My Student Loan Was Discharged in Bankruptcy But I’m Being Garnished. – Patricia

“Dear Steve,

1987 Student loan discharged in Chapter 13 bankruptcy that was filed in 1992 and discharged in 1995. Now I am being garnished. What can I do?

I have a student loan that was from 1987 that was paid and discharged through a Chapter 13 bankruptcy in 1992. I have the papers to prove this. A company called ECMC is garnishing my wages for 15%. They never sent me the required 30 day notice and when I call them, they have told me that they will repay what they have garnished if I provide them proof. I have done that and they have not responded at all and continue to garnish my wages.

What options do I have?

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Dear Patricia,

If this was a chapter 7 bankruptcy I’d be more worried but because this was a chapter 13 bankruptcy generally these days the student loan will pickup where the bankruptcy ended.

You’d have to go back to your old bankruptcy attorney and get some sort of confirmation the student loan was discharged back then. Now I’m just reaching back into my fuzzy time machine but as I remember it in 1990 the rules were changed to only allow student loans that had been around for seven years to be discharged. Do you happen to know if it had been seven years from the time you first started paying on the loan until the filing?

I’d strongly suggest you find a consumer attorney that is licensed in your state and review the situation with them. If all the facts add up then you may be able to stop this garnishment.

Please post your responses and follow-up messages to me on this in the comments section below.

Damon Day - Pro Debt Coach

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Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.
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