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  #1  
Old 08-22-2006, 09:12 PM
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Join Date: Jan 2005
Posts: 18

Need Help with garnishment


What is the name of your state? MI
I have two garnishment against me right now - one is for the college I atttend and the other one is the US Government Student loans - They are taking 25% total - 15% for the US Government and 10% for the school - I just received an email from my company stating that they are going to start taking 50% of garnishment because the federal goverment allows 55% and they are within the law to do that - the letter that I received from the US government it states that they are taking 15% and that the total combine for more that one lein is 25% - the letter was dated April 2006 - my company stated that they received another letter requesting 50% (I haven't received that letter yet - she is sending it to me). Did the laws change and can they take 50% of my salary - if this is legimate can I fight this I was bearly making ends meet with the 25% garnishment there's no way I can survive on the 50% - is there anything I can do.
  #2  
Old 08-22-2006, 09:58 PM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
I suggest you call the US Dept of Education, or whichever agency is garnishing your wages and YOU ask them, don't rely on what someone else said. It's the FEDERAL law that says the max garnishment is 25%, I am not aware of anything special for a student loan, I'd have to research that.
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  #3  
Old 08-22-2006, 10:03 PM
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Location: Somnambulist University
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Quote:
Originally Posted by LilyH007
is there anything I can do.
Sounds to me like someone is confused. Read the Employers Handbook (page 8) at the following site to see how to handle multiple garnishments:
[url]http://www.ed.gov/offices/OSFAP/DCS/Employers_Handbook.pdf[/url]
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  #4  
Old 08-22-2006, 10:16 PM
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Join Date: Jan 2006
Location: Il.(near StL, Mo.)
Posts: 2,207
Quote:
Originally Posted by Ladynred
I suggest you call the US Dept of Education, or whichever agency is garnishing your wages and YOU ask them, don't rely on what someone else said. It's the FEDERAL law that says the max garnishment is 25%, I am not aware of anything special for a student loan, I'd have to research that.
My info is the same as yours for Mi. - 25% max. of after tax income -- maybe less than 25% if income is at or near min. wage.
  #5  
Old 08-22-2006, 10:17 PM
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Join Date: Jan 2005
Posts: 18

Garnishment


Thanks guys - everything I have read and received has said 25% - i will call the US tomorrow and see what they say - but worst case scenerio if they deduct 50% and it's suppose to be 25% can I fight this and how.
  #6  
Old 08-22-2006, 11:27 PM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
Yes you can fight it, the employer is clearly WRONG and you can appeal the garnishment - at least to the extent that the employer is OVER the limit of 25%.
__________________
"Knowledge is Power - use it as you see fit !

I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
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