What is a Wage Garnishment for Defaulted Federal Student loans?

Federal student loan garnishments is formally known as “Administrative Wage Garnishment,” which authorizes the Department of Education to deducted 15% of your disposable income, directly from your employer, without going to court, and without your permission.

The Department of Education should notify you in writing 30 days before the garnishment deductions begin to take place. This letter is often referred to as the “Notice Prior to Wage Withholding,” and has a 30 day expiration from when it was sent. Included with the letter, they give you the opportunity to request a hearing (either to dispute the existence or amount of the debt or to prove financial hardship) along with a written financial statement. The garnishment can’t go forward before your hearing is reviewed if you’ve responded well before the 30 day expiration mark. If you request a hearing after your 30 days has expired, the garnishment process will begin and it will be very difficult to to stop it.

Other important challenges for hearings include:

* You have repaid the loan.
* It is not your loan or there is some other reason why you do not owe
the money.
* You have already entered into a repayment agreement and have already
been making payments.
* You have filed for bankruptcy and the case is still open or the loan was
discharged in bankruptcy.
* The school failed to pay you an owed refund.
* The borrower is deceased.
* The loan is not enforceable, for example because of forgery of fraud
* You are eligible for a closed school or false certification discharge.

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Mr. K.
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