My Daughter Has a Student Loan That She Can’t Pay Because of a Medical Condition. – Pat

“Dear Steve,

My daughter has a student loan that she could not pay because of her medical condition. She is on assistance from the state and has a one year old daughter she barley makes only less than 300 dollars a month on her part-time job.

She was recently served with papers for a law suit from the University. They want to garnish her wages for 250 a month to settle a 6,000 student loan. She does get child support because the father left state and cannot be located. Is there a way to show the court that she is not physically capable or financially capable of paying the debt. If they garnish her wages she will not be able to provide shelter for herself and child.

What can she provide to the court in the way of a finical statement medical condition statement. She has 28 days to respond from last Monday Feb 2, 2009.


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2 thoughts on “My Daughter Has a Student Loan That She Can’t Pay Because of a Medical Condition. – Pat”

  1. The maximum amount a judge can garnish can vary from state to state but I believe the majority of states has a limit of up to 50% of a person’s disposable income. I also found this rule that pertains to your daughter’s situation:

    The amount of your wages that can be garnished for a private debt varies according to your income. Private debts include credit cards, medical bills, bank loans, and private student loans. Private debts do not include child support, taxes, or government student loans.

    If your disposable income is less than $175.50 per week:

    All of your earned income is exempt from debt collection. Your wages CANNOT be garnished.


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