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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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Granddaughter has made no attempt to repay educations loans

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Granddaughter has made no attempt to repay educations loans i cosign. turning 70 and on social sucurity. do i have any recource?
Dear JACUSTOMER - I am really sorry to hear that your granddaughter has chosen to stick you with this bill. Your only recourse is to file a suit against your granddaughter and get a judgment. Then you would be able to attach her bank accounts and other assets in order to collect. There simply is no way to avoid the student loans if you co signed however it would depend on the extent of your assets as to whether the lender would actually be able to collect anything from you. Your home should be safe under the homestead exemption laws and your Social Security cannot be garnished so you may want to consider not paying the debt and filing a suit against your granddaughter. The suit would have to be filed in the county or city where she resides and if the house was" purchased within the past year you can claim a "transfer to avoid creditors" and possibly attach the house regardless of whose name it is in. This can get a bit complicated so you may need the assistance of a collection attorney but you definitely have a legal cause of action against your granddaughter.
Customer: replied 3 years ago.

Home was purchased in 2011. Will be in Penna in july and will contact advice there. I don't like avoiding the phone calls but ptobaly don;t have a choice?

You have no duty to talk to anyone on the phone and no one can do anything to you until they first file a suit and get a judgment. It is not a crime to owe a debt so if they can't collect they can't collect. It is probably too late to claim a "transfer to avoid creditors" as that generally needs to be claimed within a year of the transfer. I don't want to rule it out but that is the general way the law is applied.
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