I have student loan issues can a lawyer help me with those?

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I have wage garnishment and cant get my taxes back from student loans. I also had money taken out of check at my last job. In which I was under poverty level, got government assitance and in a rehab which I was told was illegal.

Attorney Answers

3
Anthony Rao ·
I am assuming here that you have defaulted on Federal Student Loans, since it appears from your posting that the IRS and/or Massachusetts DOR are intercepting your tax refunds. The Federal government has programs available to bring your Federal Student loans out of default. While I am not an expert on these issues, I suggest you doing some quick research on the subject. Unfortunately, the only real assistance an attorney could provide to you is to defend any sort of civil lawsuit that may come from your default. (This may have already happened.) Further, while in most instances you cannot discharge student loan debt in bankruptcy, there is one exception to this rule: a showing of a significant hardship. Some individuals that are collecting disability benefits or receiving some form of public assistance may be eligible. If you think you may fall into this very narrow exception, I suggest speaking to a bankruptcy attorney. I wish you the best of luck, Anthony Rao, Esq.
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Erik Kardatzke ·
Yes, there are lawyers who can help you with student loan issues. The disturbing state of student loan debt collection is most definitely on the radar of consumer attorneys throughout the US, and many of us have sought out and attended intensive seminars specifically tailored to the issue of assisting consumers overwhelmed by student loan debt, collections, and garnishment. There are many ins and outs to student loan issues, and spending some time researching online will shed some light. Based on the information you've given (below poverty level, government assistance) I believe relief of some sort is very, very likely. Don't delay, though. If you are currently in default and the loans are federal, the government will continue to garnish and take your tax refunds, and more. Search for "the student loan lawyer" for informative articles on the topic, and also a guide to attorneys in your state that have the knowledge to assist you if you feel that you prefer to move forward with the assistance of a lawyer. Wishing you the best, Erik
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Peter Kaplan ·
When exploring existing options for relief from aggressive collection efforts on student loan debt, don't cross bankruptcy off your List. As many people are already aware, it is true that getting rid of student loan debt through the filing a chapter 7 bankruptcy has always been a difficult task which has been made even more difficult in light of the 2005 bankruptcy reform which effectively wiped out some of the last remaining exceptions to nondischargeability of student loans. However, chapter 13 bankruptcy can provide substantial and immediate relief for someone in your situation. In the event of a chapter 13 bankruptcy filing, all collection activity, including the garnishments you spoke of will be required to cease immediately and will not be able to pursue you for the entire time that the plan is in effect. This means that you can very likely get relief from your student loan debt for a period of up to five years. Understand though that at the end of the end of the plan you will again be facing the same problem that you had prior to the filing and it will be a little worse due to the continuing accrual of interest while you were in the plan. But a lot can happen in five years and the hope is that by then you will have somehow improved your financial situation so that you will then be better able to afford a payment plan of some sort. For instance, "Direct student loans" generally offer income contingent payments that May be affordable for you by then. The downside of continuing debt plus interest while you're in the 14 plan is typically overshadowed by the benefit which you will receive immediately when those garnishments are stopped and money that you likely need for survival is restored to your present income stream.
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