An administrative wage garnishment allows the Department of Education to garnish your wages without having to get a judgment in court.Unless you agree to a higher amount, the Department can garnish the lesser of 15% of your disposable pay or the amount exceeding 30 times the federal minimum wage, which as of .25/hour.(The Department defines disposable pay as the amount of your pay remaining after deducting health insurance premiums and other amounts such as Social Security taxes and withholding taxes.) Example Shaun’s weekly disposable pay of 0.
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Since he still has $82.50 of disposable pay remaining, the government can either take that amount or 15% of his disposable pay, whichever is less. Because $45 is less than $82.50, the government can garnish $45 each week from Shaun’s wages. If you request a hearing within 30 days of getting the notice, your garnishment shouldn’t start (if at all) until after your hearing.
But if you wait until after the 30th day, your garnishment will start even though you have a hearing pending.
You can request a hearing by submitting a hearing request form to the Here’s what the form looks like.
And if you’re requesting the hearing so you can object to the garnishment because it’s a hardship to you and your dependents, you must submit a financial disclosure form. Submit the request for hearing form and financial disclosure statement to the Department at: US Department of Education Attn: AWG Hearings Branch PO Box 5227 Greenville TX 75403-5227 When you’re completing the request for hearing you can object to the debt’s existence, amount, or enforceability.
You can also object to the amount or rate of the garnishment.