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Can they garnish my husband's wages for my defaulted student loan?

They have already taken our income tax refund. My husband is filing an injured spouse form to try and get some of it back. I do not work due to taking care of my disabled daughter but I am wondering if they can garnish my husband's wages? This debt occurred before our marriage and we are in WV.

Please do not bash. I tried to make payment arrangements but the soonest i could make a payment was feb 5th and they said that was not good enough.

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Asked by Anonymous at 4:40 PM on Jan. 25, 2010 in Money & Work

Answers (11)
  • I am sure they can do whatever is necessary but why didn't you just file for a deferment or a forebearance?

    Answer by admckenzie at 4:41 PM on Jan. 25, 2010

  • yes they can definitely garnish wages, but there is usually a max % they can take.

    Answer by sati769leigh at 4:46 PM on Jan. 25, 2010

  • I refinanced when I was in better shape and was paying on it. Private lenders have less forbearances and deferments and i used them all up. I am trying to pay this back but the soonest I could make a payment was the 5th. I can't give them money I don't have.

    Also I don't think they should be able to garnish his wages when it's not his debt and occurred before we were even married. I am just wondering if they can legally in WV.

    Answer by Anonymous at 4:49 PM on Jan. 25, 2010

  • YOU'RE GETTING SOME BAD ADVICE!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
    No they cannot garnish HIS wages for YOUR student loans UNLESS he co-signed for it.
    They can however take a lean on anything that you OR both of you own together. House? Car? Even a joint checking or savings accounts.

    Student loans and taxes owed are the only debts that don't have to go through court. They can just take the money however. So if you suspect that they will be coming after you, it would probably be best if your husband starts a checking account in his own name.

    Also I would contact them and see if you can put the student loans on hardship deferral for a short time.Sorry you are going through this.


    Answer by Anonymous at 4:57 PM on Jan. 25, 2010

  • .....good luck.. i'm dealing with private loans right now too, and they're heartless jerks... it's terrible. :(


    Answer by katatrinakay at 7:30 PM on Jan. 25, 2010

  • .....good luck.. i'm dealing with private loans right now too, and they're heartless jerks... it's terrible. :(

    How are they heartless they want money you borrowed in good faith back. People who live within their means don't have these issues.

    Answer by Anonymous at 7:41 PM on Jan. 25, 2010

  • whatever anon 7:41, everyone makes mistakes and everyone has their ups and downs.

    If you are in default, you cannot put in back in forebearance unless they do agree to it ( however most wont, they will just harass you instead). Good job for filing the injured spouse form and remember to do so in the next few years as well. Just attach it with your tax forms when you send them in.
    And unless he co-signed the student loan; they cannot garnish his checks unless he approves it.
    Good luck :)

    Answer by wolfmomma30 at 3:14 AM on Jan. 26, 2010

  • "Under the Higher Education Act, the Department and guaranty agencies may require employers who employ individuals who have defaulted on the repayment of a student loan to deduct 15% of the borrower's disposable pay per pay period toward repayment of the debt. Also, the Debt Collection Improvement Act of 1996 permits the Department to garnish up to 15% of disposable pay. Garnishment may continue until the entire balance of the outstanding loan is paid. You should note that wage garnishment is used only for borrowers who refuse to voluntarily repay their defaulted loan and is not used with those borrowers who continue to make regular and timely monthly payments." 


    Answer by Anonymous at 9:41 AM on Jan. 26, 2010

  • COME ON LADIES- it's not her job, it's not her money. They can't garnish money that isn't hers! GEEZE!

    Answer by Anonymous at 9:50 AM on Jan. 26, 2010

  • yes they can no question about it especially loan companies/banks

    Answer by cditren at 4:04 PM on Jan. 26, 2010

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