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    tryingtopay's Avatar
    tryingtopay Posts: 1, Reputation: 1
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    #1

    Jun 3, 2008, 12:47 AM
    Defaulted student loan lien on property
    I was previously hospitalized preventing me from paying on my student loans. When I began working again the Alaska State student loan office began garnishing my wages and took my tax refund. I was OK with this because I want the debt paid. They assured me that this was satisfactory and they did not intend to take any other action. I have now received a notice that they have taken a lien on all my property. So basically I do not trust them and wonder if anyone knows the Law on this or could recommend an attorney that has successfully prevented these people from ruining others lives.

    1. Does the lien affect my spouse and any property that he has in his name without me on the loan or title

    2. Does the fact that they have a lien on my property mean that they will force sell it to pay off the debt.

    I'm concerned because I need my car to get to work to pay the debt, obviously I need my home for myself and my children and third I have income producing property that I need to generate income to pay off the debt. I run a separate summer business that requires certain equiptment and vehicles.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Jun 3, 2008, 05:18 AM
    They can only put a lien on property you owe or have your name on. So go down to the recorder of deed office where you own your property and see if a lien has been filed.

    Normally this is only there to be sure they get paid if you were to sell the property, not to force you to sell.
    Sues Lab's Avatar
    Sues Lab Posts: 19, Reputation: 1
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    #3

    Jun 4, 2008, 12:50 PM
    I know here in virginia, you just need to call them and normally they will be happy to work out arrangements with you
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Jun 5, 2008, 08:09 AM
    Quote Originally Posted by Sues Lab
    I know here in virginia, you just need to call them and normally they will be happy to work out arrangements with you

    They already have a Judgment and Lien; I think the working things out part of this is long gone.
    Sues Lab's Avatar
    Sues Lab Posts: 19, Reputation: 1
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    #5

    Jun 5, 2008, 10:13 AM
    I have liens coming through all the time and I have the employees come in and call and they work something out with them every time. They don't want to take your property or your whole pay check if they don't have to so call them. ITS NOT TO LATE
    Unless you have it in writing that they were not going to pursue then they can do whatever they want
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Jun 5, 2008, 11:08 AM
    Quote Originally Posted by Sues Lab
    I have liens coming thru all the time and I have the employees come in and call and they work something out with them everytime. They dont want to take your property or your whole pay check if they dont have to so call them. ITS NOT TO LATE
    Unless you have it in writing that they were not going to pursue then they can do whatever they want


    Are you talking about liens or garnishments where you work - ? Perhaps you work in a County Office, recording documents - I don't really know.

    They can't take your whole pay check - they can only take a percentage (in "most" States, by Statute), anyway.

    And, yes, nobody wants to bother with seizing cars - liening against property is a whole different thing. In my experience the lien against property is filed, there is an agreement to pay, when it's paid off the lien is removed.

    It probably depends on the amount of the Judgment?

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