at my job until I sent them a written letter stating they cant and the supervisor told me today (before hanging up on me) that they are sending paperwork to my employer to garnish my wages. INEED TO STOP THIS NOWW!!!!!!!!!!! Thanks in advance for your help!
That is true, written instructions not to call your home or office need to be submitted to them before it can be enforced. I would overnight a validation request to them TODAY..
No judgement Its a student loan I asked them to validate as per what I've searched and read here. They sent me a copy of my sig. on what appeared to be the last page of loan papers it was barely discernable. I told them that wasn't proper validation and they said it was and that I was stalling. The amount they are saying I owe is over 11000 and I know the loan I had was 6500 It appears though I have NO recourse to keep going back and forth with them if they are going to garnish I cannot afford to have them do that. I have a new job that has a future for serious advancement and this will kill it I'm sure
You need to know yourself what proper validation is before you go around asking for it.. So when you dont get it and they threaten to have wages garnished you can shoot off a intent to sue letter. You say you dont need this now.. Well then.. research your topic and dont have it now.. lol.. They never provided proper validation, and they have continued collection activity. All of which are against the law.. You need to send a letter asking for proper validation, a notice to only contact you via USPS.. Cut and paste the law explaining what validation is for them.. put it on your letter.. Then let them argue what it is with the law staring them right in the face .. ALso if they contact your employer prior to providing you with proper validation explain you will not hesistate to take legal action against them.. Now get to work, research your problem and take care of... Dont sit and worry and whine.. This is not a big deal as you can take care of it easily..Also Stop talking to them on the PHONE.. PERIOD.. Sorry if I was a bit harsh.. sometimes people need a good kick in the ass to get going.. Best of luck
Agreed here, start with understanding what validation really is, then move forward. The C&D and validation combo, look in the sample letters. I have to differ with you here, as it's the CA/OC's responsibility to know the law and what a proper validation consists. Why make their work easier for them? True again, don't talk to them on the phone!!! Also, help us understand the situation a little more i.e. was this a loan secured through a bank, or a federal loan. This makes a huge difference!! And as well, read, read, and reread the info that's here on the board until you understand what you need to do. Pick a course of action, document what you do, be patient, and stick to the plan of attack that you choose.
Re: Re: I Was Told By Ca They Can Call Me While I agree with you to a point, why make it easier for them.. The only reason I include this in my letters is to avoid them telling me in a letter I am wrong.. I show from step one they are dealing with a informed consumer.. Otherwise it is back and forth with letters.. which maybe is what he wants.. I want things delt with and delt with quickly.. So I include the law right in my letter.. and explain.. missing one thing from the list makes their validation attempt a joke.. I usually wont hear from them again, as they will just sell the account.. Then I do it too the new collection agency.. and then the next... until someone on the line just gets tired of it and it dies..
DO I HAVE TO DEAL WITH CA? i'M ON THE PNONE WITH THE OC RIGHT NOW AND THEY ARE TELLING SOMETHING COMPLETELY DIFFERENT THAN THE CA BUT THEY SAY THEY CANT STOP THE GARNISHMENT help!!!!!!!
Re: Re: I Was Told By Ca They Can Call Me I guess that it depends on the approach that you take. If the plan is to let it bounce from CA to CA, then include it, and maybe scare them away. If the plan is to kill it permenantly, then the plan is to attack the CA with the validation sequence, demanding the validation or deletion. You are creating a paper trail with the validation requests that are your evidence in court for willful non-compliance. Again, pick a strategy and stick to it.
Re: Re: I Was Told By Ca They Can Call Me The U.S. Department of Education uses non-judicial defaulted student loan garnishment to collect defaulted student loans, as do the various State and non-profit agencies that guarantee student loans under reinsurance agreements with the U.S. Department of Education. Section 488A of the HEA, as amended in particular by §605 of Pub. L. 102-164, the Emergency Unemployment Compensation Act of 1991 (20 U.S.C 1095a), November 15, 1991, authorized U.S. Department of Education and the guarantors to collect defaulted Federally-financed student loans they hold by nonjudicial "administrative" wage garnishment (AWG) of up to 10 percent of a debtor's disposable pay. The U.S. Department of Education like other Federal agencies, has also received authority to conduct student loan garnishment of up to 15% of disposable wages 31 U.S.C. Sec.3720D, added by the Debt Collection Improvement Act of 1996, enacted as Sec. 31001 of Pub.L. 104-134, April 26, 1996. Its other provisions mirror those of HEA Sec. 488A almost verbatim, and other comments here on AWG apply to both authorities. Both statutes provide that the garnishor may sue an employer who fails to honor a student loan garnishment order issued under either authority. That said, this loan must be in default, and as such the choices that you have are to consolidate and re-fi the loan, or request rehab for the loan. Have you explored these options?
DO I HAVE TO DEAL WITH CA? Thank you all Idon't mind a kick in the ass. I appreciate it however, is there a way to stop the garnishment now!!!!!! I will leave work right now to sent the proper letters to them but is it too late. If i send certified will it be quick enough can I send UPS
Re: DO I HAVE TO DEAL WITH CA? No offense.. But your being a huge pain in the arse.. cause you wont listen.. Send a validation letter to the CA, and heck send on too the OC for the status of the account.. Even if the OC tells you , you owe nothing.. It doesnt matter.. YOU NEED IT IN WRITING.. Now go away.. you have been given sound advice from more than just myself.. yet you keep writing.. HELP.. Almost has me rooting for the CA.. and that is just wrong.. lol
Re: DO I HAVE TO DEAL WITH CA? Send it overnight.. Heck.. if you have too call the CA, tell them you are going to make arrangements to pay off the account in full.. This will delay any attempt at garnishment today.. then send the Validation letter OVERNIGHT.. and your in the clear.. until they provide proper validation..
Re: DO I HAVE TO DEAL WITH CA? The real question here is DID YOU HAVE A STUDENT LOAN THAT WAS DEFAULTED? If so, the standard stuff doesn't apply, as this is gauranteed by the govt. and they follow a little different set of rules. So did you or didn't you? Again, the more information that you can provide, the more accurate the information that we provide
DO I HAVE TO DEAL WITH CA? Does that mean I forgo proper validation steps since its a defaulted student loan. Am I correct in thinking that my only way to avoid their right to garnish is rehab. Or am I still within my rights to ask for proper validation
DO I HAVE TO DEAL WITH CA? Ok, first of all, please as a matter of edicate don't double thread the problem. I see that you started to ask about this here: http://consumers.creditnet.com/stra...eadid=46396&highlight=student+loan+validation I don't know what you are missing here, but 1) Don't talk to them on the phone. You said you did it again, even though you were told not to do it repeatedly. 2) Regular rules regarding judgements don't apply to defaulted student loans. You've waited until this thing could get into the worst possible situation by not responding to the default notices. 3) If you can wait out the garnishment for a couple of months, then you can try the validation route again. Problem here is that the validation request won't hold off garnishment, as the garnishment is done on the authority of the govt, and the FCRA rules don't apply to the garnishment. 4) If you can't afford the garnishment, then rehab the loan and get it out of default. You could always try to wipe off the derog mark from the default later.
Re: DO I HAVE TO DEAL WITH CA? jsummers, sorry I'm pissing you off. I'm trying to do the best I can. I am listening to everything that is said here however there are (as written here) different suggestions on how to do it. I dont want to make another mistake. I have read everything about validation on this site and attempted that with the CA previously. They sent the one page that I mentioned earlier and then proceeded to attempt to garnish my wages with a previous employer( i have the papers) If this is mine and are the charges are correct than I will pay it. I AM not trying to hide or use your expertise to run from my debts I am just trying to protect myself and get help doing it. In my line of work I help people even though they sometimes appear to be dense to me as well. Yet I know they are well intentioned. R U well intentioned when you say you are almost rooting for the CA?
DO I HAVE TO DEAL WITH CA? Tiger... Dont know about you.. but this guy is making me want a drink... lol
Re: DO I HAVE TO DEAL WITH CA? its a federal loan and I called the OC because I researched an old thread it it said to refuse to talk to the CA and only deal with the original OC. Please hang in there with me I WILL GET THIS
