Legal Question in Credit and Debt Law in California

make a long story short my daughter owes on a student loan, right now she barely makes enough to cover her basic necessities. her payments are 139.00 a month they told her they can't or wont take anything less than 100.00 a month. Sometimes she doesn't even have money for food. They are telling her they are gonna garnish her wages etc. My question is if she sends them anything even 30.00 a month can they still garnish her wages?


Asked on 3/21/11, 3:08 am

1 Answer from Attorneys

They have to get a judgment against her for breach of the loan. If she is not making payments according to the loan agreement and does not make a deal with them to reduce the payments (which would be a modified agreement) they can get a judgment against her. Once they have a judgment, they can garnish her wages.

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Answered on 3/21/11, 9:26 am


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