However, the original creditor, like a bank or credit card company, is more likely to sue you if the debt is large enough and if they know you are working and they are likely to get
a wage garnishment against you.
When there's
a wage garnishment against you, your employer is required to withhold earnings from your paychecks until a debt is satisfied.
The federal loan servicer can also pursue
wage garnishment against you or take legal action, which can prevent you from purchasing or selling assets like a home.
Not exact matches
The judgment means the lender can then take additional steps
against you, including
wage garnishment, freezing your bank accounts, and putting liens on any property you own.
Lawsuits, pension and
wage garnishments and executions
against assets and bank accounts stop on filing, with the exception of child support.
For example, a government - backed loan in default can subject the borrower to an administrative
wage garnishment (that is, a
garnishment without the creditor first obtaining a court judgment) of 15 % of disposable income, and this would be in addition to any state law
garnishment by another creditor (under New York law, of several creditors have judgments
against a debtor, only one at a time can garnish 10 % of wages, but a government student loan can be imposed on top of a state law
garnishment.A borrower can also lose tax refunds if in default on a government student loan.
It also puts an end to harassing calls from creditors and any legal action taken
against you like a
wage garnishment.
In a
wage garnishment, creditors have sued and won a judgment
against you.
If you default on your private student loan, the worst that can happen is your lender can sue you, they win, and they get a judgement to collect
against you — which can also result in
wage garnishment and more.
Canada bankruptcy law provides for an immediate issuing of a «stay of proceedings» which will force your creditors to cease all collection activities
against you, including
wage garnishments, bank account attachments, repossession activity, and phone calls or other forms of debt collection communication.
When repeated court judgments are placed
against the borrower for
wage garnishment, the employer could potentially fire the employee because of concern that the lack of credit could translate into an issue of character.
It does this by absolving them of their debts, stopping collection calls and ending
wage garnishment orders
against them.
In both cases, if a creditor has taken collection action
against you (even the Canada Revenue Agency) or has imposed an enforcement measure such as a
wage garnishment or frozen your bank account, this is stopped once a bankruptcy or consumer proposal is filed.
Collection actions can be taken
against either party and can include legal action resulting in
wage garnishment or liens
against property for both the primary borrower and the co-signer.
Servicers collecting payments on federal PLUS loans can use the same tactics
against endorsers that they employ
against the delinquent borrowers, including
wage garnishment.
A Consumer Proposal is Court Approved Once it is filed, collection actives
against you stop and any
wage garnishments stop (with limited exceptions such as child support).
It does this by absolving them of their debts, stopping collection calls and ending
wage garnishment orders
against... Read more»
Along with giving you a fresh financial start, declaring bankruptcy will stop
wage garnishment orders
against you.
This can include liens
against your property,
wage garnishment, and other actions to collect the money before it ever enters your hands.
Typically, before a creditor can look to attach your pay or levy a bank account, they must pursue a lawsuit
against you and obtain a judgment before
wage garnishment is possible.
They just have to give you notice that they are taking action
against you, particularly if the action is limited to a lien or a
wage garnishment on your bank accounts.
It may be even more important than collision or comprehensive insurance because being protected gives you a safeguard
against wage garnishment or asset seizure than can potentially follow a major claim judgment in civil court.
If you fall behind in your payments, the state's child support enforcement office may begin collection activity
against you, using such tactics as
wage garnishment, seizure of income tax refunds, property liens and suspension of driver's, professional and occupational licenses.