Will the Dept. of Education garnish paychecks for unpaid student loans?
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I got married nearly 2 years ago. Last year the IRS took our tax refund to pay for my wife's student loan that is in default. Now they are calling and saying that this is not enough even though it is about $1000 a year. They say that they will garnish both my wife's and my own paychecks to get it taken care of. I know a number of people who's student loans are in default but none have had this threatened. Do you think they are using scare tatics or has this happened to anyone else?
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Answer:
They gave you their 3 cents... but here's my 2 cents... If it is YOUR loan they will garnish YOUR paycheck. If it is your WIFE'S loan they will NOT garnish your paycheck. You are right they are using scare tactics. The best thing for your wife to do is to negotiate a minimum monthly payment. MAKE SURE that the payments qualify for what is called a "Rehabilitation Payment Program". When your wife calls them she will need to really negotiate with them. Things you should have ready: -paycheck stubs -bills (statements) -and other proof of income/obligations As far as your tax returns concern, if you filed jointly and they took YOUR tax return you might be able to file a "Injured Spouse" Claim and get YOUR portion back at least. If she decides on the "Rehab" program try to complete the program ASAP that way next year your tax return will not be offset. Hope this helps, Mr. K The Rogue Student Loan Collector
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Other answers
Yes, they will garnish your paychecks. This is not a new threat and trust me, it isn't a scare tactic. They WILL do it. Happens all the time. Seizing income tax returns is not an acceptable payment plan and even with them doing it, will still result in your/her wages being garnished. My advise is to contact them and set up an acceptable payment plan (and stick to it) so they won't start garnishing. It may be too late (going into default takes YEARS of non-payments) but at least you are attempting. Also be aware that a loan that has gone into default will more than double, triple, or more in what the original loan amount was. Once your wife went into default that gave the lender (and subsequent collection agencies) the right to hike the interest rate and attach all kinds of ridiculously high penalties and fees. It is not uncommon for a relatively small loan of 5,000 to balloon to a debt of 15,000 or more depending on how long she lets it go without paying. Every day you/she doesn't pay on it, the interest is collecting. If your garnishments and income tax return isn't even enough to cover the interest, her balance owed is STILL growing.
just not that
Yes, they can garnish your paycheck. They cannot garnish your wife's paycheck (unless you're in a community property state and filed your taxes together). Unless you have a very small loan, $1,000/year from your tax refund is not going to cover the monthly payments, plus the amount that you're in default.
spalmer
Just to throw this in to the other two, correct, answers. The department of education is not garnishing your paycheck, you do not owe them, they gave you the loan but you took it out from a lender. It is that lender (rather the collections agency representing that lender) that is having the IRS retrieve money for them. Each lender will behave differently, they are after all different businesses, when it comes to collecting money. This is why you are having your paychecks garnished and others are not, they simply have a different lender than you do.
Amber Marie
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