What to know if you’re at risk of having your wages garnished over student loan debt

NEW YORK (AP) — Millions of student borrowers could begin having their wages garnished as soon as this summer, according to estimates from credit bureau TransUnion.

The company predicts that by August roughly 3 million borrowers could move into default, meaning they're 270 days past due on payments. At that point, loan holders are at risk of having 15% of their pay docked by the government, with the money going toward the outstanding debt. There has been no clear indication of when wage garnishment will start.

After the pandemic-era pause on student loan payments ended in May, borrowers have had to reassess the state of their loans and budgets. According to TransUnion, another 2 million borrowers are on course to default in September.

A Biden-administration grace period, during which late or missed payments were not counted against credit scores, ended in the fall.

Since then, millions of borrowers have seen hits to their credit ratings.

Here's what to know:

“The most important thing borrowers can do before administrative wage garnishment restarts is to log into studentaid.gov to check whether their federal student loans are in default and take steps now to remove them from default,” said Kyra Taylor, staff attorney at the National Consumer Law Center.

Taylor said it's not uncommon for borrowers to be unaware that their loans are in default. If borrowers attended college or graduate school during different periods of time, or if they have different federal loan types, they may also have multiple student loan servicers.

If that's the case, you should act now to get your loans out of default and back into good standing by either entering a rehabilitation agreement, where you must make nine consecutive payments based on their income, or by consolidating your loans into a new federal Direct Loan.

“Because this hasn’t happened for so long, there are many people who have no idea they’re at risk,” said Aissa Canchola Bañez, policy director at the Student Borrower Protection Center.

Wait times for student borrowers attempting to contact their loan servicers have been long, with many dropped calls, in part due to layoffs at the Education Department. Bañez recommends contacting your congressperson, using a casework tool that can guide you through submitting a constituent request.

“These offices have entire teams dedicated to constituent casework for when you have an issue with a federal agency, such as the Department of Education,” she said. “So you can request assistance from your member of congress — your representative or senator.”

What happens if you remain in default

Until past due payments are paid or the loan's default status is resolved, borrowers are at risk of having up to 15% of their wages deducted directly from their paychecks.

The Department of Education has sent notices to borrowers warning that tax refunds and wages could be withheld starting this summer if borrowers don’t take steps to restart payments. The department hasn’t yet provided additional information on timing.

Richelle Brooks, 37, an education administrator based in Los Angeles, said she's received warnings and notices about the resumption of collection of her loans. For several degrees, she still has $239,000 in outstanding debt, and she was informed her monthly payments on those loans will be roughly $3,000.

“I can't afford it,” she said. “We just came out of the moratorium — not paying for five years. People getting these notices — they're terrified. I'm uneasy, too.”

Brooks said she's an informed borrower who stays up to date on each development and who knows her options. She plans to enroll in coding classes, at least half-time, which could place her loans in deferment, so she wouldn't be required to make monthly payments, while she makes a financial plan.

There's still time to take action.

According to Taylor, the Department of Education must provide 30 days notice before it sends a garnishment order to your employer. During that time, you can request a hearing to object by telling the department that the garnishment would cause you financial hardship. You can also request that the department reduce the amount being garnished and submit documentation about your income and expenses.

To do this, you must make your hearing request in writing, postmarked no later than 30 days after the garnishment order. Your loan holder will then arrange the hearing. If you're unsure who your loan holder is, you can contact the Education Department's Default Resolution Group.

If you were laid off from your last job, you can also object to garnishment if you have not been in your current job for 12 consecutive months. You can further request a hearing and object if you submitted an application for certain kinds of statutory discharges and those have not yet been decided. Some common reasons for statutory discharge of student loans include: if the school you attended closed before you could complete your degree, if your school owes you a refund but fails to pay it, if you're experiencing total disability, or if you're experiencing bankruptcy.

“If the borrower requests a hearing within 30 days after receiving the garnishment notice, the department cannot start garnishment until it issues a decision on the borrower’s objections and financial hardship request,” Taylor said.

You can request a hearing after the 30 day period is up, but in those cases the department will generally not stop garnishing your wages while the hearing request is pending.

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