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Student Loan Wage Garnishment: How Default Can Gut Your Paycheck

Wage garnishment can take up to 15% of your paychecks, but you can stop this by getting loans out of default.
June 5, 2019
Loans, Student Loans
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Student loan wage garnishment works like this: Default on your federal student loans and the government can take up to 15% of each of your paychecks to satisfy the debt. That amounts to $300 a month for someone who normally takes home $2,000 each month.

“It’s a very powerful collection tactic that can really devastate the financial lives of the people subjected to it,” says Joanna Darcus, a staff attorney at the National Consumer Law Center who works with low-income student loan borrowers. “They can’t afford to pay their rent, buy their medicine, buy clothes for their kids and also pay a large percentage of their wages toward their student loan.”

If you received notice of garnishment or are already in the thick of it, don’t panic; you have options that are far less painful than a 15% hit to your paycheck.

» MORE: How to get out of student loan default

How to stop student loan wage garnishment

The ideal time to take action is when you begin missing student loan payments. At that point, your loan servicer can help you explore other repayment options, including income-based plans that cap your monthly payment, and deferment or forbearance, which pause repayment altogether.

» MORE: Deferment vs. forbearance: Which is right for you?

Once your loans are in default — nearly nine months past due for most federal loans — those options are off the table until your loan is in good standing. You can rehabilitate your loans to move out of default (more on that below). You also have a brief window to consolidate your federal loans (combining them into a single loan with its own interest rate) before the Education Department, via a private collection agency, moves to garnish your wages.

The collection agency handling your federal loans will notify you by mail before it starts garnishing your wages. The notice serves as your 30-day warning. During this time, you can stop the process by negotiating payment arrangements with the agency. The key: It must receive your first payment in that 30-day window.

You can stop the process by negotiating payment arrangements with the agency.

If you can’t make a payment within that window, request a hearing to appeal the garnishment. To prevent student loan wage garnishment from starting, you must request the hearing in writing within 30 days of the date on your collection notice. You can still file an appeal after garnishment starts, but the collection agency will continue to take up to 15% of your take-home pay while the case is reviewed, which can take two to three months.

A hearing sounds intimidating but it’s no more than a long form detailing your income, debt and expenses. The goal is to stop or reduce garnishment.

“You hear the word ‘hearing’ and think, ‘Oh my god, I need an attorney!’ But it’s just a basic exchange of information,” says Betsy Mayotte, founder of The Institute of Student Loan Advisors.

Contact the collection agency handling your loan to talk about payment arrangements or get details on a hearing request. Not sure whom to call? Log in to your StudentAid.gov account to find out who is managing your loan and how to reach them.

» MORE: How much are collection costs on defaulted student loans?

Rehabilitate your loan

Loan rehabilitation is a one-time “Get out of default” card. It reduces collection costs and stops activities like student loan wage garnishment and the withholding of tax refunds and Social Security payments. Here’s how rehabilitation works:

The collection agency sets a monthly payment, typically 15% of your discretionary income. If you can’t afford that amount, you can request an alternative payment, which could be as low as $5 a month.

You’ll need to provide documentation, like copies of pay stubs and bills, and complete a detailed form to help determine the alternative amount. Any wages garnished due to defaulted student loans will be considered among your expenses.

Wage garnishment will stop after your fifth qualified rehabilitation payment.

Make nine payments of the agreed-upon amount within 10 months and your loans move out of default. Any wage garnishment will stop after your fifth qualified rehabilitation payment. And you’re again able to pause repayment or choose a plan that works for you, including several income-based options that could drop your monthly payment to $0.

Once out of default, take care to stay out. Make your payments each month. Recertify your income every year if you’re on an income-based plan. And call your loan servicer if you run into trouble. If you default a second time, you’ll have fewer options.

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This article was written by NerdWallet and was originally published by The Associated Press. 

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