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View Full Version : Can NCO be sued for garnishing wages without a hearing?


Jiffy
Feb 8, 2012, 11:40 AM
I had a student loan for an online course. After only 3 weeks of attending it, my computer crashed and I had three small children to take care of. I called the school and told them I could not complete the course because I could not get another computer. I was told that they would make a call and I would not be charged for anything other than some administrative costs. I also wrote a letter but it went unanswered. After I went to work for CVS, they started garnishing my wages. I was shocked because I had been paying even though I thought it was unjust! But CVS keeps taking 15 percent of my meagar salary. NCO never had a hearing. I understand that they do not have to get a court judgement but they do have to hold a hearing which they never did. Can they be sued for this? And has anyone out there been through the same thing?

Fr_Chuck
Feb 8, 2012, 11:50 AM
No student loans can garnish wages without court hearings, if you do not owe it, you can file for a hearing to make them prove their case. They merely file the paper work with the court and a judge signs it. You are not there.

There is nothing to sue them for. Often garnishments are at 25 percent, so 15 is a reasonable amount.

AK lawyer
Feb 8, 2012, 06:45 PM
... I understand that they do not have to get a court judgement but ...

Where did you get that idea? Yes they do.

It could be that they alleged service of process on you and thus got a default judgment.