Legal Question in Credit and Debt Law in Georgia

US Attorney here in Atlanta, GA initiated wage garnishment to collect on a defaulted student loan; after discussion, it is now a "voluntary" wage garnishment for a set monthly fee. I asked if can make payments directly without having to go through with the garnishment, but the attorney isn't dealing. The form I was sent to sign requires that I waive a hearing and "any other process to which the judgment defendant may be entitled...". Is this a good time to consult an attorney with questions I have about this and should I be represented before proceeding, or is it too far along to matter?


Asked on 2/17/12, 12:23 am

2 Answers from Attorneys

Cyrus Malekabadi Law Offices of Cyrus K. Malekabadi

Yes. Seek legal counsel. Ask for a consult, be prepared to pay $100-150 just to know your rights.

Don't let garbage Sallie Mae walk over you. Welcome to the "higher education" scam.

Let me guess, you took out a ton of federal loans, your education was worthless and you are unable to find a decent paying job? Go talk to a lawyer before you sign *anything*.

You shouldn't have even spoken to the "US Attorney". Bad move.

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Answered on 2/17/12, 7:05 am

Yes! Don't waste more time posting here. You need to get a lawyer now. It may be possible for the attorney to work out a deal for you, but if you do not agree, the US DoE can garnish 15% - 25% of your pay.

And even worse, unless you can show some kind of hardship, these loans cannot be discharged in bankruptcy. I still think that it will be worthwhile to speak to an attorney about all of your options.

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Answered on 2/17/12, 4:40 pm


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