SSDI Garnishment For Student Loans

[PAMichael]

Hello.

I understand that in 1996 the debt collection act was changed to allow garnishment of SSDI for Student loans, as excerpted below.


"The Debt Collection Act does provide some protections however. The first $750 of Title II paid to a recipient is protected and the total amount recouped from each monthly benefit payment cannot exceed 15% of the total benefit. SSI benefits are specifically exempted from this process and remain totally protected."

http://www.ilr.cornell.edu/EDI/publi...iefs/PP_19.txt

My question is this: Does the 15% garnishment apply to ONLY amounts received monthly ABOVE the $750 that is protected, or is it 15% of the TOTAL received each month?

The difference could be enormous! If a person receives $1000 a month and it can be garnished including the $750, the garnisment would be $150/month; If the $750 is completely protected, then only $250 could be garnished for $37.50 a month!

[Betty3]

Also see from 10-07 http://www.expertlaw.com/forums/showthread.php?t=32552

[Betty3]

The first $750.00 is completely protected in all ways. (It can't be garnished.)