What to know if you're at risk of having your wages garnished over student loan debt
What happens if you remain in default
Until past due payments are paid or the loan's default status is resolved, borrowers are at risk of having up to 15% of their wages deducted directly from their paychecks.
The Department of Education has sent notices to borrowers warning that tax refunds and wages could be withheld starting this summer if borrowers don’t take steps to restart payments. The department hasn’t yet provided additional information on timing.
Richelle Brooks, 37, an education administrator based in Los Angeles, said she's received warnings and notices about the resumption of collection of her loans. For several degrees, she still has $239,000 in outstanding debt, and she was informed her monthly payments on those loans will be roughly $3,000.
“I can't afford it,” she said. “We just came out of the moratorium — not paying for five years. People getting these notices — they're terrified. I'm uneasy, too."
Brooks said she's an informed borrower who stays up to date on each development and who knows her options. She plans to enroll in coding classes, at least half-time, which could place her loans in deferment, so she wouldn't be required to make monthly payments, while she makes a financial plan.
Some options if you fear your wages will be garnished
There's still time to take action.
According to Taylor, the Department of Education must provide 30 days notice before it sends a garnishment order to your employer. During that time, you can request a hearing to object by telling the department that the garnishment would cause you financial hardship. You can also request that the department reduce the amount being garnished and submit documentation about your income and expenses.
To do this, you must make your hearing request in writing, postmarked no later than 30 days after the garnishment order. Your loan holder will then arrange the hearing. If you're unsure who your loan holder is, you can contact the Education Department's Default Resolution Group.
If you were laid off from your last job, you can also object to garnishment if you have not been in your current job for 12 consecutive months. You can further request a hearing and object if you submitted an application for certain kinds of statutory discharges and those have not yet been decided. Some common reasons for statutory discharge of student loans include: if the school you attended closed before you could complete your degree, if your school owes you a refund but fails to pay it, if you're experiencing total disability, or if you're experiencing bankruptcy.
“If the borrower requests a hearing within 30 days after receiving the garnishment notice, the department cannot start garnishment until it issues a decision on the borrower’s objections and financial hardship request,” Taylor said.
You can request a hearing after the 30 day period is up, but in those cases the department will generally not stop garnishing your wages while the hearing request is pending.
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The Associated Press receives support from Charles Schwab Foundation for educational and explanatory reporting to improve financial literacy. The independent foundation is separate from Charles Schwab and Co. Inc. The AP is solely responsible for its journalism.
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