Legal Question in Social Security Law in Pennsylvania

Student Loan

Can a student loan company come after me when I am on welfare and am waiting to receive Social Security benefits. Are they allowed to garnish the Social Security benefit?


Asked on 1/22/08, 4:51 pm

1 Answer from Attorneys

Randall Selagy F. Randall Selagy, P.C.

Re: Student Loan

Generally a financial institution or collection agency can contact you about an unpaid debt. It must comply with the Fair Debt Collection Practice Act and other laws. So, you may want to post your question under Contracts or Consumer Loans to get a complete answer.

It has been a while but the last time I checked Pennsylvania did not allow a 'wage garnishment' (except for child support, etc.) but once a debt is rendered to a judgment, your bank account can be attached.

However, federal law does not allow actions against SSI funds. SSI is a form of welfare. You did not say whether you are applying for SSI or Disability.

Generally Disability checks cannot be garnished but again your bank account with disability payments in it may be subject to judgment debt collection via attachment.

But check the terms of your loan contract. Many of them have a provision for postponement or cancellation (discharge) for total disability. Usually the lender or guarantor can provide a form which your doctor can sign. Or check the internet:

See, e.g. http://www.salliemae.com/after_graduation/manage_your_loans/borrower_responsibility/understanding/disability.htm

for a link to a form to discharge your federal student loan

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Answered on 1/22/08, 6:37 pm


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