A Detailed Overview Of Stopping Student Loan Garnishment

One of the choices that students can take advantage of to pay for their educational expenses are student loans without co-underwriter. Sadly, there are such countless students out there without the relevant information on the most ideal way to apply for these loans. As such, a large portion of the applications for student loans without co-endorsers end up not being approved which mean more issues in financing their education. Actually, students can apply for both private loans and loans upheld by the federal organization.

Most importantly, when pondering stopping student loan garnishment, it is essential that you read and altogether comprehend the qualification structure before you round out the necessary details. This gives a few experiences on the best way to persuade the lender of student loans without co-underwriter to avail the loan to you by showing that you are certainly qualified for the loan. After reading your structure, you will be in a situation to explain correctly all the requirements according to the structures specifications. This will also ensure that your application structure is accompanied by the necessary and required documents. These and many other punctual actions can bring about the lender reacting appropriately to your application.

A wage garnishment or Treasury offset are two ways of involuntary debt collection. If the borrower stops voluntary payments and defaults, those consequences are almost unavoidable. However, borrowers can still take action to ensure their wages or other federal benefits are not garnished. If you wonder how to stop wage garnishment, you have several solutions. You can avoid the cause-default status on loan, object to the involuntary collection decision or utilize different techniques for stopping student loan garnishment.

This guide explains the default and the following consequences, as well as solutions to undesirable outcomes. If you have further questions, you can contact our student debt specialists for a FREE consultation.

What is the Student Loan Default?
Wage and non-wage garnishments on student loans happen because borrowers are unable to repay. Hence, borrowers should be aware of what happens if they face repayment challenges.

Under the student loan conditions, if a borrower faces trouble for repayment, he/she should contact the loan servicer and ask for the solutions. Loan servicers are the organizations dealing with billing and other loan-related issues for Direct or FFEL loans. For Perkins loans, you would be better off contacting your school.

Once the borrower stops making payments, the loan enters into a delinquency state. Delinquency starts as soon as the borrower misses a due date and lasts around 270 days. After 90 days of non-repayment, the loan servicer contacts three major credit rating agencies to inform them about the situation.

If you do not take action, you will face the risk of going into a student loan default. Depending on the loan taken, the time required for default changes. Usually, Direct or FFEL loan borrowers are considered to default if they do not make a payment 270 days after the due date. However, Perkins loan borrowers will face a much shorter time. Keep in mind that if you contact the loan servicers or the school (in case of Perkins loan) immediately, you can solve the default status fast. Otherwise, you will face harsh consequences.

What Happens As a Result of Default?
stopping student loan garnishment
Student loan default is not desirable under any conditions. It is a significant cause for student loan wage garnishment. Hence, if you wonder how to stop student loan garnishment, you need to get out of default.

In general, once defaulted, acceleration happens. Acceleration is the process that makes any remaining debt payable immediately instead of overtime. The borrower loses access to debt resolution strategies like deferment or forbearance. For further information, loan forbearance allows short-term debt non-collection.

In case of default, borrowers cannot utilize forbearance benefits. Besides, the borrowers lose eligibility for extra student aid programs, like some forgiveness programs.

Additionally, loan servicers notify the credit bureaus that you defaulted. Hence, they lower your credit score, which means you can face challenges in the future, even for simple actions like buying a car or getting a line of credit.

Returning to wage garnishment, debtors in default face two types of mandatory collection process:

Treasury Offset- happens when the tax refunds and other federal benefits of the borrower are taken as a repayment for the owed debt.
Wage Garnishment- occurs when the employer keeps some portion of the wage and transfers it to the loan holder as a repayment.
This guide will explain both the Treasury Offset and Wage Garnishments. At the end of the guide, the borrower will have some idea on stopping student loan garnishment and similar involuntary debt repayment methods.

What is Wage Garnishment?
In general, wage garnishment is a legal process of withholding earnings by an employer due to a court order. Garnishment usually happens due to unpaid student loans or child support fees. Meanwhile, the employer cannot dismiss an employee if he/she faces wage garnishment issues for any reason. Having a wage garnishment issue cannot be a reason for discharge for the first time.

However, for subsequent debts or following wage garnishment obligation, the employer can dismiss the employee. The borrower has the right to start legal action against the employer if the employer does not follow these rules. Keep in mind that wage garnishment applies to different types of earnings, such as the salary, commission, bonus, income from pension, excluding ordinary tips.

Details of Wage Garnishment
Before we discuss stopping student loan garnishment, borrowers must be aware of the entire process.

Wage Garnishment is an involuntary way of student loan repayment. During this process, the loan holder gets 15% of the borrower’s disposable income until the whole debt is paid or the borrower no longer defaults. For further information, disposable income is the net amount of income you receive after deductions. Before the garnishment starts, the borrower should get a notice from ED which indicates:

That garnishment will start in 30 days
That the borrower can inspect the documents regarding the debt
Information about debt- nature and amount
That the borrower can object to the garnishment
That the borrower can eliminate garnishment through voluntary debt repayment
Once the borrower receives the notice, he/she can request a hearing. For example, if you believe that the debt should not be entitled to student loan wage garnishment, you can have an opportunity for a hearing. Hearing can also help when the borrower believes that he/she cannot afford to pay 15% of the disposable income for the repayment.

Besides, the borrower can enter a voluntary agreement with the Education Department to repay the debt.

Stopping Student Loan Garnishment
If you wonder how to stop wage garnishment for student loans, this section will provide you with the answers. You can stop student loan garnishment by eliminating default status, delaying garnishment action, or voluntarily repaying the debt.

Requesting a Hearing

One of the ways to avoid wage garnishment is requesting a hearing, as explained before. If you want to utilize this option, you have a maximum of 30 days after receiving the notice of garnishment to request the hearing in writing. Once requested, the loan holder will arrange the meeting. Hearing can be in person, on the phone, or in the documents provided. The officials will review the case, and within around 60 days, they will inform the borrower about the decision.

Stopping student loan garnishment will be possible if the officials approve your request. Keep in mind that even if the wage garnishment is canceled, the decision is valid only for one year. Besides, approval does not mean total elimination of the problem. Sometimes, rather than stopping student loan garnishment, the officials decide to reduce the amount.

More info: https://studentloansresolved.com/2021/05/26/stopping-student-loan-garnishment-what-you-should-know/

Author: Kanan Mirzayev