Legal Question in Credit and Debt Law in Indiana

Student Loan

I had been garnished for a defaulted student loan, I've paid over $4,000. I recieved a letter stating my loans were pd in full, and that ''the order of withholding form earnings issued for the debtor (me) is hereby cancelled and released'' s of December 30, 2005. Now I am receiving a new order dated 2/28 for additional monies to be deducted from my pay. Can this collection agency continue to go back and forth like this? What are my rights? I have a pd in full letter and records showing my payments.

Please help!


Asked on 3/03/06, 9:46 am

1 Answer from Attorneys
C. David DuMond Law Offices of David DuMond

Re: Student Loan

There can have been no garnishment without a judgment against you. Apparently, you were served with a summons, and did not file a response to the complaint. Very often, especially in small claims court cases, the marshall throws the summons in the general vicinity of the address provided by the plaintiff, and reports the summons served. You should obtain copies of the court papers, including the proof of service, and consult with an attorney to get the default judgment set aside, so you can present your defense. Good luck.

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Answered on 3/03/06, 10:24 am


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