My brother has a few default student loans...

State is CALIFORNIA

In 1999 he met an accident and got some physical disability. He earns disability check now. Can the loan holder withdraw money from his Disability check?

Since he is not completely disable we cannot apply for loan discharge. But can't bear the amount at this moment. Please suggest.

Federal student loans are such a special issue that cannot be compared with other kind of debts.

However; under certain circumstances disability benefits can be garnished for child support through family court and the related laws vary for different states. I would suggest you to consult a family court lawyer of your state.

A disability check cannot be garnished.

Actually, since student loans are goverment money, disability checks can be garnished. If you can't prove total and permanent disability, or if the disability is a preexiting condition, meaning that the borrower was already disabled at the time of the opening of the loan, then this borrower is vulnerable to having his disability check garnished.

When someone is found to be NOT totally and permanently disabled, it means that this person CAN work a limited arrange of jobs. I suggest he step up to the plate, and ask about an income contingency loan rehabilitation.

Garhishments Suck but you can avoid them all together if you know what your doing.

The Debt Collection Improvement Act authorizes federal agencies or collection agencies under contract with them to garnish up to 15% of disposable earnings to repay defaulted debts owed the U.S. Government. The Higher

Education Act authorizes the Department of Education's guaranty agencies to garnish up to 10% of disposable earnings to repay defaulted federal student loans. Such withholding is also subject to the provisions of the federal wage garnishment law, but not state garnishment laws. Unless the total of all garnishments exceeds 25% of disposable earnings, questions regarding such garnishments should be referred to the agency initiating the withholding action.

Why subject your self to the risk of garnishment at all when you can avoid it with the Plan B Program provided by THE ALTERNATIVE TO BANKRUPTCY