My ex-wife has a private student loan with Sallie Mae. She has some health issues and is not making payments. They claim I co-signed on the loan, but I do not recall doing so and the loan date was after our divorce (which makes this all the more unlikely). I asked Sallie Mae for proof of my signature on the loan documents, but they have not, as of yet provided them. I hope to straighten this out prior to any sort of a lawsuit, but what rights do they have (if any) to seek garnishment prior to judgment.
Florida law does have a procedure for a creditor to obtain a pre-judgment writ of garnishment. Your question seems to indicate that the creditor has not yet filed suit which must happen before any garnishment. If the loan was after your divorce, is it possible that someone could put your signature on a loan document? In the event that you receive a summons your should hire a lawyer and promptly respond. Good luck.
Generally, a creditor must obtain a judgment before beginning a garnishment but federally-backed student loans are the exception and under federal law, a garnishment can begin without a lawsuit or judgment!
Advice on this forum is for informational purposes only and should never be mistaken as a substitute for legal advice. If you are in need of legal advice, you should consult local legal counsel.
I agree with my colleague that Florida law provides for pre-judgment writ of garnishment, but certain conditions must be met. I attached the link to Florida Statute for the conditions. The suit must be filed before a creditor can seek prejudgment writ.
Please note that the above is not intended as legal advice, it is for educational purposes only. No attorney-client relationship is created or is or is intended to be created by my answer. You should contact an attorney in your area to discuss your case.
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