Get Out of Debt Guy - Steve Rhode

How Can I Stop My National Collegiate Student Loan Wage Garnishment?

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Question:

Dear Steve,

I went to college as a nontraditional student, but was not financially very smart. I am married with 2 kids and it seemed like the best solution at the time to take out the loans.

My college hours and radiology program that I was in was very time consuming and demanded dedicated study to pass the courses. Clinical hours were 5 days a week plus class attendance.

After finishing school, a few years later I was involved in a car accident and was unable to work for extended periods of time. I got behind on the payments and by the time I went back to work they sued and garnished my wages. Several times I have come close to losing my home due to this garnishment. We have considered bankruptcy but from everything that I have read, student loans are hard if not impossible to include.

Is there any way to apply for forgiveness or have the garnishment stopped? All the loans are through National Collegiate.

Tamara

Answer:

Dear Tamara,

National Collegiate loans are problematic and there is significant concern about National Collegiate Student Loan Trust loans. See my past stories here.

Now that you’ve been sued and have a garnishment this issue is not going to be as straight forward as if you were defending yourself in the first suit.

Getting some help from a student loan attorney or bankruptcy attorney with student loan experience would be very helpful. I would suggest you find an attorney who is licensed in your state to represent you.

I would guess that with some competent legal representation you could get the garnishment stopped and a settlement on the amount you owe.

Bankruptcy would stop the garnishment but your bankruptcy attorney would have to be willing to fight the loans or negotiate them by engaging in an additional step known as an Adversary Proceeding.

The tough part here is not if there are solutions but finding the right attorney with experience to represent you. What you want to find is a firm, like this one, who has extensive experience in dealing with these issues.


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