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    sickened1's Avatar
    sickened1 Posts: 1, Reputation: 1
    New Member
     
    #1

    Mar 6, 2009, 02:34 PM
    Disability garnishment for student loans
    I have an old student loan from a semester of community college back in 2000/2001. I haven't worked in over 2 yrs because of severe back problems. I finally won my disability case and got my first monthly check of $963. Its only disability because I make too much to get ssi. I called a bankruptcy lawyer because I couldn't afford over 2 yrs worth of back bills. The attorney said not to waste my money because I am considered 'uncollectible' now that I'm disabled by the state of Indiana. The attorney (along with my disability lawyer who won my case for me) assured me I cannot be garnished for any reason. I just got a letter from the treasury dept saying they were contacted by an agency holding a defaulted student loan and they will garnish me for up to 15% of my wages if I don't work it out with them by April. I called them and they wanted $150 a month (about 15%) and wouldn't budge even though I told them I cannot pay rent and food and everything else for me and my wife (her position was eliminated due to a cut in company hours) along with 15%. I offered to pay what I could. They didn't care. They offered to mail me a form and if my doc signs it stating due to my disability I can NEVER work again then, if they approve it, they will forgive my debt. Doctors never work with promises and guarantees. No one can guess if with a couple more surgeries and rounds of shots and physical therapy if in 5-10 yrs I may work again.
    OK, so I called another bankruptcy lawyer and they said that anyone can send a garnishment threat because it usually works and results in a contact/payment plan but no one, not even the company currently holding my student loans can garnish my disability check. Is this true? The internet says yes and no depending on what site and a couple lawyers said no to me . Which is it ?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Mar 6, 2009, 02:38 PM

    If this was a government sponsored student loan, then they may be able to garnish your disability and without having to obtain a judgement. I would talk to someone where your checks originate.

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