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Can Sallie Mae garnish my husbands paycheck since I am unable to forbearance or pay my Private Student Loan at this time?

San Diego, CA |

Ok so I'm unemployed & can not collect unemployment. Have applied for jobs everywhere known to man! No luck in over a yr! I can not pay my private student loan fee.I thought I could forbearance it but I can't until I pay the loan amount 3 months in a row before being able to do so again.I can't do so.I do not know what will happen after it defaults.They told me to ask some1 else to pay for it I just laughed & was like yeah right! They told me to call back in a month if it hasn't been paid.They want my husbands work & pay info! Um no! My husband shouldn't have to pay for the debt he has nothing to do with. I acquired it before we were married! He pays for everything now & can't afford my loan fees on top of it all. We have separate bank accounts. There's more to story jst cant fit it all

Attorney Answers 3


Technically, no, your husband is not liable for your student loan debts. This is especially true since it was acquired prior to marriage. They were just trying to get some financial information to see if they can collect. So long as he doesn't have a joint bank account with you and none of the assets are in your name, you're pretty much judgment proof. Make sure you file separate tax returns, or the IRS will intercept the refund for your loans. Have you tried any relief programs besides simply getting into forbearance?

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Dear Michael! That response makes me feel a lot better! What kind of relief programs are available for Private student loans? I've searched online but all I find are Federal loan relief help etc. If you know of any relief programs related to Private student loans & could point me in the right direction I'd greatly appreciate it!!! What makes things worse about my situation is that we will be moving to the middle east for my husbands job at the beginning of the new year 2013 for 2 yrs as well. I was told I probably can not work over there either due to where he will be stationed. (>.<) So I do not know what I should do or what will happen to me etc. Since I will not be able to work/pay it for a long time. When I had a job I payed on it so it's not like I do not want to pay it! I talked to a decent amount of attorneys about trying to prove undue hardship in the court of law. The first one I talked to laughed at me and hung up... The others explained to me that I would not be able to prove it since I am not severely injured (lots of missing body parts) or dying etc. They even tried to help a dying person w/cancer & a homeless man prove and win it in court and did not succeed...


Also bear in mind that in order to do wage garnishment for private, specifically private, not federal student loans, the creditor must sue first and receive a judgment in court before any bank levy, garnishment or lien recordation.

Unfortunately, there are at least a million people in your situation. My heart goes out to you. I hope you find a good job real soon.

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Yes, make sure that you are filing seperately so that those debts cannot be imputed to you. There are many ways that you can avoid a judgment. For instance, most creditors that get a judgment will try to enforce it on the days that it is most likley for you to have the most money in your account. So if you make sure that your account does not have money in it from the 11-16th you have a better chance at missing their levy.

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