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WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 17080
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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I have recently gone through a divorce and bankruptcy, now

Customer Question

I have recently gone through a divorce and bankruptcy, now I have recvd a notce that I am being sued for my daughter defaulting on a student loan, that my x and myself cosigned for. I am currently a displaced worker, collecting unemployment.in Wisconsin, and have been for over a year. What is going to happen?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 5 years ago.

WALLSTREETESQ :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on.

WALLSTREETESQ :

What you should do is consider trying to fight any potential lawsuit by filing an answer to the complaint,

WALLSTREETESQ :

atleast by doing this, you can drag out a defauly judgment against you for some time, perhaps even a year.

WALLSTREETESQ :

As a cosigner you and your ex are still liable, however if you fight the case, they may just go after the ex

Customer:

what should myanswer to the complaint address? Am I explaining my inability in any way to repay? My daughter and X both have jobs, the daughter is in Australia on a work visa, just blew off paying this loan back

WALLSTREETESQ :

in most circumstances, unemployment benefits are exempt from garnishment. Generally, only if the order for garnishment was for child or spousal support, or if you owe the state that is issuing the unemployment benefits, would they qualify for garnishment.

WALLSTREETESQ :

You can deny you co signed the debt, and deny being liable at all, that would be enough for you to force the case to Court,

WALLSTREETESQ :

and would force the lender to actually find the actual agreement you signed, which they may not even have

WALLSTREETESQ :

It would delay the case several months to a year

WALLSTREETESQ :

An answer is fairly simple, you can just have a statement that states you deny all the allegations in the complaint, and file it with the court,

Customer:

Obviously it has gone past her ability to reach an agreement, other than her paying or releiving the entire debt in full. assume they will go after daughter and x first for their ability to at least pay.

Customer:

That sounds fairly simple, is really that easy?

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