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1.11.6 Challenging Collection

Many defenses can be raised specifically in response to certain types of collection such as tax refund intercepts or administrative wage garnishments. Timing for these challenges is critical. Advocates should be sure to check all notices and determine whether it is still possible to file a response to a collection action. The specific deadlines for responding to extra-judicial collection actions are discussed in Chapter 9, infra. Borrowers may generally request hearings after the deadlines expire, but the collection action will not be stayed pending a hearing.

The collection process, including the major collection players, is discussed in more detail in Chapter 8, infra. The response date for lawsuits can be found on the summons. Possible defenses to student loan collection lawsuits are discussed in Chapters 8 (for federal loans), 10 (school-related conduct defenses), and 12 (for private loans), infra. In addition, possible fair debt collection violations, discussed in Chapter 8, infra, should also be considered.