Student Loan Law: 9.4.2.4.6 The role of the debtor’s employer
The borrower, not the employer that receives a garnishment order, must assert any defenses to garnishment.187 Guaranty agencies and the Department have the authority to sue employers refusing to comply with garnishment orders to recover amounts the employer has refused to withhold plus attorney fees, costs, and punitive damages in the court’s discretion.188 An employer is prohibited from discharging, disciplining, or refusing to hire an individual because the person’s wages have been subject