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Student Loan Debt Issues with debt arising from student loans and education expenses.

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Old 08-28-2009, 12:05 AM
Eocene Eocene is offline
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Default Spouse's Student Loan in Community Property State
My question involves collection proceedings in the State of: Texas

Hello,
My wife and I got married in 2007. At that time she already had an administrative wage garnishment due to old student loans. These loans were taken out (and defaulted) well before we were married.

Since then she has stopped working. We are attempting to work out some kind of payment plan, but in the meantime I would like to know if they are able to garnish my wages due to this debt. I am the only income earner.

We own our home jointly, so I suppose they could put a lien on it. Our bank accounts are separate, though. But I'm most concerned about the wage garnishment.

#TX is a community property state, so could they garnish my wages?
#Does it make a difference that I work for the state?
#Finally, what can they do if we just can't afford a monthly payment big enough to satisfy them? Could they force the sale of our home (it's the only asset we own of any substantial value)? Could a judge compel her to seek work?
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Old 08-31-2009, 07:11 AM
Mr. Knowitall Mr. Knowitall is offline
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Default Re: Spouse's Student Loan in Community Property State
Leaving aside the limits Texas places on wage garnishment in general, they can't garnish your wages based on a premarital garnishment order of your spouse's premarital debt.
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