Call Sallie Mae/Navient fax information to my job? I am behind on payments and near default. The last person I spoke with from Navient said that if I cannot make and agreement this evening that he would be faxing information to my employer. I asked him what he would be faxing and he said "you will see". I didn't think private loans could garnish in NC so what could he be sending? Is this legal? Can I get him to stop?
IF the student loan is a private student loan, then the creditor cannot garnish unless the creditor files suit and is granted a judgment against you. If the loan has been transferred to a 3rd party collector, then the Fair Debt Collection Practices Act. As I understand, in North Carolina, there are state laws that require the creditor that is the original holder of the debt must comply.
You should contact an experienced debt collection lawyer to review the facts with him/her. You can search for an attorney using the Avvo "Find a Lawyer" link at the top of this page,
Answers and comments provided are for general discussion only. My comments are not to be considered legal advice and they do not create an attorney-client relationship.
From the facts you provided, it certainly sounds as though the creditor is overreaching and using "strong arm" tactics. Anytime something must be done "this evening" you can almost guarantee that the ultimatum is bogus.
You are not my client and I am not your attorney. This advice is given in the spirit of the AVVO platform and is based on general legal principles. You become a client when you enter into a formal retainer agreement with me.
I agree with attorney Steingraber. Do not put up with this type of behavior. Let them know that you consider such veiled threats and aggressive behavior as unethical if not in outright violation of federal and state collection laws. If they are threatening action against you, they have a responsibility to outline exactly what that action is, why they are taking it, and what you can do to avoid it. If they have turned the matter over to an attorney or collection agency, then they are required to give you contact information for that attorney or agency. Keep good records of your conversations, including who you talked to (get their ID number, not just their name), dates, and what was said.
My advice is to hire an attorney to help you reach a resolution. The creditor will not treat an attorney the way it is treating you. An attorney will be able to stand up for your rights, help you understand what options are available, and move towards a solution if one is available.
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