If you default on a federal student loan, then your wages or bank accounts can be garnished without a court order or judgment. The maximum that can be withheld for federal student loan garnishment is 15% of your disposable income.
If you're in debt, you may be wondering if your creditors can simply “take” your money by freezing your bank accounts and either taking what you owe them or keeping your account frozen until you pay them. The simple answer is “yes” they can do that.
If you default on your student loan, that status will be reported to national credit reporting agencies. This reporting may damage your credit rating and future borrowing ability. Also, the government can collect on your loans by taking funds from your wages, tax refunds, and other government payments.
The Department of Education and private lenders can take money from your bank account to recover student loan debt that's in default. But they cannot garnish your accounts automatically. They have to sue you and get a court judgment against you before starting the garnishment using a bank levy.
The federal government won't take your home because you owe student loan debt. However, if you default and the U.S. Department of Education cannot garnish your wages, offset your tax refund, or take your Social Security Benefits, it may sue you.
When you owe money and do not pay, you risk having any money in an account at a bank or credit union automatically withdrawn to pay your debt. This is called bank account garnishment or bank account levy. Creditors trying to collect commercial debt must go to court to get an order of bank account garnishment.
The police won't come after you if you miss a payment. While you can be sued over defaulted student loans, this would be a civil case — not a criminal one. As a result, you don't have to worry about doing any jail time if you lose.
Both federal and private student loans fall off your credit report about seven years after your last payment or date of default. You default after nine months of nonpayment for federal student loans, and you're not in deferment or forbearance.
After at least 20 years of student loan payments under an income-driven repayment plan, your undergraduate student loan debt will be forgiven. For graduate school students, your student loan debt can be completely forgiven after 25 years. Physical inability to pay loans may also affect your student loan status.
Ask the bank to lift the freeze if the account has funds exempt from garnishment under federal law. You can also ask the bank to waive or refund NSF fees that resulted from the freeze. If the bank doesn't release exempt funds, you'll most likely have to go to court to get access to them.
Bank accounts solely for government benefits
Federal law ensures that creditors cannot touch certain federal benefits, such as Social Security funds and veterans' benefits. If you're receiving these benefits, they would be exempt from garnishment.
Are There Other Ways To Stop a Bank Levy? Yes. If you file for bankruptcy, creditors have to stop all collections actions, including bank levies. You can also try negotiating the debt (and repayment plan) with the creditor or presenting a case for financial hardship.
What Accounts Can the IRS Not Touch? Any bank accounts that are under the taxpayer's name can be levied by the IRS. This includes institutional accounts, corporate and business accounts, and individual accounts. Accounts that are not under the taxpayer's name cannot be used by the IRS in a levy.
Privacy Banking Trusts (PBTs) as a Solution: PBTs provide a robust method for safeguarding personal bank accounts by legally separating the individual from their financial assets, thus offering enhanced security against garnishments and legal threats.
Your loan holder can order your employer to withhold up to 15% of your disposable pay to collect your defaulted debt without taking you to court. This withholding (“garnishment”) continues until your defaulted loan is paid in full or the default status is resolved.
The default is reported to credit bureaus, damaging your credit rating and affecting your ability to buy a car or house or to get a credit card. It may take years to reestablish a good credit record. You may not be able to purchase or sell assets such as real estate. Your loan holder can take you to court.
Both private lenders and the US government have been known to take a student loan borrower to court—and this can ultimately result in your house being repossessed. The US Department of Justice has reported that more than 3,300 student loan borrowers have been sued for defaulting in recent years.
Roughly 42.7 million Americans have outstanding federal student loan debt — that's about 12.5% of the U.S. population, per census data.
You may have your federal student loan discharged in bankruptcy only if you file a separate action, known as an "adversary proceeding," requesting the bankruptcy court find that repayment would impose undue hardship on you and your dependents.
The Grace Period
For most federal student loan types, after you graduate, leave school, or drop below half-time enrollment, you have a six-month grace period (sometimes nine months for Perkins Loans) before you must begin making payments.
Yes. Certain types of creditors, such as those collecting on student loan debts or child support arrears, may be able to freeze your bank account even if the account contains exempt funds. You should consult a lawyer to determine the best course of action.
If you are struggling with debt and debt collectors, Farmer & Morris Law, PLLC can help. As soon as you use the 11-word phrase “please cease and desist all calls and contact with me immediately” to stop the harassment, call us for a free consultation about what you can do to resolve your debt problems for good.
If your wages or bank account have been garnished, you may be able to stop it by paying the debt in full, filing an objection with the court or filing for bankruptcy.