HELP!! Student Loan in Default
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HELP!! Student Loan in Default

 
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Craig
Guest





Posted: Sat Feb 21, 2004 6:20 am    Post subject: HELP!! Student Loan in Default Reply with quote

Hi,

My wife, before we were married, defaulted on her student loan. Her
loan has been referred to an attorney for collection. Since then, I
have purchased a house, car, etc. all of which were in my name.

We have been making payments to this attorney for over ten years now.
My wife has asked for balance information so that we could look into
just paying it off. The attorney has never responded to her
inquiries. (Of course, I would be more relentless in finding this
information, but legally I cant).

We recently received a letter from this attorney from a court of
common pleas which is requesting information on my wife's assets in
attempt to collect via sheriff's sale. My questions are:

1. The house, car, etc. is soley in my name. However, this document
is requesting for assets that are owned "or enjoyed" by another
person. Does this put my house at risk?

2. We have been making the required payments -- and the attorney has
not dislosed the information we requested. How can I get rid of the
attorney and pay back the student load directly??

Please--any advice would be appreciated as this situation could
destroy our lives.

Thanks,
Craig

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THOMAS
Guest





Posted: Sat Mar 13, 2004 8:00 pm    Post subject: Re: HELP!! Student Loan in Default Reply with quote

Contact the Bar Association in your state and report this attorney and see
how you come out. This is the only remedy, unless you research your
situation and file a lawsuit against the attorney.
"Craig" <cballiet1@yahoo.com> wrote in message
news:e94dad0e.0402201520.53a10153@posting.google.com...
Quote:
Hi,

My wife, before we were married, defaulted on her student loan. Her
loan has been referred to an attorney for collection. Since then, I
have purchased a house, car, etc. all of which were in my name.

We have been making payments to this attorney for over ten years now.
My wife has asked for balance information so that we could look into
just paying it off. The attorney has never responded to her
inquiries. (Of course, I would be more relentless in finding this
information, but legally I cant).

We recently received a letter from this attorney from a court of
common pleas which is requesting information on my wife's assets in
attempt to collect via sheriff's sale. My questions are:

1. The house, car, etc. is soley in my name. However, this document
is requesting for assets that are owned "or enjoyed" by another
person. Does this put my house at risk?

2. We have been making the required payments -- and the attorney has
not dislosed the information we requested. How can I get rid of the
attorney and pay back the student load directly??

Please--any advice would be appreciated as this situation could
destroy our lives.

Thanks,
Craig
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Jenna Russell
Guest





Posted: Thu Mar 25, 2004 9:56 am    Post subject: Re: HELP!! Student Loan in Default Reply with quote

Several things are factors here. First, if you are legally married,
your assets ARE her assets. But no, they can not take away your home,
car or any other "need to live" instrument. As long as you are not in
default already on any of these items. Secondly, as long as you have
been making regular payments on regular schedules, and they are
accepting this they can not attempt to collect further. If however
you stop or miss a payment, you are more at risk. Third, the attorney
isn't a good one. My suggestion is: keep paying your payments and
contact an attorney. It may cost upwards of about $2,000 in legal
fees but 2 things can/will happen. 1. The other attorney does not
respond and you legally terminate the financial obligation because of
lack of timely response or appearance (this is best case scenario in
which your 2k to the attorney was WELL worth it) 2. The attorney
responds, you have a set payment schedule/payoff/etc and you recieve
piece of mind.
Hope this helps.

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