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

Asked over 1 year ago - 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)

  1. Kathryn Ursula Tokarska

    Contributor Level 16

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    Lawyers agree

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    Answered . 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.

  2. Michael J Corbin

    Contributor Level 20

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    Lawyers agree

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    Answered . 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?

    We can be reached at 507.334.0155 (Toll Free: 888.777.5009). Our web address is: www. corbin-law-office.com.... more
  3. James Cannon Huber

    Contributor Level 12

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    Answered . 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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