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Question

My husband took several student loans in Tenneesse (1995&96) and I did not know or sign. He is working now at nearly 70 and student assistance has been calling because he has not been paying since the first several years of payments..some credit company from NY got him at work and threatened garnishment. They faxed paperwork for our bank account numbers and my signature since it is a joint account. They are wanting lots of money up front and 9 months of payments and then they say the loan can be purchased at a lower rate. What can we do and am I legally obligated now? Who should we be dealing with? Thanks. XXXXX@XXXXXX.XXX XXX-XXX-XXXX Deborah Chalk

Submitted: 17 days and 19 hours ago.
Category: Legal
Value: $38
Status: CLOSED
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Optional Information

State/Country relating to Question: North Carolina

Already Tried:
We had planned to pay the loans when we sold our home but the market is so bad here. My husband is also receiving Social Security but we maintain two homes and this property, our taxes & insurance are high and he commutes 60 miles a day and always has to work....we have not talked or negotiated with student loan associations since original payments mades in the beginning...but I maintain I did not know about these loans and did not sign anything. I am mad that I now have to take houshold and retirement money to pay them...dumb! And I think this credit place in Ny is a joke...calling my husband at work and threateneing him.

Posted by Tina G, BBA, JD 17 days and 18 hours ago.

Answer

Thank you for contacting our JA team for guidance.

First, they must not contact your husband at work if he tells them not to. They should also provide documentation of the legitimacy of the debt. You should not sign anything since you are not liable for these debts yourself.

Once you have received documentation of the debt, take it to a local contracts attorney familiar with federally backed student loans. If the loans are not backed by the federal government, they may be too old to collect on by the creditor. If they are backed by the federal government, they can continue collection activity, but there are limits to the amount of his income that could be garnished and some property held with you would be exempt from attachment.

Don't allow them to just take whatever you have, as they may try if you are not properly represented. The state bar association can provide you with attorney referrals as well as any low cost programs in your area.

Please let me know if you need additional information.


Best regards to you,

TG

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17 days and 18 hours ago.

Reply

I have all the pages of computer generated paperwork faxed from the NY credit collection place...wanting "permission" to take $1000 this month and $300 a month for 9 months until the account is not in default...if I do not sign on the bank draft can they still garnishee my husband's wages? If we get the proof from NY and take it to a lawyer...is this NY company going to "wait" for us to check things out? I do not want to be blindsided with property attachments or such...the house is in both our names...I will get a local attorney but what do I do now with these 10 pages and bank info agreement they want back today?

Accepted Answer

Do not sign them as you are likely providing them with authority they would not otherwise have since you would not be liable on the debts and they are debiting a joint account. Request instead a written itemization of the debt, forcing them to produce the original loan documents so that your husband can determine whether the amount is legitimate, etc.

They cannot get property attachments without filing a petition in your local court and serving your husband first, so you would just be giving them more than they may be entitled to under the law if you sign the documents faxed to you.

They are good at putting pressure on you to sign with all kinds of threats. Don't do it until you have had the opportunity to consult with a professional in your area.

All the best to you.

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Expert: Tina G, BBA, JD
Pos. Feedback: 99.1 %
Accepts: 
Answered: 11/5/2009

Lawyer.

licensed attorney for 12 years including employment, business, contract, domestic, and general civil

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