Can they continue collections calls?

[idgit152]

What is the name of your state (only U.S. law)? NY

Ok, so I defaulted on student loans. My wages are being garnished 15% each week and my govn't tax return is also taken for payment towards this debt.

However, I still receive collections calls and letters. I received a 20 page letter today stating I have 15 days to pay my total debt of approx 80k "or else". I own nothing, I have no bank account (for obvious reasons) and my wages are already being garnished. I don't know what else they can/will do!

So my question is: isn't the weekly garnishment considered a payment? And therefore, since I am paying on this debt, is it legal to continue to call and mail me collections attempts?

I would also like to know, at any point in time, now or the future, can my 401K savings ever be touched?? Even when it comed time for me to retire and collect my savings.....can they take this money from me?

PS: I am fully aware of how dumb I was to default and how horribly doomed I am as far as credit goes so please, just help w/ answering my questions. THANKS.

 

[cosine]

Do they already have a court judgment against you?

 

[TigerD]

Do they already have a court judgment against you?

No judgment needed -- student loans.

DC

 

[cosine]

No judgment needed -- student loans.

DC

Having worked with a friend who went through this, I know this isn't true. Ever heard of due process?

 

[Proserpina]

Having worked with a friend who went through this, I know this isn't true. Ever heard of due process?

Judgments are not required for government student loans, just as the IRS do not need to obtain a court order before they attach their darling little liens/attach your wages.

 

[cosine]

Judgments are not required for government student loans, just as the IRS do not need to obtain a court order before they attach their darling little liens/attach your wages.

So what would YOU do if the government comes and takes something of YOURS and says they can just ignore the Constitution and take it anyway and not bother having had the matter determined in court ahead of time?