I have an attorney sueing me for pat due student loans. I consistently told these people my student loan was with the department of education and was deferred. Well about 6 months ago I found the original form. realizing my error I set up payment arrangements and stuck to them. I was late about twice.
They sent some form wanting me to sign I did not respond but kept making payments.
I then get hit with a law suit for garnishment. I am currently unemployed and should be recalled to work with a few weeks. My job has consistently said they do not garnish wages they get rid of you. I have read what the laws may say but this is what my employer has said.
My question is how can I stall this out until I get my tax refund. With that I will have the money to pay this debt off and get these people out of my hair.
This is the state of missouri if that helps.
Thanks for any info.
What kind of form did they send you? Were you wrong and the loan was not actually deferred? First of all your job is not allowed to let you go due to a garnishment. At least not one. Here in PA they can charge for having to garnish your check (your employer) but they can not fire you for ONE judgement.
Now have you called this atty office and asked why they are taking it this far and maybe there is another route you could go? That would put them off. This judgement is not going to happen overnight. If they jut sent you the letter then the court process may take up to a couple months alone.
What stage is this garnishment in? Is their a date set yet? Usually garnishments have to be set by a judge they can not just do them. Let us know if you have recieved a court summons or just a letter from the lawyer threatening judgement.
Hi Kaska
In Missouri, your wage can be garnished if the creditor can bring a judgment against you. However, the Federal law does not allow your employer to fire you if the garnishment is for the first time. However, if you have a wage garnishment for the second time, the employer has the right to fire you.
On getting the garnishment order, the creditor sends an income execution notice to the Sheriff and you will get a notice from the sheriff with a period of 20 days to respond. Within this period, you may contact the sheriff for a repayment plan and avoid garnishment.
It may be for your best interests to pay this debt off before it reaches your employer. I see that you are worried about your job and although they can not fire you for a garnishment they may do it for other reasons knowing they can not use the garnishment against you. If you worked there along time this could effect your work history record and future work. However if they do ire you for the garnishment you may have legal recourse.