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Student loans in default and your pay is being taken

How federal loan default happens, wage garnishment and offsets, requesting a hearing, rehabilitation and consolidation, and private loans.

Quick answer

Federal student loans usually default after about 270 days of missed payments. Then up to 15% of your take-home pay, tax refunds and part of some federal benefits can be taken without a court case, after notice. You can request a hearing by the notice deadline for hardship or errors. To get out, rehabilitate (9 affordable monthly payments, removing the default from your credit history) or consolidate into a new loan. It’s free through StudentAid.gov. Private lenders usually must sue first.

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Your checklist

  • Know how default happens
  • Know what can be taken
  • Respond to garnishment notices on time
  • Rehabilitate or consolidate
  • Start at StudentAid.gov; it’s free
  • Private loans: respond if sued

Rather read it? Here’s the whole thing.

How default happens

Federal student loans usually go into default after about 270 days of missed payments. The full balance can become due, and collection costs may be added.

What can be taken (federal loans)

  • Wage garnishment: up to 15% of your disposable (take-home) pay, without a court order.
  • Treasury offset: federal tax refunds and part of certain federal payments, including some Social Security benefits.

You must receive written notice first, with a deadline to respond.

Respond to notices

You can request a hearing to object, for example due to financial hardship, an incorrect amount, or if you were recently rehired after being fired. You can also set up a repayment agreement.

Ways out of default

  • Rehabilitation: make 9 voluntary, reasonable and affordable monthly payments within 10 months. The default record is removed from your credit history, and garnishment stops after enough payments. Usually available once per loan.
  • Consolidation: combine defaulted loans into a new Direct Consolidation Loan and choose a repayment plan.
  • Pay in full, if possible.

Use free official help

Start at StudentAid.gov to find who holds your loans. Never pay a company to get out of default.

Private loans

Private lenders generally must sue and win a court judgment before garnishing wages. If you’re sued, respond on time and seek legal help; old debts may be past your state’s time limit.

Official sources, and where to look

To find your local office, search for:

  • studentaid.gov default resolution group
  • student loan wage garnishment hearing request

Pick sites that end in .gov. Official forms are almost always free.

Common questions

Can they take my Social Security for student loans?

Part of certain Social Security benefits can be offset for defaulted federal student loans, with limits. Get notice and respond quickly. More ›

Does rehabilitation fix my credit?

It removes the default notation, though earlier late payments may remain on your report. More ›

How much can be garnished for defaulted student loans?

For federal loans, up to 15% of your disposable pay through administrative wage garnishment, without a court order, after written notice. More ›

How do I get my student loans out of default?

Through loan rehabilitation (9 affordable monthly payments in 10 months), consolidation into a Direct Consolidation Loan, or paying in full. More ›

Can I stop a student loan wage garnishment?

You can request a hearing by the deadline in the notice to object for hardship or errors, or enter an agreement. Rehabilitation can stop it after enough payments. More ›

Will they take my tax refund for student loans?

Defaulted federal student loans can lead to your federal tax refund being taken through the Treasury Offset Program. More ›

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Not yet reviewed by an expert. Last checked 2026-10-29. This is general help, not legal, medical or professional advice. Rules are different in every state.