Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > BANKRUPTCY AND CONSUMER CREDIT > Banking & Credit Cards

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 05-04-2001, 01:14 AM
imscrewed
Guest
 
Posts: n/a
Question

I am disabled( but not dying and therefore do not fit the criteria for totally and permanently) and my student loan is in default. Can my SSD be garnished to repay the loan?
  #2  
Old 07-01-2001, 03:49 PM
Cassy
Guest
 
Posts: n/a

Not totally screwed - student loans


I do not know it you are still checking for replies since no one has and you first posted in early May. I believe you may qualify for permanent and total disability cancellation of federally insured/guaranteed student loans even if your disability will not result in your death. The way it is worded is stated here as a cut & paste from the actual cancellation form the feds provide, which your lender should provide to you on your request so your doctor can certify your disability. In fact there was some discussion that a person receiving Social Security Disability would automatically qualify as long as the disability began after loan initiation. Here is the cut & paste >>> You must be unable to work and earn money or go to school because of an injury or illness that is expected to continue indefinitely or result in death. If you are able — currently or in the future — to work and earn money or go to school, even on a limited basis, you are not eligible for a loan cancellation based on Total and Permanent Disability. End cut & paste >>>> In case you have made any payments since your disability began, the lender is also supposed to refund those and clean up any derogatory credit according to the common manual for servicing student loans. Good Luck! I am not an attorney and my info is only based on my personal interpretation of reading various documents.
  #3  
Old 07-01-2001, 03:58 PM
Cassy
Guest
 
Posts: n/a

student loan - SSD garnishment


I am almost 100% certain that your SSD is exempt from garnishment even for student loans. I am not sure which state you are from but think SSD is exempt in all.

I am not an attorney though so you might call your local legal aid office.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 02:28 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.