How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Lady Themis Your Own Question

Lady Themis
Lady Themis, Lawyer
Category: Legal
Satisfied Customers: 7751
Experience:  General practice experience in many areas of law
Type Your Legal Question Here...
Lady Themis is online now
A new question is answered every 9 seconds

I have a defaulted PRIVATE STUDENT LOAN through Chase that

Customer Question

I have a defaulted PRIVATE STUDENT LOAN through Chase that has been referred to National Recovery Group collection agency which I am sure eventually will seek a court judgement against myself and my cosigner. My question is: Since my loans are private loans will they still be able to garnish our bank account or wages? Will they be able to intercept our tax refunds? Will they be able to go after my cosigners bank account, house, or tax refunds if they are in a joint nature with her husband? Thank you.
Submitted: 5 years ago.
Category: Legal
Expert:  Lady Themis replied 5 years ago.

Thank you for your question.


Wages cannot be garnished for private student loans in Pennsylvania. However, bank accounts can once a judgment is obtained. Wages that are direct deposited into a bank account are subject to the garnishment as well.


In Florida, wages can be garnished, but the head of household can claim an exemption from garnishment unless the wages are more than $500 per week or the debtor has agreed in writing to allow the garnishment. Bank accounts can also be garnished.


In both states, the creditor can claim an exemption up to a certain amount on personal property, which includes money held in bank accounts.


Private lenders cannot intercept your income tax refunds.


Yes, the lender can go after your cosigner's bank account and other assets just as it can yours. If she owns assets jointly with her husband, he can claim an exemption to the extent of his ownership interest in the property.


I hope this information is helpful. Please let me know if you have any follow up questions.




Customer: replied 5 years ago.
Thank you for your prompt reply. I have read instances where a collection agency has frozen bank accounts in an attempt to force the debtor to contact them. Is this legal or even possible in either state? If a judgement is granted to the creditor to garnish our bank accounts, how long does that process usually take and will we receive notification before they start garnishing the accounts? Thank you.
Expert:  Lady Themis replied 5 years ago.

The accounts cannot be frozen without a prior court judgment.


How long it takes the creditor to freeze accounts following a judgment is up to the particular creditor. It is not automatic once judgment enters, and some creditors take longer than others to enforce their judgment.


When bank accounts are frozen, the bank first receives notification to freeze your account, and then you are notified of the levy. You then have an opportunity to "unfreeze" the account by filing exemptions that may apply.



Customer: replied 5 years ago.
Thank you. We will receive proper notification of any judgement precedings as they occur?
Expert:  Lady Themis replied 5 years ago.
You should receive proper notification. In cases where debt collectors are involved, sometimes they don't follow proper procedure in notifying you and locating you, and the court may allow service by publication in the newspaper, which you may not see. If some time goes by without any contact, you may check your credit report to find that a default judgment entered against you. In that case, some debtors will hire an attorney to successfully reopen the case for improper service of process.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Previous | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan

Meet The Experts:

  • Tina



    Satisfied Customers:

    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • Tina's Avatar



    Satisfied Customers:

    JD, BBA Over 25 years legal and business experience.
  • Ely's Avatar


    Counselor at Law

    Satisfied Customers:

    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • JPEsq's Avatar



    Satisfied Customers:

    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • Law Educator, Esq.'s Avatar

    Law Educator, Esq.


    Satisfied Customers:

    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • FiveStarLaw's Avatar



    Satisfied Customers:

    25 years of experience helping people like you.
  • Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.


    Satisfied Customers:

    7+ years of experience handling various legal matters.
  • Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.


    Satisfied Customers:

    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.