Can a student loan creditor garnish my wages

Asked over 5 years ago - Kailua, HI

A collection agency has taken over my delinquent [removed by Avvo] loan and is now threatening to garnish my wages. Can they in fact do that? How can i prevent it?

Additional information

yes this is my question my mother had a student loan in the 80's it went into default
the IRS took her income tax until the debt was settle. now in 2008 a collection agency
acting on behalf of the department of education has sent a letter not a court order
to my mother's job requesting to garnish my mothers pay. This collection agency sent my
mother a letter demanding she pay or prove she doesn't own it. they said she had 30days
to respond they didn't allow her 30days because they started taking money out of her
payroll and her job allowed it. my question is this wouldn't this collection agency acting on behalf of the department of education have to sue my mother and win and then have a court
order sent to her job stating that they are allowed to garnish her payroll?

Attorney answers (1)

  1. Gabriel Cheong

    Pro

    Contributor Level 16

    Answered . Note that I am not licensed to practice in your state.

    Yes they can and you can prevent it by paying the loan. Student loans stay with you forever and cannot be discharged in bankruptcy. You must pay it. There is no easy solution.

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