Tuesday, July 20, 2010

CAN A STUDENT LOAN THAT IS 13 yrs. OLD BE A VALID WAGE GARNISMENT?

student loan is from 1993. i hae been a SLC,UT RESIDENT FOR 48 YRS.;involved with the law, incarcerated at both the sl cnty jail and the utah state prison. my WHERE-A-BOUTS have been documented several times, to where the student loan people could find me easy enough. i have NEVER received , n a notice to pay these loans, NOW THAT I have straightened up my life and am now a fulltime employee, the garnishment is in affect.I contacted the student loan people.requested by fax, areduction of garnishment. Responce was to be 8-12 wks.no responce. call'd back,they had wrong address.i never recv'd anything about a hearing,a form to fill out,"0"!. then aroung 12/15/05 they sent me a letter stating that i had exceede the time limit for?????whaterver. I don't even know what they are talking about! so I'm trying to find out what my rights are.

CAN A STUDENT LOAN THAT IS 13 yrs. OLD BE A VALID WAGE GARNISMENT?
The student loan is valid. There is probably nothing you can do to remove the liability. It used to be death and taxes were the only two inescable things, now it is death, taxes and student loan repayment.





Absent an ability to prove undue hardship (I'm afraid jail and prison don't count), it is difficult to get a reduction in your student loans.





Your best bet, because the garnishment sounds like it is having a harsh impact on your existence, is to at least consult a local bankruptcy attorney. The bankruptcy won't get rid of your student loans, but it could restructure your payment for the next three to five years, to give you a little more breathing room.





Good luck.
Reply:consult an attorney with expertise in this area
Reply:It is unlikely that you will be able to declare banko on student loans. The one thing you can do, is get your credit report. Then contact each third party collector one at a time. Offer a settlement on each one as you can afford. For instance, a student loan that was eight thousand, with attorney fees may be as high as twenty thousand over a period of time. Offer them five thousand but be sure to get a settlement agreement and file it with the courts.
Reply:Unless you've declared bankruptcy you can still owe on loans. You do have to repay loans no matter what.
Reply:If you read the fine print... you're still accountable to pay this loan back and to keep the loan documents current. That means that it's not their job to locate you, it's your job to inform them if you have moved or will be moving. Perhaps you can come to terms on some sort of repayment schedule, though they may not be inclined to do this, considering past events in regards to the loan. Good luck.


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