Can a collector garnish my wages because a student loan?
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Can a collector garnish my wages because a student loan?
They’re already garnishing my tax refund. I just receive a letter from the collector but there has been no tribunal process.Can I file for bankruptcy?
Asked on January 30, 2013 under Bankruptcy Law, Texas
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Yes they can garnish your wages if the tax return does not satisfy the debt. And it is very difficult to discharge a student loan in bankruptcy. You generally have to show "undue hardship" in order to do so. Please speak with an attorney in your area. Good luck.
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Under the laws of all states in this country if there is a judgment against you for a monetary amount, the judgment creditor can garnish your wages or levy upon your bank account. As to filing a bankruptcy petition to discharge a student loan, I suggest that you consult with a bankruptcy attorney in that student loans ordinarily are not exempt from being able to be discharged in a bankruptcy proceeding.
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