“Dear Jeremy,
I withdrew from my doc studies three months before graduating becuase my spouse became terminnaly ill in 1997. He passed away Dec 20, 2010.
From 1997-2011 I became his full time caretaker. I could not work. The student loan people hired various agencies that proceeded to abuse us every day 7 days a week calling family, neighbors, friends, old employers using criminal tactics to collect a debt that I just could not pay back. I sued several of the collection agencies and the judge ruled in our favor.
Now, I only recieve a small widows allotment and my very small SSI payment that cumes at 944.00 per month. It pays my mortage.
In yesterdays mail I recieved a letter stating that they will garnish my SSI payment, therefore I will cannot pay my mortage. I will lose my home.
What may I do to defend myself.
Thank you.
Alexandria”
P.S. Here is the letter I sent to my Congressman.
I am hoping that you may be able to help me with a terrible situation concerning the FLDOE. They have hired yet another collection agency even more aggressive than the other companies that have tormented our home since 1997.
My spouse became progressively ill and remains permanently disabled. I had to withdraw from doctoral studies three months before graduation in 1997 and have remained a fulltime caretaker. My spouse is now in the end stage renal failure with multiple medical complications.
The FLDOE has now hired a company by the name of FMS they continue to call our home and they have contacted our elder son through his job.
Please help to stop this abusive behavior.
When I attended the college and universities it was with the intention that upon graduation I would have found gainful employment to support our home. However, when things happen beyond your ability to control your circumstances then there is nothing that one may do out side of suicide and even then one must have insurance.
These agencies hired by the FLDOE have literally tortured our family with the intent to harm by making false and abusive statements to our family, their extended families, our neighbors and our old employers, they have contacted my college and universities and notwithstanding have verbalized abusive and filthy language from various states and even Canada at all hours of the day and night since 1997. They have not respected our cease and desist letters and were sued in 2007 for making false and abusive statements on the phone and in letter form.
Now, my spouse is terminal, he will be again hospitalized this coming Monday for vascular surgery and several tests that will have biopsies. I need some peace.
My intent was to provide well for my family and it did not turn out that way. We cannot pay these people back, they refuse to accept the bankruptcy in 1997.
Please call then and have them stop. 630-613-1151 FMS.
Dear Alexandria,
Pursuant to 42 USC, Sec. 407(a) in most situations your Social Security payments are exempt from garnishment. Thus, if it is a third party debt collector who is threatening to garnish your social security payments they may be violating the FDCPA.
However, the federal government can withhold payments of social security to repay a debt owed to it. There are limits to how much it can withhold. In either situation you should contact an attorney in your state to have them analyze your situation to see if you are protected or have the ability to pursue your own claims.
Jeremy Golden, Esq. is one of the resident debt experts here at GetOutOfDebt.org that helps people for free. Jeremy is a consumer rights attorney licensed to practice in California. He represents individuals in cases against debt collectors for violations of the FDCPA. He also focuses on defending people in collection cases who have been sued by their creditors or debt- buyers. In the last five years he has won at trial or obtained a dismissal in over 200 collection cases. Recently he was voted one of San Diego’s Top Attorneys in the field of Consumer Law by SDMetro Magazine. His website is goldencardona.com
Legal Disclaimer: This is for educational purposes only. It is not to be relied upon as legal advice. It also does not create an attorney-client relationship. No such relationship is formed with attorney without a written agreement.
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Hello, I recently filed chapter 7 bankruptcy but my student loan debtor is still coming after me. It is for a huge amount and I’m afraid they will come after my house, my social security disability check etc. The creditor was originally with one company but they sold it or transfered it to a lawyers office. I don’t know what to do.
Bankruptcy does not discharge student loans. If it was a government backed loan then I’d call the loan servicer and ask about the Income Based Repayment (IBR) plan to give you a payment you can afford.