Student Loan from years ago pops up and is taking my salary The 2019 Stack Overflow Developer Survey Results Are In Announcing the arrival of Valued Associate #679: Cesar Manara Planned maintenance scheduled April 17/18, 2019 at 00:00UTC (8:00pm US/Eastern)Is it a crime to take out a loan with no intention to repay?Can a bank keep cleared funds against your explicit instructions?How are MMOs with real money economies allowed to operate?Is selling profits (a la Enron) legal?Can student loans be used in retirement, brokerage, savings, checking, and 529 accounts?In what order do collateral and guarantees pay off a defaulted loan or bond?

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Student Loan from years ago pops up and is taking my salary

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Student Loan from years ago pops up and is taking my salary



The 2019 Stack Overflow Developer Survey Results Are In
Announcing the arrival of Valued Associate #679: Cesar Manara
Planned maintenance scheduled April 17/18, 2019 at 00:00UTC (8:00pm US/Eastern)Is it a crime to take out a loan with no intention to repay?Can a bank keep cleared funds against your explicit instructions?How are MMOs with real money economies allowed to operate?Is selling profits (a la Enron) legal?Can student loans be used in retirement, brokerage, savings, checking, and 529 accounts?In what order do collateral and guarantees pay off a defaulted loan or bond?










8















I wasn't sure if this question landed in finance, legal or workplace, but the end question is about when/if to engage legal representation.



Summary: For decades I had my student loans paid by automated payment from my bank without a problem; just take it out of my bank and there's a small benefit in interest for it.



Recently, my current employer showed me that there was a collections office who would take 15% of my salary and if they did not 'okay' it, there could be legal ramifications. The office naturally had to sign it. Now 15% of my salary is being removed by this collection agency.



Background: This part of the Federal student loan had become part of a separate agency and as I was not paying it, it defaulted two years ago without any notification to me.



I am happy to pay for the last fifteen years, and I understand it should have been my responsibility to notice my automatic withdrawals had a different amount (?) from my set-aside account for those payments, but the surprise is sudden and with ten days notice, I've received no movement other than now my salary is being taken by a draconian amount without me signing a single thing other than the original loan in 2005ish.



My question to this forum is: Does this sound legally dodgy - as in I should seek representation, or is this status quo and if phone and mail conversations are resulting in no change, it is something generally accepted by other people in my situation.



My question isn't necessarily about my employer signing 'ok,' nor about how I feel about the student loan (I of course have always endeavored to pay my debts), but if this is a legal issue based on my summary.



(Yes, of course the end-answer is to consult an attorney, but before those $$$...)










share|improve this question







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    8















    I wasn't sure if this question landed in finance, legal or workplace, but the end question is about when/if to engage legal representation.



    Summary: For decades I had my student loans paid by automated payment from my bank without a problem; just take it out of my bank and there's a small benefit in interest for it.



    Recently, my current employer showed me that there was a collections office who would take 15% of my salary and if they did not 'okay' it, there could be legal ramifications. The office naturally had to sign it. Now 15% of my salary is being removed by this collection agency.



    Background: This part of the Federal student loan had become part of a separate agency and as I was not paying it, it defaulted two years ago without any notification to me.



    I am happy to pay for the last fifteen years, and I understand it should have been my responsibility to notice my automatic withdrawals had a different amount (?) from my set-aside account for those payments, but the surprise is sudden and with ten days notice, I've received no movement other than now my salary is being taken by a draconian amount without me signing a single thing other than the original loan in 2005ish.



    My question to this forum is: Does this sound legally dodgy - as in I should seek representation, or is this status quo and if phone and mail conversations are resulting in no change, it is something generally accepted by other people in my situation.



    My question isn't necessarily about my employer signing 'ok,' nor about how I feel about the student loan (I of course have always endeavored to pay my debts), but if this is a legal issue based on my summary.



    (Yes, of course the end-answer is to consult an attorney, but before those $$$...)










    share|improve this question







    New contributor




    Mikey is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
    Check out our Code of Conduct.






















      8












      8








      8








      I wasn't sure if this question landed in finance, legal or workplace, but the end question is about when/if to engage legal representation.



      Summary: For decades I had my student loans paid by automated payment from my bank without a problem; just take it out of my bank and there's a small benefit in interest for it.



      Recently, my current employer showed me that there was a collections office who would take 15% of my salary and if they did not 'okay' it, there could be legal ramifications. The office naturally had to sign it. Now 15% of my salary is being removed by this collection agency.



      Background: This part of the Federal student loan had become part of a separate agency and as I was not paying it, it defaulted two years ago without any notification to me.



      I am happy to pay for the last fifteen years, and I understand it should have been my responsibility to notice my automatic withdrawals had a different amount (?) from my set-aside account for those payments, but the surprise is sudden and with ten days notice, I've received no movement other than now my salary is being taken by a draconian amount without me signing a single thing other than the original loan in 2005ish.



      My question to this forum is: Does this sound legally dodgy - as in I should seek representation, or is this status quo and if phone and mail conversations are resulting in no change, it is something generally accepted by other people in my situation.



      My question isn't necessarily about my employer signing 'ok,' nor about how I feel about the student loan (I of course have always endeavored to pay my debts), but if this is a legal issue based on my summary.



      (Yes, of course the end-answer is to consult an attorney, but before those $$$...)










      share|improve this question







      New contributor




      Mikey is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
      Check out our Code of Conduct.












      I wasn't sure if this question landed in finance, legal or workplace, but the end question is about when/if to engage legal representation.



      Summary: For decades I had my student loans paid by automated payment from my bank without a problem; just take it out of my bank and there's a small benefit in interest for it.



      Recently, my current employer showed me that there was a collections office who would take 15% of my salary and if they did not 'okay' it, there could be legal ramifications. The office naturally had to sign it. Now 15% of my salary is being removed by this collection agency.



      Background: This part of the Federal student loan had become part of a separate agency and as I was not paying it, it defaulted two years ago without any notification to me.



      I am happy to pay for the last fifteen years, and I understand it should have been my responsibility to notice my automatic withdrawals had a different amount (?) from my set-aside account for those payments, but the surprise is sudden and with ten days notice, I've received no movement other than now my salary is being taken by a draconian amount without me signing a single thing other than the original loan in 2005ish.



      My question to this forum is: Does this sound legally dodgy - as in I should seek representation, or is this status quo and if phone and mail conversations are resulting in no change, it is something generally accepted by other people in my situation.



      My question isn't necessarily about my employer signing 'ok,' nor about how I feel about the student loan (I of course have always endeavored to pay my debts), but if this is a legal issue based on my summary.



      (Yes, of course the end-answer is to consult an attorney, but before those $$$...)







      finance






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      asked 8 hours ago









      MikeyMikey

      1435




      1435




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          2 Answers
          2






          active

          oldest

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          9














          Defaulting on student loans is, along with back taxes and child support, one of the three cases where a court order is not required for wage garnishment. This article spells out remedies against such defaults. For example, they can intercept your tax refund, Social security payments, or your wage. They can take up to 15%, but not more than 30 times the federal minimum wage. So yo don't need to have signed a single thing other than the original loan agreement. That does not guarantee that your particular situation is iron-clad, but it is not obviously legally improper. The only way to be sure is to hire an attorney to fight the garnishment. A brief initial consultation is probably free.






          share|improve this answer























          • Thanks - that is exactly my question. I want to always pay, I just felt that this suddenness was, well, sudden, and if I should speak with legal representation. I'll have a quick consultation and weigh options.

            – Mikey
            6 hours ago











          • "not more than 30 times the federal minimum wage" What does this mean? The minimum wage is dollars per hour. A garnishment is just dollars.

            – Acccumulation
            2 hours ago






          • 1





            It's complicated as explained by Dept. of Labor here: dol.gov/whd/regs/compliance/whdfs30.pdf. It is based on "disposable earning" which is earning minus legally required deductions. Normalize earnings into weekly pay. Find the lesser of disp. earnings, or the amount by which an employee's disposable earnings are greater than $217.50 (currently) = 30*7.50. The wage figure is basically an index into "cost of living".

            – user6726
            2 hours ago


















          2














          If this is a federal student loan, I would check with the U.S. Department of Education to make sure you have any federal loans in default and what agency is servicing them.



          If it is a case of federal loan default, there is little legal recourse other than trying to return the loan to good standing.



          https://studentaid.ed.gov/sa/repay-loans/default






          share|improve this answer








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            Your Answer








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            2 Answers
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            active

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            2 Answers
            2






            active

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            active

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            active

            oldest

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            9














            Defaulting on student loans is, along with back taxes and child support, one of the three cases where a court order is not required for wage garnishment. This article spells out remedies against such defaults. For example, they can intercept your tax refund, Social security payments, or your wage. They can take up to 15%, but not more than 30 times the federal minimum wage. So yo don't need to have signed a single thing other than the original loan agreement. That does not guarantee that your particular situation is iron-clad, but it is not obviously legally improper. The only way to be sure is to hire an attorney to fight the garnishment. A brief initial consultation is probably free.






            share|improve this answer























            • Thanks - that is exactly my question. I want to always pay, I just felt that this suddenness was, well, sudden, and if I should speak with legal representation. I'll have a quick consultation and weigh options.

              – Mikey
              6 hours ago











            • "not more than 30 times the federal minimum wage" What does this mean? The minimum wage is dollars per hour. A garnishment is just dollars.

              – Acccumulation
              2 hours ago






            • 1





              It's complicated as explained by Dept. of Labor here: dol.gov/whd/regs/compliance/whdfs30.pdf. It is based on "disposable earning" which is earning minus legally required deductions. Normalize earnings into weekly pay. Find the lesser of disp. earnings, or the amount by which an employee's disposable earnings are greater than $217.50 (currently) = 30*7.50. The wage figure is basically an index into "cost of living".

              – user6726
              2 hours ago















            9














            Defaulting on student loans is, along with back taxes and child support, one of the three cases where a court order is not required for wage garnishment. This article spells out remedies against such defaults. For example, they can intercept your tax refund, Social security payments, or your wage. They can take up to 15%, but not more than 30 times the federal minimum wage. So yo don't need to have signed a single thing other than the original loan agreement. That does not guarantee that your particular situation is iron-clad, but it is not obviously legally improper. The only way to be sure is to hire an attorney to fight the garnishment. A brief initial consultation is probably free.






            share|improve this answer























            • Thanks - that is exactly my question. I want to always pay, I just felt that this suddenness was, well, sudden, and if I should speak with legal representation. I'll have a quick consultation and weigh options.

              – Mikey
              6 hours ago











            • "not more than 30 times the federal minimum wage" What does this mean? The minimum wage is dollars per hour. A garnishment is just dollars.

              – Acccumulation
              2 hours ago






            • 1





              It's complicated as explained by Dept. of Labor here: dol.gov/whd/regs/compliance/whdfs30.pdf. It is based on "disposable earning" which is earning minus legally required deductions. Normalize earnings into weekly pay. Find the lesser of disp. earnings, or the amount by which an employee's disposable earnings are greater than $217.50 (currently) = 30*7.50. The wage figure is basically an index into "cost of living".

              – user6726
              2 hours ago













            9












            9








            9







            Defaulting on student loans is, along with back taxes and child support, one of the three cases where a court order is not required for wage garnishment. This article spells out remedies against such defaults. For example, they can intercept your tax refund, Social security payments, or your wage. They can take up to 15%, but not more than 30 times the federal minimum wage. So yo don't need to have signed a single thing other than the original loan agreement. That does not guarantee that your particular situation is iron-clad, but it is not obviously legally improper. The only way to be sure is to hire an attorney to fight the garnishment. A brief initial consultation is probably free.






            share|improve this answer













            Defaulting on student loans is, along with back taxes and child support, one of the three cases where a court order is not required for wage garnishment. This article spells out remedies against such defaults. For example, they can intercept your tax refund, Social security payments, or your wage. They can take up to 15%, but not more than 30 times the federal minimum wage. So yo don't need to have signed a single thing other than the original loan agreement. That does not guarantee that your particular situation is iron-clad, but it is not obviously legally improper. The only way to be sure is to hire an attorney to fight the garnishment. A brief initial consultation is probably free.







            share|improve this answer












            share|improve this answer



            share|improve this answer










            answered 7 hours ago









            user6726user6726

            62.4k456110




            62.4k456110












            • Thanks - that is exactly my question. I want to always pay, I just felt that this suddenness was, well, sudden, and if I should speak with legal representation. I'll have a quick consultation and weigh options.

              – Mikey
              6 hours ago











            • "not more than 30 times the federal minimum wage" What does this mean? The minimum wage is dollars per hour. A garnishment is just dollars.

              – Acccumulation
              2 hours ago






            • 1





              It's complicated as explained by Dept. of Labor here: dol.gov/whd/regs/compliance/whdfs30.pdf. It is based on "disposable earning" which is earning minus legally required deductions. Normalize earnings into weekly pay. Find the lesser of disp. earnings, or the amount by which an employee's disposable earnings are greater than $217.50 (currently) = 30*7.50. The wage figure is basically an index into "cost of living".

              – user6726
              2 hours ago

















            • Thanks - that is exactly my question. I want to always pay, I just felt that this suddenness was, well, sudden, and if I should speak with legal representation. I'll have a quick consultation and weigh options.

              – Mikey
              6 hours ago











            • "not more than 30 times the federal minimum wage" What does this mean? The minimum wage is dollars per hour. A garnishment is just dollars.

              – Acccumulation
              2 hours ago






            • 1





              It's complicated as explained by Dept. of Labor here: dol.gov/whd/regs/compliance/whdfs30.pdf. It is based on "disposable earning" which is earning minus legally required deductions. Normalize earnings into weekly pay. Find the lesser of disp. earnings, or the amount by which an employee's disposable earnings are greater than $217.50 (currently) = 30*7.50. The wage figure is basically an index into "cost of living".

              – user6726
              2 hours ago
















            Thanks - that is exactly my question. I want to always pay, I just felt that this suddenness was, well, sudden, and if I should speak with legal representation. I'll have a quick consultation and weigh options.

            – Mikey
            6 hours ago





            Thanks - that is exactly my question. I want to always pay, I just felt that this suddenness was, well, sudden, and if I should speak with legal representation. I'll have a quick consultation and weigh options.

            – Mikey
            6 hours ago













            "not more than 30 times the federal minimum wage" What does this mean? The minimum wage is dollars per hour. A garnishment is just dollars.

            – Acccumulation
            2 hours ago





            "not more than 30 times the federal minimum wage" What does this mean? The minimum wage is dollars per hour. A garnishment is just dollars.

            – Acccumulation
            2 hours ago




            1




            1





            It's complicated as explained by Dept. of Labor here: dol.gov/whd/regs/compliance/whdfs30.pdf. It is based on "disposable earning" which is earning minus legally required deductions. Normalize earnings into weekly pay. Find the lesser of disp. earnings, or the amount by which an employee's disposable earnings are greater than $217.50 (currently) = 30*7.50. The wage figure is basically an index into "cost of living".

            – user6726
            2 hours ago





            It's complicated as explained by Dept. of Labor here: dol.gov/whd/regs/compliance/whdfs30.pdf. It is based on "disposable earning" which is earning minus legally required deductions. Normalize earnings into weekly pay. Find the lesser of disp. earnings, or the amount by which an employee's disposable earnings are greater than $217.50 (currently) = 30*7.50. The wage figure is basically an index into "cost of living".

            – user6726
            2 hours ago











            2














            If this is a federal student loan, I would check with the U.S. Department of Education to make sure you have any federal loans in default and what agency is servicing them.



            If it is a case of federal loan default, there is little legal recourse other than trying to return the loan to good standing.



            https://studentaid.ed.gov/sa/repay-loans/default






            share|improve this answer








            New contributor




            zeroone is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
            Check out our Code of Conduct.
























              2














              If this is a federal student loan, I would check with the U.S. Department of Education to make sure you have any federal loans in default and what agency is servicing them.



              If it is a case of federal loan default, there is little legal recourse other than trying to return the loan to good standing.



              https://studentaid.ed.gov/sa/repay-loans/default






              share|improve this answer








              New contributor




              zeroone is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
              Check out our Code of Conduct.






















                2












                2








                2







                If this is a federal student loan, I would check with the U.S. Department of Education to make sure you have any federal loans in default and what agency is servicing them.



                If it is a case of federal loan default, there is little legal recourse other than trying to return the loan to good standing.



                https://studentaid.ed.gov/sa/repay-loans/default






                share|improve this answer








                New contributor




                zeroone is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
                Check out our Code of Conduct.










                If this is a federal student loan, I would check with the U.S. Department of Education to make sure you have any federal loans in default and what agency is servicing them.



                If it is a case of federal loan default, there is little legal recourse other than trying to return the loan to good standing.



                https://studentaid.ed.gov/sa/repay-loans/default







                share|improve this answer








                New contributor




                zeroone is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
                Check out our Code of Conduct.









                share|improve this answer



                share|improve this answer






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                answered 7 hours ago









                zeroonezeroone

                311




                311




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