What can my brother do to stop wage garnishment in Missouri? 1 Answers as of January 27, 2011My brother had school loans from almost 20 years ago. They said they sent info out to make arrangements or his checks would be garnished. In the process of getting married and moving to a new address, he did not receive the information. They started garnishment of his check. That was 6 months ago. He is now starting a new job in the next week. My question is: Is there anything that can be done to make some type of arrangements so that he does not have that amount garnished? (He also makes mandatory monthly tax payments each month)
David R. Fondren, Attorney at Law | David R. Fondren
Your brother can contact the student loan people directly and try to work out a payment plan. An alternative: A chapter 7 bankruptcy would temporarily stop the garnishment. But, unless you file a separate complaint to prove a hardship, they are non-dischargeable and have to be paid despite the bankruptcy. A chapter 13 plan would allow for the student loan to be paid fully in the bankruptcy or treated as a long term debt. The taxes may or may not be dischargeable depending on what they are for and how old they are and several other factors. If your brother has a lot of other debts that he can get rid of, that would free up some of his income to pay the student loans, either with a 7 or 13.
Answer Applies to: Missouri