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. Answers on Avvo are not to be considered a response to a specific legal issue in a specific jurisdiction - they are to be considered only general responses to hypothetical scenarios posed by the questioner. For specific legal advice, please consult with a licensed attorney in your jurisdiction. No information contained herein should be construed as a solicitation for business, an offer to perform legal services in any jurisdiction in which the attorneys of Corbin Law Office are not licensed, or the dissemination of legal advice. No creation of an attorney-client relationship should be assumed or implied. We are a debt relief agency. Corbin Law Office helps people file for bankruptcy relief under the bankruptcy code.
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.
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.