[rhodesbud]

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]

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]

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]

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]

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]

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]

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]

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]

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"