Can a debt collector garnish my wage without a judgment?
I am going through student loan hell. Trying to consolidate loans and running into walls (repeatedly). I am getting overwhelmed.
Can a debt collector garnish my wage without a judgment?
I am trying to consolidate a loan that has defaulted. It defaulted while in consolidation proceedings. The debt is now owned by PHEAA, a collection agency. Now I'm trying to roll PHEA into the consolidation. PHEAA says they are going to deny my consolidation and issue a wage garnishment. I've checked my credit report and there is no judgement against me.
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They can garnish student loans without a court order.
Debt collectors in general cannot garnish wages without a judgement in court. Student loans (the federally insured ones) are different, however. They (and the IRS) can garnish wages without a judgement. They can also grab your tax return.
However, with student loans you do have a concept of hardship deferral, which can help keep them off your back.
No, a collector can only nag till you give up and pay. Some collectors will harass and threaten you which is illegal. The collectors will go to lengths and lie big time telling you they will breach into your house, seize your assets and your XBox, etc - anything to make you pay. All your property and your income are yours until a court decides otherwise.
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