wow dect collection agency's are ruthless.

[waggy]

finally talked to the local legal aid.

the notice of garnishment is a moot point. IF you are receiving FEDERAL funds (SSDI and TAX returns) they do not need to notify you to garnish for a FEDERAL debt.

how about that? learn something new every day.

They are going to help him with the SSDI garnishment. The federal TAX return though they said is gone.

I just gotta help him fill out the paperwork (again) to discharge the student loan (wich he has done twice already).

So the debt collection agency is getting to legally steal his tax refund. nice eh?

 

[sixone]

Thank your politicians, who made school loans a federal debt.

 

[bigrash]

That's messed up. Glad he has you to help him out.

Don't most garnishments go through a marshall's office or something? Can you contact them?

 

[SunnyD]

I just gotta help him fill out the paperwork (again) to discharge the student loan (wich he has done twice already).

So the debt collection agency is getting to legally steal his tax refund. nice eh?

That's the main question though - you need to ask plainly to legal aid. Unless I missed something through the thread (I'll admit I didn't totally keep up), I thought you said that this debt was already discharged. If it was, then the collection agency has nothing to collect?

Am I missing something?

 

[Texashiker]

the notice of garnishment is a moot point. IF you are receiving FEDERAL funds (SSDI and TAX returns) they do not need to notify you to garnish for a FEDERAL debt.

So student debt can bypass due process?

 

[waggy]

That's the main question though - you need to ask plainly to legal aid. Unless I missed something through the thread (I'll admit I didn't totally keep up), I thought you said that this debt was already discharged. If it was, then the collection agency has nothing to collect?

Am I missing something?

oh that's another issue but thats on legal aid to fix. But here is what i understand from it.

The lawyer was not suprised and said this is happening often. What happens is yes they send you paper that it was discharged (important part). BUT they don't always notify the debt collectors or always put in the records. Then in a few years the first Debt collector has it on the books and goes after it or more usual sell it.

them garnishing the SSDI will be fixed. just has to re-file paperwork or show the letter saying it was discharged. no big deal.

the issue he has now is he is out something like 5k in tax refund because they took that.

that may be lost. UNLESS he can find the paper from 6-8 years ago saying it was discharged (doubt he will. record-keeping is not something the guy does). the US department of education does not have any paperwork on file about it.


it's such a fucked up situation. but i'm done lol..

So student debt can bypass due process?

yeap! fucked up eh?

 

[SunnyD]

Ah... okay. So assuming that he really did get his debt discharged in the first place, the current debt collector is NOT entitled to any garnishment of anything at all. Even if he can't find the original records, legal aid probably can dig up the appropriate past notification. Once that happens, the debt collector can be served notice and will have to refund this individual anything garnished.

Keep us updated at least. This should turn out interesting. Hopefully there will be happy endings for everybody.

 

[CountZero]

Now THAT is truthful. I had a small pay of ~$100 for some leftover bill from Comcast that my fiancee disagreed with. At the time, I didn't know her so I don't know the details.

Either way, I called Comcast because I wanted to sign up for service - they wouldn't do it because it was her residence and claiming she still owes money, blah blah - mind you this is ~3 years later when I moved in. By now they were no longer collecting - obviously it went to a collections agency and should no longer be any of comcast's business since they sold the debt. I asked them to transfer me to who owns the debt. I got spun around in a million circles on whom I can actually get DETAILS from. I got transferred around a million times. I started offering a deal of 50/50 so they shut up and erase the debt. Like I said, this was already YEARS old with no details - they wouldn't take a split and I laughed :biggrin:

Similarly I went through a rough patch and racked up some bad debt. When I got a job I went through the various places to pay off the debt. In one case they sold the debt but wouldn't tell me to whom. Took the collection agency 1.5 years or so to finally send me a letter or contact me in any way. When they finally showed up so did 1.5 years of collections on my credit report despite trying to clean it up much earlier.