Legal Question in Credit and Debt Law in Washington
Past Due Student Loan
I had a student loan in 1989. Had to drop out of school. I am on SSI now. A collection company says if I do not pay, they can garnish my SSI checks. Is this right? Please advise me of what to do ASAP. I just now am being notified of this debt by them.
1 Answer from Attorneys
Re: Past Due Student Loan
First rule of litigation is do not take legal advice from adverse parties, even if they are not lawyers. They have a vested interest in convincing you that they are right and you are wrong and thus you should do as they say.
Also, there is a process between "you owe money" and garnisheeing your wages, There is a lawsuit, and that takes time (as little as 20 days if you don't respond). If you are served, don't ignore it, get help. The King County Bar Assoc. can help you find a lawyer or a clinic who can help you.
There was a case that got as far as the Supreme Court about paying student loans out of SSI checks, and this Court said yes, there is a duty to pay in proportion to the debtor's income. However, there are ways around this.
There is one attorney in Federal Way who can manage this for you. His name is Richard Grandvold, and he has a very good track record of getting student loans discharged because of hardship. If you are on SSI chances are you will qualify.
You are going to have to pay him for what he does. I believe his initial consults are free.
There may also be a statute of limitations issue if you have not paid anything on this debt since 1989.
If you want to learn more about the collections industry, go read budhibbs.com. Great site!
You can find any lawyer in Washington at the lawyer directory at wsba.org.
Hope this helps. Elizabeth Powell