1099 and wage garnishment

[firefly21]

Hi folks,

 

After some extensive research, and not really finding what I'm looking for, I've turned to you guys.

 

My situation: My employer received a wage garnishment notification for me for last federal student loans. I have already spoken with the company, and while I can rehab my loan (which I am doing), I cannot stop the wage garnishment, which will take place for the remainder of the 9-month rehab program.

 

My question is this: I am a 1099 worker. I *technically* work on a salary+commission basis, and get paid the same amount every week (unless I get a commission that's more than my salary amount, but that has yet to happen). Is it true that because of my 1099 status, the collection agency can freeze any and all bank accounts?

 

I have the option at work to be a W-2 if I want to, but in the past it has benefited me more to be a 1099. If they truly can freeze my assets, should I switch over now to a w-2 and to the wage garnishment just like any average employee?

 

Thanks in advance!