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Home > Law > Other Law   »   Stop Salary Garnish

 
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Old Mar 21, 2007, 12:29 PM
patch
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Stop Salary Garnish

I have a company contacting me trying to collect for a student loan that they say I took out. I have, between my husband and I, three separate student loans that we have made arrangements on. These loans have been sold many times over so no longer the same people we took the loan from. We received a letter saying that we had a time limit to respond or the would garnish our salary. We wrote two letters asking to verify the loan as we do not believe it is ours but agreed to make payment arrangements if it is. Today my employer received paperwork to begin garnish. With no response to us. Do we have any recourse if this is not our debt? Can we stop this? Help?

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Old Mar 21, 2007, 11:42 PM   #2  
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A person's wage can be garnished by a judgment creditor. The process requires a court order issued to the employer of the wage earner requiring the wages to be sent to the creditor, rather than to the employee. A wage garnishment can be lifted through an appropriate court filing. Wage garnishment under the Federal Law is governed by Title 15, Chapter 41, of the Federal Code. Wage garnishment can be up to 25% of the wage-earner's disposable income. The federal law does not provide an explicit method for stopping a wage garnishment. Creative approaches to the court that issued the garnishment can be made. Restrictions on wage garnishment is covered by sections 1673 and 1674 of the Title, and include limits as to amounts as well as protection from discharge from the employment by reason of the wage garnishment. For additional information on these aspects of the federal wage garnishment law, the reader is directed to Compliance Assistance Employment Law Guide - Wage Garnishment.
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