My wife of course is on my checking account, recently there was a garnishment put on my account from HER student loan and they have froze our checking account. Can my wife file bankruptcy without affecting myself and get the money back? There was no indication what so ever of this action going to take place. The lawyer for her college sent no warning of this and I went to use my debit card Monday to find out we can not excess any of our money
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I know others will chime in - the problem may be is that student loans are not dischargable in BK...I know the experts will tell you if filing is appropriate or not or if it would help.
Meanwhile, you HAVE to open an new acct with YOU only and have your salary (and hers) go into YOUR account only.
Did she default on the student loans? on a FED student loan you default after non-payment of 270 days...BUT you can rehabilitate FED student loans through the dept of ed...
would you have more details? -
Yes
She had wrote the law firm a letter about 3 months stating we could not pay right now due to several issues we have faced over the last year. My wife had to quit her job to take care of 2 children of ours with medical issues and we also lost our house last year. The law firm never issued anything back stating they recieved anything from us.
We are in somewhat of a position to negotiate with them now. I just recieved my tax refund which is frozen in our account. I'm more than willing to give them 3k now and set up a payment plan with them. I'm just stuck and don't know what to do next really. She owes a total of 12k which includes lawyer fees.Comment
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Hello bingo - this sounds like a regular loan and a (possibly default?) judgment against your wife in MS state court..but then it could just be a "small" fed student loan. Do you know who originally issued the loan???
(There is by the way a MS based BK lawyer who contributes here)...I think others may agree that now that they've got your bank account, they're not likely to do you any favors...
Forgive my opinion here, but these collection law firms are bunch of soulless beings who don't give a rat's behind about you - they do NOT CARE...They will NEVER care. So...if this is your ONLY debt, BK may not be "worth it," but that's for you and your wife to decide on.
First things first - get yourself a SEPARATE account, just in case.
if you have other debts, then please please please visit a BK lawyer or two or three and get that process started. I can't imagine that BK in MS would be more than 1500 or so...of course with your account frozen...
BUT there may be things that this law firm did that wasn't quite right, etc. BY ALL MEANS PLEASE!!! at least do a free consult or two. In SOME - repeat SOME states, the joint owner of an account has the right to half of the account...I've no clue what it may be in MS, so PLEASE PLEASE do some free consults as soon as you can.Comment
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Iamold,
Thanks for the info. You have been a helpComment
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Thanks! Believe me, I know what's like to be on pins and needles!!! All the time!Originally posted by bingo54 View Post
PLEASE PLEASE PLEASE again please go see a lawyer or two - there may even be free legal clinics in your area. Do NOT let this slide and let you and your wife be abused by these leeches.
MY BEST WISHES TO YOU and let us know how this turns out!!!!Comment
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