What are my rights if my income tax refund is being garnished due to a defaulted student loan?

UPDATED: Aug 1, 2011

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What are my rights if my income tax refund is being garnished due to a defaulted student loan?

Student loans since 1993. After 10 years I that that they would stop asking

Asked on August 1, 2011 Texas


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Student loans are no longer able to be discharged unless there are extreme hardships and even then, you have to meet certain criteria. People pay student loans often for more than 10 years, especially if graduate schools come into play. If your student loans began in 1993, and 18 years has not been enough time to pay them off (whether by sheer size of the loan or based on late payments or no payments), then the lender has every right to seek every opportunity it can to obtain repayment. Ultimately, if it has reached your income tax refund, it has already proceeded with lawsuits and collection attempts against you. At this point, to avoid more damage, consider discussing a full settlement option with your lender or the collection agency and pay one lump sum payment so it no longer attaches to your tax refund.

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