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rgmartin
09-30-2003, 09:46 AM
I had a gentleman that called me from a collection agency the other day asking me to make an agreement to pay back a loan that defaulted over 10 years. Now for a few years the IRS was keeping my tax returns to pay off this loan. I asked this person if he had any recors of these returns being applied he said yes. H e said that if I didn't give him my account information over the phone that they would be able to garnish my wages.He also told be that if I made 12 consecutive payments that they would remove my name and knowck $500 in penalties & interest. I asked him to send that to me inwriting he said he couldn't.

A) Can a collection agency garnish my wages and keep my tax returns for a loan thats over 10 yrs old?

B) Also I live in orlando,Fl what's the highest percentage that they can garnish my wages per pay period.

C) Also is there a law that allows for someone who has a child with medical problems to claim bankruptcy for everything including his student loans, I heard something about Bill Clinton passing some kind of law like that?

D)Also a few years ago when I was applying for a house the lender pulled up my credit report and that loan never appeared. Why is this possible if If this collection company says I owe this money?

kb9tbq
10-03-2003, 06:11 PM
A) Can a collection agency garnish my wages and keep my tax returns for a loan thats over 10 yrs old?

This one I have a hard time keeping up on.. but they may have something here... the important thing to point out is that you are dealing with a student loan & there is no statute of limitations on these type of accounts... they can chase you forever to collect on the debt.

B) Also I live in orlando,Fl what's the highest percentage that they can garnish my wages per pay period.

http://www.edebtnetwork.com/content/collection_laws.asp#Florida

I am not sure if this will help... but here is information when judgments are entered.

http://debt-consolidation-credit-repair-service.com/phpBB2/viewtopic.php?t=574

Also look in this thread, Sis has put together quite a few links for various state laws - hope this helps.

C) Also is there a law that allows for someone who has a child with medical problems to claim bankruptcy for everything including his student loans, I heard something about Bill Clinton passing some kind of law like that?

Only thing which I was aware of being included in bankruptcy is state student loans... not government. But I also know that if you contact the student loan company... they have hardships ~ or in some cases can dismiss re-payment of the debt. I have personally had my student loan some years ago dismissed due to disability. So something definitely is possible here.

D)Also a few years ago when I was applying for a house the lender pulled up my credit report and that loan never appeared. Why is this possible if If this collection company says I owe this money?

Negative infromation in general only stays on the credit report 7 years from the charge off, but be warned... recently seen additional information indicating that student loan collection companies may have a way around this to legally re-report forever... just consider yourself fortunate if the CRA has let this expire (which I am guessing is the case for you).