Can a private student loan company garnish my wife's wages or property or cars?

Question

I decided to go to medical school and ended up borrowing $150,000 and all were private student loans. I borrowed $70,000 before I got married. All the loans are in my name and no one else signed for them. I also have $45,000 in credit card debt all in my name and she was never added to any of the accounts. I am not working, but studying to pass my medical exams. The private student loan creditors are requesting payment now, which of course I can't send them. My wife is paying off my credit card debt and she still hopes to save our credit. If it gets to the point of a lawsuit and they win can the private student loan company garnish any of my wife's wages? How about if we get a divorce will that prevent them from garnishing her wages? Property? Cars? I am living in Florida. Any input is appreciated.

Answer 1

Florida is not a community property state.
Anything that is in your wifes name is exempt, including her income.

You might check out the following links, the first is to Florida exemption statutes and the second has links for Florida laws and information

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0222/titl0222.htm&StatuteYear=2004&Title=%2D%3E2004%2D%3EChapter%20222

http://whychat.5u.com/States/state-fl.html

Answer 2

You can go to www.lawhelp.org and www.finance.yahoo.com but sites deal with tudent loans and whether the spouse is responsible.Its a bit confusing or may be too late in the day for me to tax my brain but I gathered that student loans made by you - you are soley responsible for and your wife cannot be held legally responsible for. Any other debt,even before marriage You are both responsible for even if you divorce for the debt is already established-please verify this for am not 100%sure. they can garnish wages and put a lien against property for anything that is NOT a student loan. I suggest you get the help of one of the debt consolidation for no fee agencies for the debt that is not from student loans at least and get their aid in working out a payment plan to avoid having wages,property and so forth at risk. They also will know all the laws pertaining to this. In the meantime you should also investigate the best way to Keep your wifes credit intact and also why you should enlist a debt consolidation agency(there are many who provide this help as a free service) for were something to happen to you I'm sure you would not want her to flounder. To ignore these loans would be a grave mistake that could affect both of you for a very long time for am sure you know the devastating effects of ruined credit.Help is really just a phone call away but action on your part is overdue.

Answer 3

You realize you are 6 months from a $95K+ salary - just go to the creditors and explain you need 6months or whatever.

If you want to off the who perdicament - You might want to talk to a Bankruptcy attorney -.Generally - cannot discharge Federal Student loans in Bankruptcy - but you might be able to if they were from private banks - talk to a bankruptcy attorney. They dont need a lawsuit to garnish your wages - just a simple judgement from the local court - that is why you need to keep engaging these creditors to keep them from pulling the trigger on executing a judgment. If you want to try and figure this out yourself - there is an excellent DIY law book site - www.nolo.com/.org - I know they have books on this stuff. Personally. I would call the US Army and check into their student loan repayment program - its a great deal. If you can declare Bankruptcy - that is also an option b/c nobody ever refused a doctor credit ..bankruptcy or not.

Answer 4

No, they absolutely cannot garnish her wages.

Answer 5

Try this website:

http://library.findlaw.com/1998/Dec/1/126478.html