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    Jiffy's Avatar
    Jiffy Posts: 1, Reputation: 1
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    #1

    Feb 8, 2012, 11:40 AM
    Can NCO be sued for garnishing wages without a hearing?
    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's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    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's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Feb 8, 2012, 06:45 PM
    Quote Originally Posted by Jiffy View Post
    ... 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.

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