CHARLESTON, W.Va. – The federal Department of Education plans to start garnishing the wages of federal student loan borrowers in default in January, putting more than 5 million Americans at risk of losing part of their paycheck.

Emmett Pepper

That change caught the attention of Charleston attorney and city councilman Emmett Pepper, who believes that brings undue pressure on borrowers.

“There’s a concern that if they’re in default, they can start having their wages garnished, and if they don’t have their address updated with the federal government at the Department of Education, they may not get notice of it, and it might be a big surprise,” he said Monday on 580 Live with Dave Allen.

According to Pepper, making sure contact details are up to date is just one of the ways borrowers can be prepared in case they go into default.

“It’s not going to be good for our country, I don’t think, and so there’s things that we can do. This is not the kind of thing where you can stick your head in the sand. You have to be proactive. You have to look into it. If you get the notice, you have to do something about it, and there are things you can do.

As a bankruptcy attorney, Pepper is experienced in working with people struggling to pay off their debts. He said that student loans are hard to get rid of in many cases because they are treated differently than most debt.

“Even if you’re in the situation where you’re drowning in debt and you have to file bankruptcy, you’re still stuck with those. Even in that context, and it’s a little bit wonky, so I’m not going to get into it, but basically, you can be in bankruptcy, and there’s a kind of bankruptcy where you have to make payments and stuff, and actually the student loans will get treated worse than other debts,” he said.

Pepper wants borrowers to understand that even if they are having trouble paying off their student loans, there are ways to work out from under that debt. In some cases, like when schools like Alderson-Broaddus or Mountain State University close, they could even have a case to get their loans cancelled.

“They can be treated a little differently. It’s worth talking to an attorney or somebody about if you have a situation where your school went under. It could be that that’s a reason to get rid of the student loans because the value that you’re getting is not what you thought you’re getting or what you should have gotten,” Pepper said.

Notices of wage garnishment for federal student loan payments are expected to begin going out during the week of January 7.