowed to seek restitution in federal or state court if such action occurs. Administrative Wage Garnishment is a tool of last resort used by the U.S. Department of Education to recover defaulted student loans through wage garnishment. Thirty days prior to the issuance of the Order of Withholding, a notice is sent to the borrower notifying that individual of the Department of Education's intent to garnish wages and of the borrower's rights and appeal procedures.
To avoid wage garnishments, the borrower has an opportunity to enter into a written agreement under terms agreeable to Department of Education to establish a voluntary repayment arrangement. If the borrower has any objections to the existence, amount, or enforce-ability of the debt, a hearing can be arranged to present and obtain a ruling; also of any objection that wage garnishment of the borrowers disposable pay would produce an extreme financial hardship. A wage garnishment action can be withheld by filing a timely request for a hearing. No action will be taken until the hearing is completed and a decision is issued.
Borrowers may also object to a wage garnishment if the validity of the claim is in question or if the current enforce-ability of the claim is barred by law. The borrower is responsible for providing documentation or evidence to corroborate any objections raised in defense to the enforcement of the debt. It would be in your best interest to learn all you can about garnishment law.
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DID YOU KNOW?
- Most any large city has a number of small shops offering payday loans. They’re often found in strip centers; sometimes they double as pawn shops. They have a simple business – they lend you money until your next paycheck. The system is pretty convenient; you write them a postdated check for the amount you’re borrowing plus interest. On your next payday, they cash the check and your loan is paid off. What many people who use payday loan services fail to realize is that the interest rates charged by these firms are substantial, often reaching the equivalent of four hundred percent per year!
- To get a secured loan it can take time for loan approval, as the property will be inspected and appraised. Unsecured loans such as credit cards are usually faster to acquire, however the loan approval time may include a credit check. A credit check involves a lender getting a copy of your credit report to inspect your credit history.
- Credit card balance transfers
- All kind of loan – educational loans, auto loans, secured loans, unsecured loans, personal loans and any kind of loans – can be consolidated under debt consolidation mortgage. It is highly appropriate to adopt debt consolidation mortgage if you have numerous debts. However, a prudent step will be to understand debt consolidation if you actually want to apply for it. Debt consolidation mortgage has the capability to be turned in a way so as to allow maximum monetary benefits. Yet, one little error with debt consolidation mortgage and your situation will be back to square one.
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