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Would a state or federal garnishment be less as applied to a student loan in New York state?
Wiki User
∙ 18y ago
The maximum federal garnishment is 25% the maximum NY state garnishment is 10% (this does not apply to child support or spousal maintenance). Therefore the state garnishment would be the lowest, but if the student loan(s) are federally subsidized the law may allow for the higher federal garnishment to be used depending upon the person's financial status. Such issues as being disabled, head of household, and so forth would be a factor in the percentage of garnishment allowed.
Wiki User
∙ 18y ago
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If sued for a credit card debt and there are not any assets will wages still be taken even if it causes hardship?
Decisions concerning wage garnishment and the amount that can be garnished are left to the presiding judge. The maximum amount under federal law is 25% of disposable income with the first $154.50 of weekly salary exempt from garnishment. Many states have established garnishment laws where the percentage allowed is lower than the federal; the lowest percentage is the one that is applied. All garnishment action is subject to appeal and modification if the garnishee can present proof that it would constitute an "undue hardship" on themselves and/or dependents. There are four states that do not allow garnishment for creditor debt, Texas, Pennsylvania, N.Carolina and S.Carolina. Several states such as Florida have limited garnishment laws making such action difficult to enforce.
What is the maximum wage garnishment in the State of Alabama and would is a garnishment dischargeable in bankruptcy?
The state uses federal garnishment guidelines which would be a maximum of 25% of disposable income with the first $154.50 of weekly salary exempt from garnishment. The 25% only applies to creditor garnishment, it does not apply to court ordered child support, tax arrearages, and in some cases spousal maintenance or personal injury awards. Garnishment for those issues can be as much as 50% depending upon the circumstances and the decision of the judge. Wage garnishment for creditor debt can be eliminated in bankruptcy. Garnishment for the other issues cited such as child support cannot.
Does new york allow garnishment of wages?
The law allows only one garnishment procedure at a time, they are taken in priority; for example a wage garnishment for child support would supercede a garnishment for credit card debt. The maximum for creditor debt in N.Y. is 10% of gross income (income before any deductions). The maximum for child support is 25% of disposable income (income left after state and federal taxes, social security, medicare, pension, etc.) When pertaining to garnishment by creditor lawsuits the law allows the state percentage to be used if it is lower than the federal amount. Pursuant to federal law, the first $154.50 of weekly income is exempt from garnishment.
Where can you apply for a federal student loan?
The main place that i would suggest to go for to apply for a federal student loan would be your local bank branch. Go there and speak to one of the advisors about the best loan that would be suited for you.
If you receive a notice that wages will be garnished for a student loan. What should be done?
If you voluntarily pay them more then they would get garnishing you, faster then they would get it from garnishment, they may choose not to garnish.You can also appeal the garnishment and attempt to prove it would cause you undue hardship. You would need to provide documentation of all household income and expenses. Appeals can be made at any time, but will not stop garnishment while pending unless they're received by the loan holder within 30 days of the date your garnishment notice was sent.
Where would you recommend applying for federal loans for college?
The US Government operates a student financial aid office called "Federal Student Financial Aid"". They also offer a program called Free Application for Federal Student Aide, commonly referred to as FASFA.
Am I eligible for federal student loans if I attend dog grooming school?
Federal Student loans are available only for educational purposes. A dog grooming school would not qualify as such.
What would be the benefit of consolidating your private and federal student loans?
One benefit of consolidating your private and federal student loans is that it would lower your monthly payments. Another benefit of consolidating student loans is that the variable interest rate on the loan can be switched to a fixed interest rate.
How can you stop student loan garnishment if it will cause extreme hardship on your family?
*************************** From student loan GUY at www.studentloanfundamentals.com You can surely challenge the garnishment IF it is causing financial hardship... Here is how to stop the garnishment: Financial Hardship: You can challenge the garnishment by submitting what is called a "financial statement". Along side with the financial statement you would want to submit all of your bills and expenses. (Remember they consider credit cards, Timeshares, and such as luxuries) If you have medical bills or medical problems make sure that you include proof of this... Non-Financial Hardship: Negotiate a minimum payment that is a qualifying amount for the "Rehabilitation payment program". This is going to sound silly but hear me out.... MAKE PAYMENT ON TOP OF THE GARNISHMENT.... after 9 months your garnishment will cease and you will have most of your collection fees waived... Best of Luck... Mr. K Rogue student loan collector
How do you write a garnishment dispute letter?
The procedure would be to file a motion in the court where the garnishment was ordered to request the writ of garnishment be vacated or amended.
Can a lawyer help you with student loan garnishment?
If you are asking for legal advice, then you would need to ask an attorney.If you need help getting out of default, or getting a garnishment lifted, then contact Default Management Services, Inc. for help. You can Google the name for a phone #. Ask for Doug, he is knowledgeable.
Can you have a federal garnishment if you already have a garnishment?
In the US, a defaulted student loan is turned over from the Guarantee agency to a Federally approved collection agency. This collection agency can garnish your wages. If your loans are with various lenders and turned over to multiple collection agencies after default, then I think it would be possible to have multiple garnishments, but collectively they can not be more than 15% of your salary. If more than 15% is being taken, then you should contact the Ombudsmans office at the Dept of Education. He is there to help you. If you want help consolidating your defaulted loans and stopping the garnishment, click on the link at the bottom of this text box.
