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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

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Wiki User

15y ago

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Related Questions

What would qualify as a hardship defense to stop wage garnishment?

The law does not recognize "hardship" as a valid defense against the execution of a judgment writ in any manner including income garnishment. The judgment debtor/garnishee can file a motion requesting the lowering of a garnishment amount due to the fact that it constitutes a 'hardship' upon themselves and/or their immediate family. An example would be the maximum garnishment (25% of disposable income) granted against the head of household that results in she or he being unable to properly clothe, feed, house, provide medical care, etc. for his or her dependents.


How do you get the sheriff to lower your garnishment if it does not leave you enough money to live on.?

The sheriff is not the person that the debtor needs to contact. The debtor must send their response to the court that issued the garnishment order. In many cases the judge will amend a garnishment amount if the debtor qualifies as "head of household" and can prove the original percentage constitutes a hardship to the family. Bear in mind that under federal law the first $154.50 (based on weekly pay) is exempt from garnishment.


How can you stop your check from being garnished for student loans or lower the payments?

You can definitely challenge the garnishment if it causes financial hardship to you or your family members. You'll have to be prepared to show proof of your hardship situation. When providing documents they will have to see monthly and annual income and on top of that, you'll have to provide them your household expenses (Bills and such). Remember they will consider cable, time shares, and credit cards as luxury expense so be prepared to show them only your necessities. Here are the possible outcomes... 1) they will suspend garnishment for 6 months... 2) they will reduce your garnishment amount... 3) they will calculate a voluntary payment amount you could pay 4) They will deny your appeal... 5) they will ask you to make payments on top of the garnishment.


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