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Yes, if your student loans were Federally Guaranteed, like Stafford, Plus, or Perkins, then the collection agency is permitted to garnish any wages or Social Security income. This is within the Federal Guidelines.

There are only 2 ways to get out of default on your Federally Guaranteed student loans.

  1. Contact your collection company or student loan servicer and request to enter the rehabilitation program. Most people qualify, but I have seen some refused when the default is over 10 years old. In the rehabilitation program, you will need to make 9-12 on-time payments in addition to your garnishment. After the 9-12 on-time payments, they should stop the garnishment, but you will stay in a default status until your Rehabed loans are sold to a new lender. In the past, that was an easy process, but in these turbulent financial times, other lenders are not buying rehabed loans. So, with this option your loans will stay in a Default status for the forseeable future.
  2. The second way you can get out of default and have your garnishment lifted is to consolidate your loans. These days very few Federal lenders will consolidate defaulted loans and your lender will probably not release the loan for consolidation while in a garnishment stage. The good news is, there are a few companies out there that will help you get a garnishment lifted and find a Federal lender to consolidate the loans. One good example is Default Management Services, Inc. They are the cheapest I have seen and give a 100% money back guarantee on their services. You can Google the company name to get the phone #. Ask for Doug.
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14y ago
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14y ago

No. Your Social Security income will usually not be listed under the types of income that can be garnished but wages and tax returns etc can. If you are only receiving Social Security, you may be eligible for some type of financial hardship deferment or alternative payment arrangement to pay off your students loans. You should contact your lender to discuss the options.

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Q: Is it legal for your social security disability to inform you that your income is being garnished by a school loan?
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Which website can inform me about social security disability?

The website you are most likely going to get the most accurate information from is ssa.gov. That is the official social security website where you will be able to find anything about social security including disability benefits.


How do you keep Social Security disability income safe from debt collectors in Oregon?

By law, debt collectors other than the US government can't touch your Social Security benefits, but they can levy other assets or income. The best way to keep your disability income safe is to open a separate bank account and use it exclusively for your monthly government check(s). You can also inform the collectors that attempting to garnish your benefits violates Section 207 of the Social Security Act (42 U.S.C. 407). For more information, see Sources and Related Links, below.


What is the Difference between disability insurance and disability income insurance?

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Can senior citizen's Social Security and pension benefits be garnished for non payment of credit card debt?

No. If a creditor other than the federal government tries to garnish your Social Security benefits, inform them that such an action violates Section 207 of the Social Security Act (42 U.S.C. 407).


Can the IRS garnish your ssi back payments?

NO- SSI, Supplemental Security Income payments cannot be levied or garnished.But SSDI payments can be garnished by a Federal Government agency (IRS, tax, defaulted student loans).And if a creditor other than the federal government tries to garnish your Social Security benefits, inform them that such an action violates Section 207 of the Social Security Act (42 U.S.C. 407).Section 207 bars garnishment of your benefits. It can also be used as a defense if your benefits are incorrectly garnished. Our responsibility for protecting benefits against garnishment, assignments and other legal processes usually ends when the beneficiary is paid. However, once paid, benefits continue to be protected under section 207 of Act as long as they are identifiable as Social Security benefits.http://ssa-custhelp.ssa.gov/app/answers/detail/a_id/426/related/1


Can you work and still get social security?

In UK Disability Benefit or DLA is paid regardless of work. ie Anyone can claim even if they work. If you claim Income Support or Incapacity Benefit as well, you are allowed to do 16 hours therapeutic work PW,with no effect to benefit entitlement. You must inform the DHSS of any work undertaken


Can a social security disability check be garnished for a repossession?

Only federal government can garnish your Social Security check, and only for limited purposes, such as payment of child support, alimony, delinquent taxes, and debt to other federal agencies. Federal law prohibits creditors from garnishing social benefit checks, such as Social Security, unemployment, workers' compensation, SSI, VA benefits, and so on If a creditor other than the federal government tries to garnish your Social Security benefits, inform them that such an action violates Section 207 of the Social Security Act (42 U.S.C. 407).


Can your Social Security check be taken for restitution from an accident?

No. If a creditor other than the federal government tries to garnish your Social Security benefits, inform them that such an action violates Section 207 of the Social Security Act (42 U.S.C. 407ssa-custhelp.ssa.gov/app/answers/detail/a_id/426If a creditor tries to garnish your social security check, inform them that unless one of the five exceptions apply, your benefits can not be garnished. You also may want to provide this same information to your financial institution and seek legal assistance if you believe it is needed.Section 207 of the Social Security Act (42 U.S.C. 407) protects Social Security benefits from assignment, levy, or garnishment. However, the law provides five exceptions:Section 459 of the Act (42 U.S.C. 659) allows Social Security benefits to be garnished to enforce child support and/or alimony obligations;Section 6334 (c) of the Internal Revenue Code (26 U.S.C. 6334 (c)) allows benefits to be levied to collect unpaid Federal taxes;Section 3402 (P) of the Internal Revenue Code allows beneficiaries to elect to have a percentage of their benefits withheld and paid to the Internal Revenue Service to satisfy their Federal income tax liability for the current year;The Debt Collection Act of 1996 (Public Law 104-134) allows benefits to be withheld and paid to another Federal agency to pay a non-tax debt the beneficiary owes to that agency: andThe Tax Payer Relief Act of 1997 (Public Law 105-34) authorizes the Internal Revenue Service to collect overdue federal tax debts of beneficiaries by levying up to 15 percent of each monthly payment until the debt is paid. The Social Security Administration's responsibility for protecting benefits against legal process and assignment usually ends when the beneficiary is paid. However, once paid, benefits continue to be protected under section 207 of the Act as long as they are identifiable as Social Security benefits using normal banking practices. For example, only social security benefits are deposited into a particular bank account.Go the SSA.gov SOCIAL SECURITY ONLINE website and use the search box for 129.2 Can your Social Security benefits be levied or garnished?If you have any unpaid Federal taxes, the Internal Revenue Service can levy your Social Security benefits. Your benefits can also be garnished in order to collect unpaid child support and or alimony. Your benefits may also be garnished in response to an order of the Mandatory Victims Restitution Act. SSI payments cannot be levied or garnished. Treasury's Financial Management Service can also offset, or reduce, your Social Security benefits to collect delinquent debts owed to other Federal agencies, such as student loans owed to the Department of Education.


Could you inform me about social security death benefits?

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If you've lost your restricted area badge you must inform whom immediately?

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Is a business required to let you know if they use security cameras?

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