Ask Experts Questions for FREE Help !
Ask
    rhodesbud's Avatar
    rhodesbud Posts: 4, Reputation: 1
    New Member
     
    #1

    May 13, 2009, 06:23 AM
    Student loan default
    If I was to default on my remaning student loans can they attach my husbands income,etc since the loans were acquired before we were married?
    bnikhazy's Avatar
    bnikhazy Posts: 6, Reputation: -1
    New Member
     
    #2

    May 13, 2009, 06:41 AM

    I am not 100% sure, but I do not think they can. However, I urge you to do everything possible to NOT default. I did and it was a mess. It will haunt you forever. It never comes off. Try to stay in contact with them and pay even $20.00 a month - anything to show effort. Best wishes on this. I know what you are going through.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    May 13, 2009, 06:46 AM

    No, if the loans were made before your marriage, they can't touch assets solely in his name. However, if you file a joint tax return, they can attach any refund, they can go after joint assets, etc.
    rhodesbud's Avatar
    rhodesbud Posts: 4, Reputation: 1
    New Member
     
    #4

    May 13, 2009, 07:18 AM
    Quote Originally Posted by bnikhazy View Post
    I am not 100% sure, but I do not think they can. However, I urge you to do everything possible to NOT default. I did and it was a mess. It will haunt you forever. It never comes off. Try to stay in contact with them and pay even $20.00 a month - anything to show effort. Best wishes on this. I know what you are going through.
    Well, I already ruined my perfect credit with filing bankruptcy this past year and my home will be auctioned on May 26th. I just can not afford to make these payments they want and they do not want to meet me 1/2 way on this. If I did default, could I later hire an attorney to clean up my credit file and repair it then?
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
    Ultra Member
     
    #5

    May 13, 2009, 07:33 AM
    Quote Originally Posted by rhodesbud View Post
    Well, I already ruined my perfect credit with filing bankruptcy this past year and my home will be auctioned on May 26th. I just can not afford to make these payments they want and they do not want to meet me 1/2 way on this. If I did default, could I later hire an attorney to clean up my credit file and repair it then?
    A few things. If you were eligible to file bankruptcy, then you didn't have "perfect credit." People file bankruptcy when they have accumulated debt and are unable to pay for it. So the unpaid debt was already being reflected on your credit long before you filed for bankruptcy.

    You don't need an attorney to clean up your credit report. You can ask that the negative reports be removed, but the company who reported has to be willing to remove them.

    If you default on your student loans, they can garnish anything with your name on it, as has already been pointed out to you. Checking accounts, savings accounts, joint tax returns, etc. Just because you weren't married when you incurred the debt doesn't mean anything with your husband's name is exempt.
    bnikhazy's Avatar
    bnikhazy Posts: 6, Reputation: -1
    New Member
     
    #6

    May 13, 2009, 12:39 PM

    An attorney will always help. However, student loan defaults seem to be treated differently. It stays with you like luggage. This is why I responded to you - I remember this issue with me like it was yesterday. I don't think an attorney can expunge this. I had actually paid my student loans 4 years after graduation and it still reared it's ugly head years after that.. Especially with anything involving government. Even though you filed bankruptcy, I strongly recommend communicating with your student loan officer to minimize any damage to this point.. Trust me, it's worth your time. You will get through this and later in life you will be rewarded.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #7

    May 13, 2009, 01:38 PM
    Quote Originally Posted by bnikhazy View Post
    I am not 100% sure, but I do not think they can. However, I urge you to do everything possible to NOT default. I did and it was a mess. It will haunt you forever. It never comes off. Try to stay in contact with them and pay even $20.00 a month - anything to show effort. Best wishes on this. I know what you are going through.


    This is a legal thread - please don't guess at answers.

    As it happens you are right - the husband's assets CANNOT be used/attached to pay this loan.
    bnikhazy's Avatar
    bnikhazy Posts: 6, Reputation: -1
    New Member
     
    #8

    May 13, 2009, 01:50 PM

    I was not guessing. I explained that I was not sure. I simply assisted in what I knew. Get over yourself -

    Please don't bring your NY attitute in threads..
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
    Ultra Member
     
    #9

    May 13, 2009, 01:57 PM
    Quote Originally Posted by bnikhazy View Post
    I was not guessing. I explained that I was not sure.
    So if you weren't sure but weren't guessing, what were you doing?

    P.S. It's "attitude"

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Another F1 student - Private International Student Loan on 1040-NR-EZ [ 11 Answers ]

I'm in my fourth year of college as an international student. I filed 1040-NR-EZ since my first year since I always had a small income coming from on-campus employment. I financed these past two years of school with Sallie Mae International Student Loans and I was wondering if those will influence...

What happens if I default on a loan? [ 3 Answers ]

I have just checked my credit report online and the notes on it say I defaulted on a loan. The last update from the loan company was 3 years ago and it says that they were unable to reach me. I am not in a position to pay back the loan and although I still have an address in the UK where I took...

Default on car loan [ 6 Answers ]

I am facing a serious situation.I had a car loan and then I gat into an accident.It was a hit and run and the police never found the people that hit me.Unfortunelty right before that, because of serious financial problems, I couldn t make my insurance payments.Now I received a call from a lawyer...


View more questions Search