16 Apr ADMINISTRATIVE WAGE GARNISHMENT AS A CONSEQUENCE TO STUDENT LOAN DEFAULT
Borrowers who are struggling to make their monthly student loan payments are often unaware of the exact consequences they face if they are unable to make those payments. A borrower is considered in default on their student loans when payments are two hundred and seventy (270) or more days overdue. Once the loans have been declared in default by the lender, the lender is able to ask a court to impose harsh penalties on the borrower who has been unable to keep up with his or her student loan payments.
One of the possible penalties that borrowers can expect if they are in danger of defaulting on their student loans or if they have already defaulted is administrative wage garnishment (AWG). AWG is a process by which a court orders a private employer to withhold a percentage of the employee’s paycheck in order to force the employee’s hand in repaying his or her debts. Courts obtain the power to impose this sanction Pursuant to the Debt Collection Improvement Act of 1996. Once AWG is imposed, borrowers often face a very difficult battle to escape AWG. Because of this battle, Student Loan Law Group urges borrowers to take immediate action to protect their rights before AWG is imposed.
Before AWG can legally be imposed, notice of the impending AWG must be sent to the borrower at least thirty (30) days prior to the start of the garnishment. Student Loan Law Group helps borrowers who have received a notice of potential AWG avoid this consequence. Attorneys with Student Loan Law Group can request hearings which may stall the garnishment if the garnishment has not already been imposed. Additionally, attorneys with Student Loan Law Group can also stop a garnishment that has already been imposed by helping borrowers enter into a rehabilitative repayment plan.
If a borrower is in default or on the verge of default, they likely need representation from an attorney in order to protect their rights. Most student loan debt relief agencies are not equipped to provide this service. Unlike other debt relief agencies, Student Loan Law Group is run by licensed attorneys who are able to provide competent legal representation to borrowers at AWG hearings. Student Loan Law Group advises borrowers to act as soon as they receive a notice that their student loans are facing default. Swift action and cure of default can avoid loads of frustration, penalties, costs, and time-consuming processes that coincide with default. Student Loan Law Group helps borrowers avoid defaults, cure defaults through negotiating an alternative repayment plan, and avoid or stop AWG from digging into borrowers’ paychecks.