Reach Out Today

If you or someone you know needs financial help, please do not wait to retain counsel. Contact Lewis Roberts, PA today!

Wage Garnishment Due to Student Loan Default

by Lewis Roberts, Florida Bankruptcy Lawyer

Death and taxes are typically what most people think they cannot avoid. But people forget federal student loans as well. Since the federal student loans involve the federal government, you are going to be hard pressed to ignore them.

A garnishment can come for different reasons. The first thing you have to understand is that there are federal student loans and private student loans. For a private student loan to garnish someone, they must first sue you in court, get a judgment, then execute the garnishment (usually against a bank account or your paycheck).  For a private loan, you have to be served with he lawsuit, then there are multiple steps inside the lawsuit, then garnishment… so it really shouldn’t sneak up on you.

Federal student loans are gravely different.  They will send a letter to you informing you of the intent to garnish your wages if you don’t start making payments. If you don’t get into a repayment plan, then they are going to send a notice to your employer to start garnishing you.

That is it. Basically, straight to garnishment. No lawsuit needed for the government.

There is no reason to let that happen to you. It is easier than you think to get out of default and into a rehabilitation to pay back your federal student loans.

In most cases, you should be able to pay back based on your income. And in some cases, your payment might be $0.00 per month. Correct, you are “paying back” your federal student loans, but might not even have to send a check each month.

I have worked with collection agencies that have defaulted federal student loans placed with them. They have been surprisingly easy to deal with. They are actually looking to place people into affordable payment plans. It does no one any good for you to not be paying your loans back.

Some of these agencies will remove the garnishment within a few paychecks. But almost all of them are releasing the garnishment within 5 months. Once you complete the rehabilitation, or when the garnishment is lifted, there are other options as well to get into a permanent repayment plan.

We have had a credit card crisis, then a housing crisis already. Don’t let the student loan crisis become an unnecessary crisis for you.

Call me at (407) 749-0080 to learn your options with your student loans.

{ Comments on this entry are closed }

Florida Foreclosure Law Firm Butler & Hosch Closes Its Doors

Some of you may have recently read that local mortgage foreclosure firm Butler & Hosch, P.A., is shutting its doors, effective immediately. (See story here: But what may be uncertain is how will this affect your foreclosure case? The very simple answer is that it will remain to be seen. I have some experience with […]

Read the full article →

Professional License Suspended for Not Paying Your Student Loans?

How to add insult to injury?  You are struggling to pay your student loans and the State of Florida suspends your professional license for not paying them… or even adding a fine on top of your student loan bill. This can happen in Florida.  The applicable statute 456.072 reads: 456.072 Grounds for discipline; penalties; enforcement.— (1) The following acts […]

Read the full article →

Understanding Your Student Loan and Repayment Options

I should get over the shock of how many student loan borrowers, now graduates, truly don’t understand their own loans. I follow some student loan borrower groups on Facebook.  I will leave aside their repeated discussions of complete loan forgiveness by the government.  (Don’t count on it.)  And I will also ignore, until a later blog […]

Read the full article →

Florida Foreclosure Process – Service of the Foreclosure Law Suit

(written by Jonathan Paul, Associate Attorney) It has now been several months since you were unable to continue paying your mortgage. You may have made the decision to stop paying the mortgage for any number of reasons. But most likely you decided that you could no longer keep the lights on and the family fed […]

Read the full article →

Payday Lender Harassment

I would bet money that 99% of the time calls to collect a past due payday loan are a scam.  Shocking, right?  (sarcasm font off) Not one day goes by that a client, former client, or someone on asks about a debt collector threatening them with arrest or someone waiting around the block to […]

Read the full article →

Florida Foreclosure Process – Default

(written by Jonathan Paul, Associate Attorney) This is the first in a series of blog posts addressing the progression of the Florida foreclosure process. These entries are broad and general in nature, and will not apply to each and every case. I have undertaken the defense of several hundred mortgage foreclosure actions, and they all […]

Read the full article →

Have You Cosigned Someone Else’s Student Loans?

Here is another gut wrenching story.  Not only to lose a child, but then be harassed by a creditor… Grieving parents hit with $200,000 in student loans If these had been federal student loans, Mason could have had the loans discharged or at least received some sort of financial assistance. But since they are private […]

Read the full article →

Student Loan Questions Answered for Graduates

Recently, I was asked to answer some questions for an upcoming article on student loans.  Below is the excerpt to be published. Do you have any tips for a working college freshman who has just taken out student loans? Should they aim to start saving to pay their loans back right away? ​If they are […]

Read the full article →

Who Is Dyck O’Neal and Why Is He Suing Me?

Dyck O’Neal Lawsuits in Orlando, FL I was at the courthouse the other day looking at lawsuits filed in Orange County in State Court. I only looked at lawsuits filed during May 2014. There were over 100 lawsuits filed by Dyck O’Neal Inc against various defendants.  Again, this is Orange County alone.  It does not include other […]

Read the full article →