Student loan debt not out of my name, garnishment options?

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Latest post 02-22-2010 6:11 PM by adjuster jack. 3 replies.
  • 02-22-2010 4:59 PM

    • emilyo
      Consumer
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    • Joined on 02-14-2010
    • IA
    • Posts 2

    Student loan debt not out of my name, garnishment options?

    I was divorced in Nov of 2007. According to the decree my ex had 2 years to get his student loan that I was a cosigner for out of my name. It is now 2 1/2 years later and he is no closer to having done this. He has also made his payments late a number of times. He says that he can't secure a loan in just his name and that is all the further he has concerned himself with it. For me, it's a $20,000 dollar loan that really weighs down my credit (debt to income ratio for example). Some other points that I'm not sure if they bear any relevance on the situation, but maybe somebody here knows more (probably) than I do: My ex owns 2 homes and he also has custody of his 2 sons from a previous marriage. Where this last point may be relevant is that I know that he gets about $5000 back each year from taxes (earned income, etc.) and he claims our daughter every other year for tax purposes also. Since he is not willingly making an effort to get this loan out of my name do I have any legal recourse to have his taxes garnished, or to get a lien put on one of his properties, or to prohibit him from claiming my daughter on his tax years until he fulfills his obligation as laid out by our decree? Thanks a lot.

  • 02-22-2010 5:22 PM In reply to

    Re: Student loan debt not out of my name, garnishment option...

    He doesn't owe you money, so not sure how you can get a lien.  My wife's ex never did get her name off until he sold the house 10 years later.  He had the same problem as your ex, bad credit.

  • 02-22-2010 6:03 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 37,827

    Re: Student loan debt not out of my name, garnishment option...

    Laymans take:

    All the financial drama and double talk makes no sense to me--if the order says get something done in 2 years and he failed to do so and its not flat out impossible for him to have done so (and there the drama suggests it is NOT impossible) then it seems to me th point is to drag him back to court and seek that court hit him with sanctions/costs for having violated the clear order --at least I hope it is clear...and I'd want to include my attorney costs as part of the sanctions he needs to pay--discuss it with counsel--if you do not hold his feet to a costly hot fire he will merely walk on you!



  • 02-22-2010 6:11 PM In reply to

    Re: Student loan debt not out of my name, garnishment option...

    Drew:
    if you do not hold his feet to a costly hot fire he will merely walk on you!

    Amen to that.

     

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