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  1. #11
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,430

    Default Re: Ex-Husband Defaulted Private Student Loan

    It sounds like it wouldn't be shielded from the state statute of limitations, but you would have to know when the default occurred to figure out when the statutory period started to run.

  2. #12
    Join Date
    Jun 2007
    Posts
    8

    Default Re: Ex-Husband Defaulted Private Student Loan

    Thank y'all for all your help. I am seeking counsel in the next 2 weeks to get clarification on the items each of you mentioned I should check into so I'll better know how to proceed.

  3. #13
    Join Date
    Nov 2006
    Location
    Texas
    Posts
    354

    Default Re: Ex-Husband Defaulted Private Student Loan

    I believe the statute limitation on bringing suit for a defaulted personal loan in Texas is 4 years. Also, it has been understanding that Texas does not permit a judgment of this type to be attached to certain assets or wages......but I'm not an attorney. I do, however, work in a Dallas law firm, but we don't do collections.

    Many collectors hint that a suit could be filed, but rarely do for unsecured debt because of Texas' consumer protection laws.........this is based only on my brief past experience in the legal department of a corporate collection unit in Grapevine.

  4. #14
    Join Date
    Jun 2007
    Posts
    8

    Default Re: Ex-Husband Defaulted Private Student Loan

    Thank you,thank you, thank you. That makes me feel soooo much better. I'll still follow up with an attorney next week.

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