Does a CA handling a DOE-backed defaulted student loan owe a borrower the same rights and obligations as the DOE as described in the following (from http://www.ed.gov/offices/OSFAP/DCS/awg.html):
The borrower has the right to:
* Be sent a notice 30 days prior to ED ordering wage garnishment that explains ED's intention to garnish, the nature and amount of the debt, an opportunity to inspect and copy records relating to the debt, object to garnishment to collect the debt, and avoid garnishment by voluntary repayment;
* An opportunity to enter into a written agreement under terms agreeable to ED to establish a voluntary repayment agreement;
* An opportunity for a hearing to present and obtain a ruling on any objection by the borrower to the existence, amount, or enforceability of the debt;
* An opportunity for a hearing to present and obtain a ruling on any objection that garnishment of 10% of the borrower's disposable pay would produce an extreme financial hardship;
* An opportunity for a hearing to present and obtain a ruling on any objection that garnishment cannot be used at this time because the borrower is now employed within a 12-month period after having been involuntarily separated from employment;
* Having garnishment action withheld by filing a timely request for a hearing, until the hearing is completed and a decision issued;
* Not to be discharged from employment, refused employment, or subject to disciplinary action due to the garnishment, and to seek redress in federal or state court if such action occurs; and
* Not to have any information provided to the employer but what is necessary for the employer to comply with the withholding order.
To avoid garnishment of 10% of disposable pay, the borrower must:
* Negotiate repayment terms acceptable to ED or the Private Collection Agency (PCA) and ensure that ED receives the first payment by the response deadline date on the garnishment notice, which is 30 days from the date the garnishment notice was sent;
* Make a hearing request in writing postmarked no later than the deadline on the garnishment notice;
* If requesting copies of documents, make a request for a hearing, because requesting document(s) does not delay a garnishment order;
* Provide proof to support any objection made to the existence, amount, or enforceability of the debt, or a claim of legal exclusion or financial hardship;
* Pay any expenses he or she incurs to obtain legal representation and to attend an in-person hearing; (All in-person hearings are held at one of the three regional offices: Atlanta, Chicago, or San Francisco. The borrower is responsible for the cost of attending and those of any witnesses to attend on their behalf.) and,
* Initiate any legal action against his or her employer if the employer discharges, refuses to hire, or takes disciplinary action against the borrower based on the garnishment action.