I have defaulted student loans. Waaay defaulted. And I have not worked in years. But two weeks ago I got a small part time job (finally!). Within 10 days of employment, the CA was calling me - and they already knew where I was employed... just not at which branch.

Now how did that happen so quickly? I don't even have a paycheck in hand yet - and already I am being harassed.

Can I expect this anywhere else that I move?

You can expect it EVERYWHERE. Your SSN is tagged. You can run but you can't hide.

How much do you owe?

Well, you CAN run and hide, just not in the US!

Who said anything about running anyway? FWIW, I'm just here to gain information. So I really don't need the 'sidebar judgemental comments.'

Exactly legaleagle.

Soooo, that returns me to my original question for a more in depth study: what is the precise mechanism by which they accessed my information?

As an aside, I have old loans and I dont recall ever having seen anything in my contracts which would allow anyone access to my IRS or SS or employment info, etc. without my permission. I do recall considering a consolidation at one point, however, and there was a statement in that contract which had I signed it, would have allowed them to access tax infomation.

Perhaps, access is now allowed under the newer contracts?

It wasn't a "sidebar judgmental comment" ... it's the truth. So, you need to go back and read what I said. Your SSN is tagged. They don't need your permission to access your IRS or SS or employment information - you gave them that when you decided to take out a government backed loan for your education. Access has never been denied for this purpose - which is to get the money back that you borrowed from the government for the purpose of paying your loan back.

I'm really sorry if you think that people (i.e., me) are passing judgment on you, but if you will do some reading and spend some time researching this forum, you will see that what I say is true. The government will get their money, one way or another, and you MAY be able to run but you WILL NOT be able to hide. There's just no way you or anyone else can get away with flying under the radar for very long. If you have doubts about what I'm saying, you can look for posts by IAmMyKidsMom or something like that where just about all the consequences of not paying back student loans are laid out. If there's anything you ever need from the government, they will make sure you don't get what you need until they get what they want - the money you borrowed.

There's really no need to be defensive here; I know you're new to the SL forum, but really ... everyone that's here has gone through similar things. MOST of the comments aren't meant to be judgmental, so if you toss off the defense mechanism, you will see that 95% of the comments that are made should be taken at face value.

Good luck to you.

I have read numerous dozens of your posts. And I objectively see a trend in many. All I can say is 'well, alrrrrrrrrrrighty then.'

Returning to the subject of this post: what is the precise mechanism by which they accessed my information?

And good luck to you, as well.

fla-tan

I am certainly aware of that fact. And I have learned from the quilt lady's posts. But that doesn't negate what I perceive as 'judgemental sidebar comments' she makes from time to time. They are fairly well documented I would submit. And most are made without smileys to lighten the load.

So I agree with you, yes, she might wanna lighten up.

And my question still remains. What I want to know is the mechanics of how the CA are accessing my information. Who is giving them the info? Who are they directly tied into, etc? The SS Administration? Specifics is what I would like to know, not just the vague generalities that have been provided here so far. Is that too much to ask in this Forum?



Like the comment, 'You can run, but you cannot hide,' Im at a loss as to what brought this subject up. Was bankruptcy (or running) ever mentioned by me in this thread...??? But since the subject has now been brought forward, I've spent hours and hours reading this Forum and I have yet to find how one does prove 'undue hardship'... with living, breathing examples.

I'm not interesting in hearing that it cannot be accomplished but rather, I would like to see examples of how it was accomplished.

Surely there are examples...???

Yes, TX, as a quilt girl I would think that you would be all warm and fuzzy kind of like Laura Ingalls or something but that certainly ISN'T the case. You are pretty quick to jump on people, like the other day when those guys were discussing private law loan litigation and the SOL.

Are you a lawyer? They were. And so am I. They were brainstorming and that was pretty obvious and also pretty helpful. You should always allow that process to continue because that is where the best ideas are formed.

But back to the matter at hand.

I believe there is a "new hire registry" nationwide. When you are hired, you fill out a W-4, right? I believe that info (SS#)then makes its way onto the new hire list. Voila, tagged. I think I read that it originally might have been used for child support collections, but then it morphed into student loans and whatever else.

I ran this past my husband (no lawyer but a lot of practical knowledge) and that was his theory- that the government, naturally, gets your payroll info for payroll tax withholding and with computers they can match anything.

My thought was that if you had applied for credit after getting the job and listed your employer that goes into your credit records. When my Ex ran up a lot of medical bills and they tried to attach my wages (he was unemployed), that was how the hospital's law firm found me at work. My attorney was able to fight of the garnishment because we were getting divorced soon; the bills were paid off then.

I don't think that "warm and fuzzy" is a requirement to be here - or to be a quilt girl (I know plenty of quilters who would fit more in the definition of "quilt grrl"!!). Everyone has their own personality and, as Fla-Tan has said, Quilty has always had an answer (or at least an idea of where you might find it if she doesn't know). It might not be the answer you want to hear, but it's always dead on -- and true. If you do a search, you'll see that most of us here have had serious default issues (Quilty included!) and we totally know what you're going through. I guess I'm also a little confused about why it matters if she (or anyone else) is a lawyer? Does their advice mean more? For the record, I am a lawyer, but I have learned EVERYTHING from Quilty and Fla-Tan, neither of whom I think are lawyers, but I would totally listen to them long before I would do anything I said.

As far as only giving you information on when BK works, I think the problem is that it's so rare, none of us know of any cases where it has worked. There are people who have talked here about how their Social Security DISABILITY checks were being garnished because they defaulted and didn't qualify for "undue hardship." Basically, the definition is that you have to prove that you will NEVER, EVER make enough money to make "meaningful" payments on the loans. Note that that's not necessarily the same as paying them off. If you're in the income contingent program, you only make payments for 25 years and then anything remaining after that is forgiven (the forgiven amount is taxable income in the year in which it's forgiven, but it's still MUCH less than paying the total amount).

It's also completely random about how quickly they come after you. There are people on here who have defaulted loans from 20+ years ago who are just now hearing from CAs and there are others (me included!) who get the full court press after only 1-2 years (just over 1 year in my case). As others here have said, I think it's your W-4 that was filed. When the IRS got that (and it was probably done through the Internet by your company, so it was likely REALLY soon after you started), a little bell (metaphorically speaking, anyway) went off at the CAs office that showed that one of the loans assigned to them had a "hit" and now they had your employer, salary, and contact information. That could probably be done in less than a week.

Hope this helps. We're all here to help and everyone here, most especially Quilty, has a ton of information -- please listen to them. Good luck!

fla-tan

Fair enough, no desire to pile onto Quilty, I was just saying that I was reading some fairly sophisticated "legal analysis" the other day and it was getting degraded through loads of devil's advocacy. I mentioned "being a lawyer" because the training helps one to recognise and appreciate nuance.

I'm sure the W-4 and the "new hire registry" is the answer here.

Another question that arose recently - someone said that "anytime you need the gov't they will want to get their money first". Do you have examples of this? I'm sure that student loans would be the logical first group, SBA also.. What else is included?

Ya know, there's a lot of things I could say about what has transpired in this thread since I left this afternoon, but I will say this:

The "fairly sophisticated 'legal analysis'" doesn't pass the sniff test. If these "lawyers" have it all under control as you intimate, then I can't understand why they're brainstorming on a public Student Loan board about a defaulted loan that one of them is getting sued for. I'm not saying they aren't welcome, but they DID come here looking for advice and help; it was obvious this isn't a board full of lawyers. They're going to get the advice and knowledge of a variety of people that read the post. And you don't actually KNOW my background or where I get my knowledge, but I will say that you're right - I haven't been to law school.

But how much, exactly, do you know about consumer law? Because frankly, there aren't a great many attorneys who have experience in that area. That's a fact, not speculation. I can't count the number of people who have posted here that they've consulted attorneys who don't know half as much as they themselves know about consumer law. That's not to degrade lawyers, that's just the way it is. What I know about student loans and the legal issues surrounding them, I've learned from reading about real people who have had actual experiences. I have read case law (you don't actually have to be an attorney or a law student to read those), and studied different cases to glean information. I have talked with people ... real people ... who have been sued by various agencies, who have had their wages garnished, and have myself had my wages garnished. I also managed to get that garnishment lifted all by myself - no attorney necessary. I am by no means an expert, but I do have a fairly good understanding of what I'm talking about when I talk about SLs and what judges have done in the past.

So before you dismiss someone because they don't have a "law degree" or because they aren't a "lawyer" you might want to find out what they DO know. If the fairly sophisticated legal analysis can't stand up to someone playing devil's advocate, just how do you expect it to stand up in a court of law?

I read this forum on and off. I really don't think there needed to be so much contention. Where supposed to help not jump on eachother. I know this can be a normal reaction so I understand. I know we can get along on some level. can't we ?

Hmmmm, guess I'll just have to be one more attorney chiming in on this thread. Heck, I went to a top ten, consider myself to be very bright, and can freely confess that I don't know diddly about credit reporting and student loans.
When I see that TxQuiltGirl has responded to my questions, my whole face lights up and I click on the thread with gusto!
TxQuiltGirl knows her stuff, I have never seen her to be judgmental, certainly not in this thread.
What she said is true, you can't hide (in this country). I confess to being a little shocked at your level of ignorance on this subject if you are truly an attorney. When you borrowed money, basically co-signed by the Feds., did you think that the Feds then had to somehow get your permission to access their own database in order to recover the money that they were required to pay on your behalf? Give me a break! What school did you go to?!
And I'm not being judgmental, I'm being real. Grow up and accept the consequences of your own actions. I hardly think that you are the victim here!

Hmmmm, perhaps I should add a smiley here so that this is all easier for your fragile self-esteem... Nawww...

As I was reading this thread if it's any consolation to the OP , TxQuiltGirl made me smile with her reply and I really didn't take it like she was being mean or disrespectful to you. My first thought was that she was adding a little humor while answering your question. Just my opinion Good Luck !!!!!