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Coll567e

Getting The Runaround About Loan Contact Info :( Help?

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Note Before You Read: I am aware that objecting wage garnishment this is temporary and that they will send another garnishment letter once you’ve been there a year. It’s not going to get that far. I plan to set up a payment in about a month. However, I need time to get my finances order (list how much I spend on bills, income etc.) for them before I do that. And I am doing all of this through mail. NO CALLS. I need proof of every transaction ESPECIALLY if it turns out I must deal with this collection agency.

 

I’m trying to find out who to send my letter of objection for wage garnishment to. I got a letter in the mail from a collection agency. On the letter, the letterhead has a USA funds logo (according to NSLDS has my some of my loans) but the address was to the collection agency. To me that was very sketchy and for awhile I didn't take it seriously. However I found out that this agency is contracted with the DOE (Dept of Ed) so it is probably is legit. But, I'm not sure that I should contact them (after reading comments the collection agency tends to be super slimy, sometimes using illegal tactics). So, I did some research follow me here: When I go to usafunds.org to get mailing info on default/wage garnishment, it says they were bought by Strada. If I go to Strada’s site, it declares all student loan default accounts are now with Great Lakes. I called Dept of Ed and the automated system said ALL my loans were under Immediate Credit Recovery. That's completely different from the collection agency letter/nslds sites. All I want to know is who do I send my objection letter to? The slimy agency? DOE? Great Lakes? ICR? I'm lost and I really want to get this handled asap.

 

Thanks for reading, it's greatly appreciated.

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Legaleagleno judgment is required for admin wage garnishment.

 

Poster...follow the instructions provided to you. Sending your objection elsewhere only delays the process as the lender will simply forward to the CA without reading.

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Lynn is absolutely correct.

 

Legal - The US Dept. Of Ed and its assigned collectors can and will Institute an Administrative Wage Garnishment at any time without a Court Order. Theyre that powerful and they can and will intercept both Federal and State Federal Tax Returns and/or Social Security Benefit.

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Lynn is absolutely correct.

 

Legal - The US Dept. Of Ed and its assigned collectors can and will Institute an Administrative Wage Garnishment at any time without a Court Order. Theyre that powerful and they can and will intercept both Federal and State Federal Tax Returns and/or Social Security Benefit.

+1000!!

 

Been there

 

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Legaleagleno judgment is required for admin wage garnishment.

 

Poster...follow the instructions provided to you. Sending your objection elsewhere only delays the process as the lender will simply forward to the CA without reading.

 

So I wanted to give an update on this:

 

I'm soooo glad I try not to throw any mail regarding my student loans away because I found an older letter from USA Funds (that I'm assuming I was afraid/forgot to open). It indeed confirmed that the slimy CA that was trying to contact me was indeed who I should be talking to. I found this out waaaay past the initial 30 day window (obviously, they are trying to garnish my wages by this point). So after finding this out (early last month) without thinking, I sent the loan rehab letter to the CA via e-mail and a CRRR. I didn't even send them a DV (kinda thinking I should've) because I wasn't able to tell whether or not this was a federal or private loan. But about two weeks ago, I finally figured out that this was a private student loan. Which they cant send garnishment without a judgement. Which I don't have. It's not SOL though, it's year 4 and in my state it's 6 years. So after almost two weeks, I got my GCs one was signed, and one wasn't. I sent one for rehab and one for contact two different addresses.

 

Maybe a week later, the CA sent a letter to my job saying to stop garnishment (it never got to that btw). But no response from the CA to me about setting up rehab. The same day my job got the letter, I get a call from another CA that sounds exactly like the CA I was trying to setup rehab with. I don't want to say the CA name to avoid google searches, so I'll call them by their acronym _W*WR. I though it might have been the slimy CAs legal team, but no; I think they may be a different CA, and possibly sold it off. However, they are both headquarters located in the same state, so they could be working together. If you want to know the name of both CAs, let me know. So about a week and a half later I get three letters from _W*WR asking for payment in full for- not only what the other CA wanted, but two other account as well! The letter looked suspect, so I did some digging ( thanks to this forum honestly you guys are amazing) and they aren't even licensed in my state! So I just sent a DV CRRR (of course) since it's under the 30 day period. Does it seem like I did the right thing though? I will keep you guys updated.

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They have a judgment? File a motion with the court to stop the garnishment until somebody actually makes it clear who you are giving your money to.

They do not have a judgement. I figured out that it was a private student loan not a federal one, it was all a scare tactic to get me to pay.

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Lynn is absolutely correct.

 

Legal - The US Dept. Of Ed and its assigned collectors can and will Institute an Administrative Wage Garnishment at any time without a Court Order. Theyre that powerful and they can and will intercept both Federal and State Federal Tax Returns and/or Social Security Benefit.

I am fully aware of this. I learned the hard way when they took my small refund last year; is there anyway to claim hardship or something so that they cant do that? At the time I had no job, and really needed that money; but I thought that 'the law was the law' and there was nothing I could do about it. However, this year I'm learning that in general, you can contest most things. I digress, I swear I read you could stop it if needed, but it's hard to prove?

Edited by Coll567e

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I don't know what you studied in school, but as a former instructor, I am giving you an "A+" in persistence.

 

Read this excellent, straight-forward explanation of the hardship reversal situation: https://tateesq.com/keep-tax-refund/

 

Things being tight for you is one thing. It appears they need dire circumstances (foreclosure/eviction/utility disconnection notices, etc.) before they will refund your refund. Still try, though.

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So these are private student loans? If so there is no rehab option for private.

 

For federal they can garnish wages and tax refunds without a judgement. You can only rehab federal student loans one time.

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So these are private student loans? If so there is no rehab option for private.

 

For federal they can garnish wages and tax refunds without a judgement. You can only rehab federal student loans one time.

I'm aware of the federal repercussions, and the yes loans they are going after are private student loans. However, I didn't realize there is no rehab option for private loans. That changes a lot for me. Thank you. I did send them a DV though.

Edited by Coll567e

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I don't know what you studied in school, but as a former instructor, I am giving you an "A+" in persistence.

 

Read this excellent, straight-forward explanation of the hardship reversal situation: https://tateesq.com/keep-tax-refund/

 

Things being tight for you is one thing. It appears they need dire circumstances (foreclosure/eviction/utility disconnection notices, etc.) before they will refund your refund. Still try, though.

Thank you for this link. This is exactly what I saw and after looking at it again, I could've proven hardship at the time.

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I know the CA (jdb) your talking about. They had one of my loans too. They do a lot of illegal tactics, and are HUGE for getting default judgements. We had a lawyer call them in regards to the loan. They stopped trying to collect, then sold it to another jdb. I'm still in sol for mine, but w,w&r never sent me the paperwork showing they had a legal right to collect. Now I'm wondering if I should wait until it falls off, our actually fight the new jdb. Stay persistent. Make sure they have a legal right to collect.

 

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I know the CA (jdb) your talking about. They had one of my loans too. They do a lot of illegal tactics, and are HUGE for getting default judgements. We had a lawyer call them in regards to the loan. They stopped trying to collect, then sold it to another jdb. I'm still in sol for mine, but w,w&r never sent me the paperwork showing they had a legal right to collect. Now I'm wondering if I should wait until it falls off, our actually fight the new jdb. Stay persistent. Make sure they have a legal right to collect.

 

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Did it cost much to get a lawyer to do this? Did you send them a letter at all? Because I am seriously contemplating getting a lawyer to oversee things.

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Depends on the lawyer, and where you're located. Around here, it was 150-250/hr. We only needed the one hour, mostly so the lawyer could tell my mom what I had already told her (learned from these boards). But, I think him making that phone call "scared" them more so than me talking to them. YMMV. Look for a lawyer that deals specifically with creditors. Your loan want held at one time by National Collegiate Trust, was it?

 

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So these are private student loans? If so there is no rehab option for private.

 

For federal they can garnish wages and tax refunds without a judgement. You can only rehab federal student loans one time.

I'm aware of the federal repercussions, and the yes loans they are going after are private student loans. However, I didn't realize there is no rehab option for private loans. That changes a lot for me. Thank you. I did send them a DV though.
Yay it sucks...no rehab. If they are federal then you can rehab one time only.

 

You mentioned they offset your federal tax return refund correct? Private student loans can not and do not do this. That is why Im a little confused?! You mentioned they were trying for wage garnishment? That sounds like federal.

 

 

I dealt with that CA as well as one time. They sent letters and called and then my loans were assigned to another CA. Mine were private student loans.

Edited by Txgirl

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So these are private student loans? If so there is no rehab option for private.

 

For federal they can garnish wages and tax refunds without a judgement. You can only rehab federal student loans one time.

I'm aware of the federal repercussions, and the yes loans they are going after are private student loans. However, I didn't realize there is no rehab option for private loans. That changes a lot for me. Thank you. I did send them a DV though.
Yay it sucks...no rehab. If they are federal then you can rehab one time only.

 

You mentioned they offset your federal tax return refund correct? Private student loans can not and do not do this. That is why Im a little confused?! You mentioned they were trying for wage garnishment? That sounds like federal.

 

 

I dealt with that CA as well as one time. They sent letters and called and then my loans were assigned to another CA. Mine were private student loans.

 

I have both federal and private in default. I just realized I never said this.

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Depends on the lawyer, and where you're located. Around here, it was 150-250/hr. We only needed the one hour, mostly so the lawyer could tell my mom what I had already told her (learned from these boards). But, I think him making that phone call "scared" them more so than me talking to them. YMMV. Look for a lawyer that deals specifically with creditors. Your loan want held at one time by National Collegiate Trust, was it?

 

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No it wasn't. I listened to this lawyer podcast that basically said, 'Get a lawyer that deals with student loans; because even if you get one that deals with creditors, they usually only know how to deal with credit card debt not student loan debt.' Because it's a whole different beast, which is very true.

Edited by Coll567e

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Yes and no. Federal student loans are quite a bit different than any other credit item out there. Private student loans are treated the same as other unsecured loan debt, for the most part. I do agree with finding a lawyer that has experience with private student loans, as many lawyers just see student loan, and don't want to touch it.

 

For the federal, you can only rehab once, and they can take your tax refund, garnish your wages, and also take you to court. If you haven't gotten those taken care of, no better time than the present. If you can't rehab, you might be able to consolidate. Going through the consolidation process, you'll figure out which ones are federal or private.

 

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So these are private student loans? If so there is no rehab option for private.

 

For federal they can garnish wages and tax refunds without a judgement. You can only rehab federal student loans one time.

I'm aware of the federal repercussions, and the yes loans they are going after are private student loans. However, I didn't realize there is no rehab option for private loans. That changes a lot for me. Thank you. I did send them a DV though.
Yay it sucks...no rehab. If they are federal then you can rehab one time only.

 

You mentioned they offset your federal tax return refund correct? Private student loans can not and do not do this. That is why Im a little confused?! You mentioned they were trying for wage garnishment? That sounds like federal.

 

 

I dealt with that CA as well as one time. They sent letters and called and then my loans were assigned to another CA. Mine were private student loans.

If you don't mind me asking, who was the jdb they sold it to (simms?), and what came of it?

 

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So these are private student loans? If so there is no rehab option for private.

 

For federal they can garnish wages and tax refunds without a judgement. You can only rehab federal student loans one time.

I'm aware of the federal repercussions, and the yes loans they are going after are private student loans. However, I didn't realize there is no rehab option for private loans. That changes a lot for me. Thank you. I did send them a DV though.
Yay it sucks...no rehab. If they are federal then you can rehab one time only.

 

You mentioned they offset your federal tax return refund correct? Private student loans can not and do not do this. That is why Im a little confused?! You mentioned they were trying for wage garnishment? That sounds like federal.

 

 

I dealt with that CA as well as one time. They sent letters and called and then my loans were assigned to another CA. Mine were private student loans.

If you don't mind me asking, who was the jdb they sold it to (simms?), and what came of it?

 

Sent from my LG-M150 using Tapatalk

It went to several different ones after the one mentioned. Eventually my husband and I (we both have private) were sued in court. Mine was filed and went back and forth and finally dropped because the attorney stopped responding and was found to have committed fraudulent collection tactics. For my husband we ended up hiring an attorney and the plaintiff dropped the case. They are now WAY past the sol for TX. My husband still has one that reverted back to the OC and Ive been sending $25 money order every month for the past 9 years

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So these are private student loans? If so there is no rehab option for private.

 

For federal they can garnish wages and tax refunds without a judgement. You can only rehab federal student loans one time.

I'm aware of the federal repercussions, and the yes loans they are going after are private student loans. However, I didn't realize there is no rehab option for private loans. That changes a lot for me. Thank you. I did send them a DV though.
Yay it sucks...no rehab. If they are federal then you can rehab one time only.

 

You mentioned they offset your federal tax return refund correct? Private student loans can not and do not do this. That is why Im a little confused?! You mentioned they were trying for wage garnishment? That sounds like federal.

 

 

I dealt with that CA as well as one time. They sent letters and called and then my loans were assigned to another CA. Mine were private student loans.

If you don't mind me asking, who was the jdb they sold it to (simms?), and what came of it?

 

Sent from my LG-M150 using Tapatalk

It went to several different ones after the one mentioned. Eventually my husband and I (we both have private) were sued in court. Mine was filed and went back and forth and finally dropped because the attorney stopped responding and was found to have committed fraudulent collection tactics. For my husband we ended up hiring an attorney and the plaintiff dropped the case. They are now WAY past the sol for TX. My husband still has one that reverted back to the OC and Ive been sending $25 money order every month for the past 9 years

 

 

Update:

 

So the CA responded back w/ what seem to be copies of the original private loans, but they didn't answer any other questions I listed in my DV. Also one of the loan documents I don't remember signing. It's been awhile since I've posted so I'll say it again; this particular CA isn't licensed in my state. What steps should I take now? Should I 'lawyer up'?

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Yes, lawyer up. It will cost you less in the long run, and chances are, if they're not licensed in your state, they might end up owing you money after it's over (at the very least, a strong chance that you won't have to worry about this loan any longer). Look for a consumer debt lawyer in your area who has experience with private student loans. And please, keep us posted.

 

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On 5/16/2018 at 9:08 PM, tralston3838 said:

Yes, lawyer up. It will cost you less in the long run, and chances are, if they're not licensed in your state, they might end up owing you money after it's over (at the very least, a strong chance that you won't have to worry about this loan any longer). Look for a consumer debt lawyer in your area who has experience with private student loans. And please, keep us posted.

 

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Update: It has been sold off to another JDB so I didn't have to take legal action.

 

I will still keep you guys posted because I might just settle the private ones (idk if the high tax bill is worth it/I'll just go from owing one person to another). I have to check the SOL because I think it might be close to the end. With private student loans does SOL go by the date of the last payment or the date it went into default? Also, if it falls out of SOL and your CR do you have to report the debt? I know you do with federal loans but not sure with private ones. Also, not sure if private loans leave an ugly scar on your CR after it falls off.  ( For anyone new reading, I know federal loans don't go away. This is solely about the private ones here.)

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