Can a collection agency garnish my wages for a student loan in default if they are not the guarantor of my loan?
3 attorney answers
The debt collector is not administering the wage garnishment. They merely recommend it to their client, the guarantor. They are free to make this recommendation once they have the account for 60 days, or earlier if you explicitly refuse to voluntarily pay. They often screw this up and interpret a dispute about repayment into a refusal.
You need to get your loan out of default ASAP. The debt collector is getting up to 25% of each garnishment. Don't let them win. Get out of default and onto an affordable repayment.
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Yes. You can demand the debt be verified, but if they're representing the creditor, they certainly can do it.
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Collection agency's frequently and legitimately become involved in student loan collections. You should be able to request a payment history from the guarantor to verify. Best of luck in your financial future.