My father cosigned a student loan and now has a judgement against me and my wages are being garnished.

I have talked with the loan company and received the paperwork to have the loan put in my name. My father filed garnishments in two states as I had moved to a different state and then moved back to my home state. I have not talked with him in years. I need his signature to have the loan put in my name. What is the best way to go about this?? Once/if he signs the papers putting the loan in my name, how do I stop the garnishments? thank you in advance.

Tucson, AZ -

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Attorney Answers (2)

Vince Rabago

Vince Rabago

Litigation Lawyer - Tucson, AZ
Answered

If the loan company is willing to release him as a co-signer, that is great. However, if he has a judgment against you, that will not get rid of the judgment. There are facts that are unclear in your question, so this makes it difficult to try to answer your question. Your question seems to suggest that the judgment is related to the student loan. Is that correct? Did he sue you because the student loan company pursued him? As a practical matter, if he decided to sue you because of his liability from the loan, and he got a judgment, what will make him willing to get his name off of the student loan at this point? It would seem that he would have sued because he had incurred a debt as a result of the loan (in other words, the loan company sued him). If true, simply transferring the loan fully to you at this point may not cause the result you are looking for. It is unclear at this point though without more facts. I would strongly suggest that you consult with a consumer debt or bankruptcy lawyer in Tucson. Although the student loans may not be dischargeable in bankruptcy, the father's judgement may be dischargeable. You should contact a qualified consumer debt attorney ASAP. Good luck!

Vince Rabago
www.VinceRabagoLaw.com

James Portman Webster

James Portman Webster

Bankruptcy Attorney - Mesa, AZ
Answered

I am not sure you fully understand your situation. I know I don't fully understand your situation.

With that being said, you cannot double collect on a debt. So if he has a judgment for money you have refinanced, this should be told to the court to minimize the amount of the judgment.

Here is the situation I am concerned about: If you father had to pay $1,000 you will still owe him $1,000 (at a minimum) because if you refinance the note, this amount will not include the amounts he paid.

You need to talk to an attorney.

Jim Webster
Scottsdale, Chandler, Mesa & Phoenix Arizona Bankruptcy Attorneys & Lawyers

1845 S. Dobson Rd. Ste 201
Mesa, AZ 85202

(480) 464-4667
Jim@jpwlegal.com

We are a debt relief agency. We help people file for relief under the Bankruptcy Code.

If you live in Arizona, please contact me for actual advice; this is just speculation. It certainly is not legal... more

Related Topics

Wage garnishment

Wage garnishment is the process whereby your employer sends part of your paycheck directly to your creditor in order to pay off your debt.

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