[cjw111]

Just discovered today that the Texas AG's office has levied against my bank account for a judgment taken in 9/97 on a defaulted state student loan. Problem: I use my debit card to pay for ordinary living expenses - food, gas, rent, utilities, etc. - and I now have no access to my money for any of these items. The judgment is for $40,000+ and my total bank account amounts to less than $5,000. I am a 63 year old contract attorney (temporary assignments) with no other funds and no steady income source. If I had steady employment, I would have made an agreement to make payments on the indebtedness. What do I do? I need to eat! On top of it all, I'm an insulin-dependent diabetic! This is akin to a death sentence.

[ScottGem]

Sorry, but you, of all people, should have been aware that this could happen. I don't see any recourse but an appeal to the state AG.

[cjw111]

Yes, I suppose it would seem so to a non-lawyer. However, this is not my area of practice and, therefore, I know nothing about it.

[ScottGem]

Oh come on. You said you were a CONTRACT lawyer. What is a debt but a contract??

I may not be a lawyer, but I'm not dumb.

[cjw111]

A "contract" lawyer is one who takes on temporary work assignments, usually a couple months in duration. It doesn't have anything to do with working on contracts.

[ScottGem]

OK, my mistake, but I still don't buy since this type of thing would be covered in basic contract class.

[Fr_Chuck]

Ok, since I have been to law school I will pick on you. Since contracts is first year law school for all students.

But it is very simple, you borrowed the money, and you failed to find or for some reason failed to get full time work to pay off your debt.

So you get some part time work, do para legal or pick up some bankruptcy work to pay some bills.

Get a loan perhaps for temp living expense. You had a debt and you needed to take care of it, In fact normally they don't even have to get a judgement against you. For a student loan.

But with a judgement you would be served notice, had a hearing so you would have long before known this was going to happen.

[ScottGem]

But with a judgement you would be served notice, had a hearing so you would have long before known this was gonig to happen.

I agree with all the rest, but since this was for government subsidized student loans, there may not have been a judgement. But I'm sure the possibility of an attachment would have been mentioned by the collectors.

[JudyKayTee]

Just discovered today that the Texas AG's office has levied against my bank account for a judgment taken in 9/97 on a defaulted state student loan. Problem: I use my debit card to pay for ordinary living expenses - food, gas, rent, utilities, etc. - and I now have no access to my money for any of these items. The judgment is for $40,000+ and my total bank account amounts to less than $5,000. I am a 63 year old contract attorney (temporary assignments) with no other funds and no steady income source. If I had steady employment, I would have made an agreement to make payments on the indebtedness. What do I do? I need to eat! On top of it all, I'm an insulin-dependent diabetic! This is akin to a death sentence.

My husband was a brittle, insulin dependent diabetic. He had a Doctorate - a lot of it was on scholarship but he made a sufficient salary to pay his bills, including his student loans. I fail to see how insulin dependent diabetic equals a free ride. I fail to see the "death sentence" here, by the way. If you cannot afford insulin, lancets, whatever else you need, there are all sorts of Government programs out there.

Let's see what I know about you -

You went to law school but haven't been able to make enough money practicing law to pay your student loans since 1997 (12 years as I calculate it).

You post a question about debt on a public board because I can only assume you don't know how to do your own research. I can only guess that that COULD present a problem when you're asked questions by other people. (Note that the "non-Lawyers," as you refer to them, ARE able to research not only their own questions but also yours. And I'll bet THEY made enough money and were responsible enough to pay their student loans.)

You criticize the people who attempt to help you over the meaning of the words "contract." (By the way, what you call a "contract" Attorney in your area is called a "rent an Attorney" in my area, just as mall security is referred to as rent a Copy. Also in my area CONTRACT Attorneys are business law specialists who have a subspeciality of contract law.

By virtue of all of the above you have not been able to accumulate enough money or earn a sufficient income to pay your student loans since 1997 - 12 years.

You insult the regulars and experts in the process of asking the question and providing information.

I see no out. Pay the money, insulin dependent or not. If you haven't been able to make a living practicing law since 1997 it's probably time for a career swtich, anyway. I don't know why you have a license to practice - if you do - with this financial irresponsbility hanging over your head. In some States financial irresponsibility can get you not admitted OR disbarred.

And, yes, I went to law school And I paid my student loans. And, no, I'm not a diabetic.

[cjw111]

Thank you all for your help.