Okay, My husband got a notice from our employer that his defaulted Perkins Loan was going to garnish his wages based on a default judgement they received in 1998. We were given these forms called "Debtors Request for a Hearing" we live in Kansas. I guess it is to prove we have an exemption claim. we are going to try to prove that it would be a hardship to have the full 25 percent taken out of his check. I have called several attorneys, some haven't called back, others say they are too busy and a few have told me it is not worth my time or money to hire an attorney. What should we expect at this hearing? What should we bring? Can we prove with all our current bills that we can only afford to have so much taken out each month from my husbands account? Has anyone gone through this before? Any advice would be greatly appreciated. My husbands hearing is set for July 3.
I don't know much about student loans, but is there any way you can work out some type of payment with them? I know money is tight, but if garnished, it will be tighter. I am not trying to be funny, because it is very painful to have your check garnished.
Hey back a few years back when i was in your position. I was going to try to show that i couldn't pay what they wanted me too just to be a hard ass. When i kept reading the papers over and over and over i saw where if they garnished they could only do 10% of your disposable income for garnishment, which was better than i'd pay if i Lost the case. I also saw where you could get on the rehabilitation program(They didn't tell me i qualified) so i paid 2 payments and then got on the rehab program. It's very odd they want 25%??? I thought it was only 10%of your disposable. Ask them about the rehab and verify that %
We tried that, even tried putting 500 to 1000 down and doing payment arrangements. It was a no go...the attorney for the creditor would not budge. Even when i told him my husband already has a garnishment...only 75 bucks a month, but he didn't know that. In my state they can only take 25 percent total...all judgements combined. But, the guy still would not take an agreement, even with the possability of not getting much from the garnishment itself.
this is an actual legal judgement that was placed against my husband. It is not administrative Wage garnishment, where the school loan people can automatically take 10 percent...In Kansas, creditors can take up to 25 percent of your disposable pay.
Here in Louisiana, they take 25% also. If there is more than 1 garnishment, they wait in line. When the first one is done, the 2nd one immediately follows. If you work out a plan with the first one for a reduced amount, the second one will step in to round it back out to 25% being taken. Is it possible you can use the fact that you tried to pay as a defense? 'Your Honor, I know it seems like I have ignored this debt, but we did try to work it out, (give example of payment offering), 'but the lawyer wouldn't work with us'. I hope this might help, and I hope everything works out.
I had my stydent loan garnished out of my check and I live in baton rouge and they can garnish even if someone eles is. I had my student loan and a personal loan at the same time being garnish.They said they can do it as long as it is not over the %...Then when I paid the loan off all I had was the student loan. So yes they can do two at a time but I was told that was the limit..
