My question involves collection proceedings in the State of: North Carolina
Sorry for the length, but I'm building history to emphasize my questions.
In 2007 I co-signed a student loan for my daughter-inlaw for the amout of $11,000.00. She selected the deferred option, no payments until 10 years after school completion. I was in Ohio, she in Tenn. Fall of 2008 she leaves my step son and goes to North Carolina. Dec. 2008 she is 2 months deliquent due to no proof of current education enrollment. After finding that she has changed her number, I finally get her new number from a third party and after period of avoiding my calls I finally get in touch with her. Jan. she re-enrolls?? in school, submits proof... past due amount dropped, debt back into deferred status.
August 2009, once again no proof of enrollment. Loan put into payment status. I try to call her but instead of answering, she changes her phone number. I end up paying Aug, Sept, Oct. before I stopped, trying force her to pay some. She finally responds to myspace message and states she will get it put back into deferred status in Jan. It is now almost April and nothing has been done. she has blocked me on her myspace account and I now only have a work ph. no. Not even an address. I am working on that though.
Upon talking to a local attorny I was advised because she originated the loan in Tenn. that I could go there, or I could go to where she resides in North Carolina. If I persue from Ohio, she could come back appealing for wrongful jurisdiction. My portion of the co-signing was done in Ohio but I guess that doesn't count.
The loan amount now totals more than $13,000.00. and is in excess of 150 days overdue in payments. Upon calling the loan company, I was granted the ability to eliminate the past due to prevent immediate garnishment of full amount after 179 days. this will buy me time to persue her legally now.
Can I file a claim in North Carolina to have her wages garnished to repay the loan and also reimburse me for my 3 months of payments?
Can I prevent her from putting the loan back into a deferred status with her prior history of breech of contract? I would hate to get stuck paying $30,000.00 20 years from now for this $11,000.00 loan.
Can I have her ordered to stay in contact with me for the life of this loan? I'm tired of constantly getting hung up on and trying to find her whereabouts.
She knows my address and phone number. I feel we are in this together and that I should be intitled to know hers.
Thanks for you're response.