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Individual Rights Before Wage Garnishing

Some people are unfortunate enough to find themselves in a position where they are contacted by a state or federal agency about an old debt, or even those with delinquent student loans, find themselves facing a wage garnishment through an employer. The process of having to pay off a debt can be embarrassing and financially devastating for individuals and their families, make sure you are not alone. There are rules and guidelines available that can help you settle a debt without having a wage garnishment from your paycheck, but those first must be certain about the validity of the claim. Student loan garnishments as well as state garnishments can be frustrating and something to avoid if possible.

If a claimant is in doubt, that person must provide the creditor or other agency filing the claim with documentation or other evidence if:

1. The full amount claimed has already been paid or settled.

2. The claimed amount is actually paid in installments, done on time.

3. The claim amount is incorrect because the previously submitted payments have not been credited to the account.

4. The amount of the claim was discharged in bankruptcy.

Sometimes, an amount claimed may not be enforceable or dischargeable if:

1. The school or company claiming an amount must be closed or no longer in business.

2. A certified Ability to Benefit school for an approved loan.

3. An unauthorized signature or forgery of the borrower/debtor’s name on the disbursement note or check.

4. Cancellation of Public Service.

5. Unpaid repayments owed by a school or business to the borrower.

6. Death or permanent disability of the borrower/debtor.

Wage garnishment is used only as a last resort to collect debts after all other attempts to obtain payment on a voluntary basis have failed. Creditors often make many attempts to try to convince the debtor to repay the debt voluntarily, most often creditors are more than willing to work on a reasonable payment plan that works well with the debtor’s financial situation to avoid garnishment of checks. Only then, when a voluntary agreement cannot be satisfied, the creditor will issue a wage garnishment order to the debtor to recover this debt.

After receiving a Notice of Intent to Garnish, the borrower has 30 days to file a request to object to the garnishment action. If the request is filed within these 30 days, the wage garnishment will be suspended until a decision is made, which decides whether a wage garnishment should be pursued to enforce this debt. It is always important to know your rights as a borrower/debtor and to have all agreements documented. Before taking any action, it is also important to inform yourself about the rules and regulations that apply in the state where the borrower/debtor resides to avoid wage garnishment.

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