A court judgment is not needed before collecting payment from wage garnishment, and up to fifteen percent of your disposable pay is up for garnishment, however you are entitled to thirty times the minimum wage, which is $7.25 an hour.
You are allowed to challenge a garnishment based on your income, employment status, and other reasons. It is important that you challenge your garnishment as quickly as possible, therefore increasing your chance of successfully challenging garnishment against you.
Once you receive your notice of garnishment against you, you have 30 days before garnishment begins. You are then notified about requesting a hearing where you may present evidence and give reasons as to why garnishment should not be allowed against you. By successfully requesting a hearing within the thirty day period of notice, your garnishment is put on hold. However if you are past your thirty day limit, garnishment will be seen through, and will end if you win your hearing.
You must have a valid reason as to why the garnishment against you is invalid for you to be able to request a hearing. Reasons as for requesting a hearing include but are not limited to; your have indeed repaid the loan in garnishment and you do not owe any money, you were relieved of your last job involuntarily and have held a steady job for less than twelve months, you are in the process of paying back your loan under a repayment agreement, or you have filed for bankruptcy.
It is important that the Department of Education or a guaranty agency notifies you before beginning wage garnishment on your student loans, for if not, you may use that as a reason to appeal your garnishment. You must also be offered the choice to challenge the garnishment or amount of wage garnishment or terms of the repayment schedule for the garnishment to be seen through.
If you are concerned or worried that you may be at risk for wage garnishment, it is important to contact your loaner or a student loan help center. Either may provide you with helpful information.
There is no quick fix for paying off your student debts, but student loan forgiveness programs can greatly help you. With the use of student loan forgiveness programs you will find yourself on the road to paying off your student loans at your own pace. For more helpful tips and information on paying off your student loans check back frequently on our blog.