sons wages garnished

Submitted by moohair2 on Mon, 05/02/2011 - 16:50
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My son dropped out of college after becoming addicted to heroin nearly 7 years ago. He has been at the bottom of the depths of hell for several years now. He is currently in a methadone maintenance program which has allowed him to get a part-time job. I have supported him off an on for over 7 years. Once he went back to work, Sallie Mae garnished his wages. (at least he is fairly certain that it is Sallie Mae) He had no idea they were going to do this and was stunned to see that his last paycheck was deducted over $300.00. They have taken nearly 88% of his check which leaves him virtually no ability to pay rent or live in any way. I had obtained a pile of mail for him but never knew where to send it as he has drifted from place to place over the years. I would ocassionally get an urgent call that he was desperate for this or that and would Western Union him rent money, etc. He stayed in a little more contact with my mother in Arizona and ened up out there more permanently about 3 years ago. He told me about a year ago to just throw all the old mail out which I did. (actually burned most of it) Now Sallie Mae is saying that they have every legal right to take as much as they feel is necessary to get their money back. I am sure that somewhere in all that paperwork was a notice that they would go for further legal action. I have also gotten at least a hundred thousand phone calls in the last five years but have repeatedly told them all the same thing; my son has not lived in this location for many years and because we had become so estranged I did NOT know how to reach him. That he would call me once in a blue moon and the best I could do is take a message for them. I asked them all repeatedly to stop calling this house because he didn't live here but the calls persisted for many years. It has only been in the last year that I have not gotten any more calls. Did I do him a great injustice by throwing the mail away like he asked me to? Can they really just attach wages and base it on the fact that the last known number he had was a parental number and that the messages left for him should have been answered? I am going to scour the newspaper online (I don't get a newspaper delivered) to see if they have taken out some kind of advertisement for a lawsuit. Please tell me what options we have at this point. I have only in the last year been in a bit closer contact with my son. He seemed to be making a heartfelt effort to rejoin the living and we all know he is one hell of a long way from full functionality. He is on state medical aid to get his daily treatments and lives in a very tiny one room studio type of apartment. He is riding the bus to and from work from what I understand. (he lost his license about 5 years ago to a dui and could never cobble the thousand or so $ it is going to take to get it back) There is not even a shadow of doubt in my mind after speaking to him several times in the last few months that another blow such as this is going to push him over the edge and he assuredly will commit suicide. How do I help him? Can they really just contact the bank he uses and attach his wages? Don't they have to at least do some kind of investigation? No one has ever come to the house to serve any kind of papers or ask how to reach him. Don't they have to do something of that nature? How can they take nearly 90% of gross wages and leave a person with virtually nothing? Honestly, I am thinking of telling him to change his identity! But I am not certain that would work anyway, nor do we want to cause problems for anyone else. This kid is making less than $8.50 an hour which is virtually impossible to live on anyway. If he has to get another job to try and make enough to pay bills, he will lose his state medical assistance and that is truly and honestly the only thing keeping him alive at this moment. If they would have ever contacted me and spoken to me about him I would have told them he was in danger. I am quite ill myself (I have MS and RA) and have been unable to work for over 16 months living off of the generosity of my overworked and overburdened husband. I can possibly try to get a job and might be able to put in 5 to 7 months before collapsing or ending up in the hospital but I am not sure that is going to help him. I may just drop dead as my disease is advancing and then I won't be of any help to him. What do I do to help my very fragile son to at least get this garnishment reduced? He is in no shape to try and make a cohesive argument on his own behalf so I am willing to step up and help him especially since he has asked for my help. Can the bank share anything they received from Sallie Mae? Can I make payment arrangements or negotiate a settlement with them on his behalf? Hasn't the Obama administration provided some kind of relief or amnesty to delinquent studen loan holders? Where do I start? Thank you in advance for any assistance you can provide.

First of all, you must know about the exact debt amount. There after you may get his debt validated. Only then, you'll be able to look for a possible settlement.

Tue, 05/03/2011 - 12:11 Permalink
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Tue, 06/04/2019 - 03:10 Permalink