Spouse Being Garnished for Defaulted Student Loan

**concernedfriend** · 08-12-2008, 10:50 AM

My question involves collection proceedings in the State of: NY
I am trying to find out if it is legal for a spouses wages to be garnished for his/her spouses defaulted student loan if the loan was only taken out by the the one spouse - no co-signing was done. Spouse with loan is no longer working so other spouse has been sued for garnishment to repay said spouses default. How can the spouse that has been garnished get the garnishment off his/her wages and have the it put onto the spouse which took out the loans?

**gigirle** · 08-12-2008, 11:39 AM

Was the garnishment attached to a joint checking account or any other account?

**Betty3** · 08-12-2008, 02:53 PM

New York is not a community property state & one spouse should not be responsible for the other spouse's student loan debt in their name only.

Are you saying they are garnishing wages that are under the spouse's name only that did not take out the loan? Thanks.

**concernedfriend** · 08-13-2008, 07:09 AM

Yes. The husband is being garnished through his employer for his wife's student loans that were in her name only. How can he get this taken off his name? I guess his wife talked to the people the loan was taken out with and they said since she isn't a reliable source of income they are taking it from him. This is not his loan to repay. Please - how can he get this reversed off his name permanently?

There are no joint checking or savings accounts with both names and as above - he is being garnished through his employer.

Thank you so much for you responses!!!

**Betty3** · 08-13-2008, 12:42 PM

Sometimes (even in non-community property states) one spouse can be responsible for another spouse's debts under the "doctrine of necessaries" but this generally would not apply to student loans. I would have the husband contact the clerk of the court that issued the garnishment & explain that this is not his debt & see if he can get the wage garnishment stopped.