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If I consign for a person student loan Sallie Mae, can I loose my Ira retirement ?

Chatsworth, CA |

I don't find my answer for my question . The person responsible is in jail

Attorney Answers 3

  1. You can't lose your IRA, but your retirement income and your Social Security can be garnished.

  2. Depends if the student loan is a "private" loan or "guaranteed" loans (federal loan). In both cases the balance in the IRA is safe. However, a guaranteed loan can go after retirement income and social security. Private student loans must sue before they can resort to enforced collection.

  3. Nobody loses anything until the creditor obtains a judgment. A judgment is not obtained unless there is a lawsuit filed, copies of the lawsuit served on you, a court proceeding and notice of judgment entered. Then, the creditor can undertake steps to enforce the judgment. Plenty of things must occur before your assets are at risk. Even then, you can claim certain assets exempt including wages, retirement money, vehicles, real estate equity, etc by filing the appropriate claim of exemptions. If you want to protect your SS money, you can request it be paid in the form of Direct Express card. Direct Express is a prepaid debit card on which federal payments, including Social Security, SSI, and VA benefits, can be deposited. Benefits paid this way cannot be frozen or garnished unless they fit the exceptions under federal law – for example, if you owe child support or alimony. Good luck.

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