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Student Loan Refund Taken from Joint Checking Account

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  • 08-26-2010, 04:01 AM
    aoe
    Student Loan Refund Taken from Joint Checking Account
    My question involves collection proceedings in the State of: North Carolina

    I am a graduate student in college and I applied for federal student aid through FAFSA. I took out more money than my tuition bill was for so I received a federal refund of about $6700. I had them deposit it into my checking account, which my mother's name is also on. My mother was sued for an old credit card debt of hers and they garnished all of her checking accounts, including mine because it had her name on it. Everything was taken out of my account. Is there anything I can do to try to get my money back? Can student loan money be taken for something like that, even if the settlement had nothing to do with me? I know that student loans are supposed to only be used for certain purposes and that definitely isn't one of them, but I also understand that since her name was on the account there probably isn't anything I can do now. I can't sue her for the money because I know she doesn't have it. Neither of my parents have jobs or assets.
  • 08-27-2010, 11:01 AM
    Mr. Knowitall
    Re: Student Loan Refund Taken from Joint Checking Account
    You can ask your mom to give you the money, given that it went to her debt.

    You can bring a motion with the court that authorized the garnishment, submitting proof that the money that was taken was yours and not your mother's and asking that the judgment creditor be ordered to return it.

    You need to stop putting money into accounts held solely or jointly by your mother until she takes care of her debts and liabilities.

    It sounds like your parents should consult a bankruptcy lawyer.
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