34 CFR 34.12 – Request for reconsideration
(a) If you have received a decision on an objection to garnishment you may file a request for reconsideration of that decision.
Terms Used In 34 CFR 34.12
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
(b) We do not suspend garnishment merely because you have filed a request for reconsideration.
(c) We consider your request for reconsideration if we determine that—
(1) You base your request on grounds of financial hardship, and your financial circumstances, as shown by evidence submitted with the request, have materially changed since we issued the decision so that we should reduce the amount to be garnished under the order; or
(2)(i) You submitted with the request evidence that you did not previously submit; and
(ii) This evidence demonstrates that we should reconsider your objection to the existence, amount, or enforceability of the debt.
(d)(1) If we agree to reconsider the decision, we notify you.
(2)(i) We may reconsider based on the request and supporting evidence you have presented with the request; or
(ii) We may offer you an opportunity for a hearing to present evidence.