student loan garnishment and Social Security income

by Anne
(Interlachen, Fl)

Can Sallie Mae Garnish my Social Security income because of unpaid student loan due to becoming disabled many years ago? Doctor form was submitted verifying permanent and total disability determined by social security to Dept of Education. I explained this to Sallie Mae several years ago and the reply was they lost the info and then said they were separate from Dept of Education. Within the last few months, I have been receiving threats by mail and now phone.

Someone saying they're investigator Taylor calling me about this with case #. The Putnam County Florida Sheriff I reported this phone threat to has told me it is not legitimate and are looking into it. I recorded the voice mails so Deputy could listen to them. Attorney General, Seniors vs Crime have also been informed.

They said Sallie Mae could not garnish my Soc Sec income. I have many health problems and this stress is exacerbating my heart condition and other health issues as well. What can be done to
resolve this and end harassment?

Reply from

There are situations where Social Security income can be garnished to collect federal student loan debt. Read: Help! My Social Security is Being Zapped to Pay Student Loan Debt!

We also suggest you also suggest you listen to this interview about student loan default with attorney Joshua Cohen which should help you understand your rights.

Unfortunately, student loans don't go to simply go away because you can't pay them. You need to find out whether you can get on the Income-based Repayment Program (IBR) to get your payments down to zero or an affordable amount so that eventually the balances are forgiven.

In addition, Anne, debt collectors are required to follow the Fair Debt Collection Practices Act when collecting student loan debts. It's possible collector is not following the law due to the threats you are receiving. After you've reviewed the article we mentioned above and listened to the interview, we also suggest you read the first chapter of Debt Collection Answers online for free. If you think the collector may be breaking the law, be sure to talk with consumer law attorney about the situation.

We hope this helps!

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