Michigan  |  Credit and Debt Law

Legal Question

Asked on: 2/04/13, 12:41 pm

I am 25 years of age that attend college currently online at Indiana State University, and I live in Michigan. I have default judgement on a credit card debt from about 4 or 5 years back wasn't able to make payments because of low paying jobs as well college. I received a Garnishment towards my account for $1150 which is the credit card balance but the funds where taking from a week ago Student loan refund. I was wondering can student loan be garnish since its not required as income as well it falls under government benefits as well.

I have contacted the credit card creditor which is a Law firm they laugh at me for asking them about can student loan refund benefits be garnish and decline my payment installment offer as well my economic of hardship form. They advised me its nothing they can due after my bank release my funds to them in 20 days then this will be over. I advised them that these funds are for the college for a balance I have which I wont be able to enroll next semester and they just hung up on me.

I contact my bank they told me its nothing they can do since its not 3 x's behind the account number therefore its not Government protected. They advised me to contact a lawyer to dispute it but I cant afford a lawyer I am a poor college student at the moment. That can't feed my self most times.

Can someone give me some options and also am I right or wrong?

Thank you

1 Answer

Answered on: 2/04/13, 12:54 pm by Timothy Klisz

I believe they are correct, but you do have the option of objecting to the garnishment. It's up to the judge to decide. It's hard to get them to give back money that fully satisfies your debt, but the judge is the final word. You can object and get a court date to state your hardships. You don't need an attorney for this.

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