Do medical bills fall under undue hardship? 5 Answers as of April 08, 2014

I am being harassed by collectors for my defaulted student loan from 17 years ago. They are seeking 15% garnishment that will put me back out on the streets again. I am 50 I have no assets, and I finally got a job after being homeless and unemployed for a few years. I have a long list of medical bills and my pay covers my rent and basic living expenses. Can the department of education make me pay them and not pay for my medications that keep me alive? Can they make me not pay my car payment so I can’t get to work and lose my job? Can they force me not to pay my rent so I have to go to a shelter?

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Stephens Gourley & Bywater | David A. Stephens
They can garnish your paycheck. You may want to contact them about working it out or see an attorney who specializes in student loans.
Answer Applies to: Nevada
Replied: 4/8/2014
SmithMarco, P.C.
SmithMarco, P.C. | Larry P. Smith
First of all, you should never have to deal with harassment by a debt collector. If they are harassing you, you do have rights to pursue them for damages under the law. Second, there are all sorts of ways to get relief from a student loan debt. Making them go away is quite difficult, but it is possible in a bankruptcy.
Answer Applies to: Illinois
Replied: 4/7/2014
Edelman, Combs, Latturner & Goodwin, LLC | Daniel A. Edelman
You may be able to get relief from the Department of Education on the ground of undue hardship. You may also be able to get the debt discharged in bankruptcy for that reason.
Answer Applies to: Illinois
Replied: 4/7/2014
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
It is probably not dischargeable. However, you can sue them for harassment for which you can be entitled damages and your legal fees are paid through the lawsuit.
Answer Applies to: New York
Replied: 4/7/2014
Cameron Totten | Cameron Totten
There is no strict definition. All of those factors can be taken into account. You should contact them directly about a plan that only requires minimal, if any, payments right now.
Answer Applies to: California
Replied: 4/7/2014
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