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Started By
Message
re: Student loans/ divorce settlement
Posted on 5/22/12 at 2:07 pm to Evil Boll Weevil
Posted on 5/22/12 at 2:07 pm to Evil Boll Weevil
What state was the divorce in. If its texas bend over.
1
Posted on 5/22/12 at 2:11 pm to bulldog95
La.
Iknowmorethanyou, so this guy?...lol
Iknowmorethanyou, so this guy?...lol
Posted on 5/22/12 at 2:21 pm to Evil Boll Weevil
quote:
Could this be malpractice on the attorneys part? Seems like any decent attorney could have foreseen this and would have required a refinance of the debt.
Again, the attorney can require all he wants to, send all the nasty letters he wants to etc etc. The bank isn't letting this guy off of the debt. Just isn't happening.
Posted on 5/22/12 at 4:45 pm to Evil Boll Weevil
quote:
Evil Boll Weevil
quote:
Long story short:
Divorced 8 years ago. Ex-wife took student loans (her loans of which I co-signed on) as part of divorce settlement. Have not spoken to her since divorce (no kids). Heard she filed bankruptcy soon after divorce. Apparently, she has decided to become delinquent on her loans and I am now receiving the payment bills. She's a legislative auditor, no less. Anyways, do I have any options (legal recourse) if she decides to quit paying it all together?
I tangled with those miserable, strewn to the four-winds, soul-crushing, pulseless, faceless, anonymous hordes of life-essence sucking, vampirical hucksters at Sallie Mae during Gustav.
My bank didn't auto-pay my student loans because their power was off or some sh!t. I went into immediate default & got a garnishment letter. Thank God I was using tax-returns to pay off my loans, because they screwed me to the wall.
I say all that to say this: There's no way out of paying liens & student loans. You will pay no matter what. Short of death, you will pay. I promise you that, sir.
Abandon all hope, ye who signed w/Sallie Mae...
Posted on 5/22/12 at 7:00 pm to Evil Boll Weevil
Did she take out all $40k at once? Or did you co-sign a bunch of different loans over the course of several semesters? You would think that she would have her financial shite together, seeing as she is an accountant.
Posted on 5/22/12 at 7:55 pm to Evil Boll Weevil
quote:
41K. Of which she's only paid 1,500 of (another mystery).
I would figure out that mystery first, since it has been 8 years and you are just getting letters. That would be only around $20 a month, that she has been paying.
Posted on 5/22/12 at 8:27 pm to TigerintheNO
I just did a mandatory counseling session for my student loans yesterday since I just graduated. I remember that you must pay a minimum of $50 per payment. This whole thing sucks for the OP, no arguing that.
Posted on 5/23/12 at 10:47 am to Evil Boll Weevil
quote:
I'm thinking that sueing her directly , under the terms of the divorce, may be my only option... Other than paying the loan myself (last resort). I'll probably have some preliminary discussions with my lawyer in the next few days about the situation, just incase.
This is a pretty messed up situation. I'm really sorry you're going through this.
I'm sure your lawyer will suggest this, but if it shows up on your credit report, you'll probably want to dispute the debt(s) and hope that the lender(s) can't find the docs necessary for validation.
Let us know how this turns out.
Posted on 5/23/12 at 4:29 pm to Evil Boll Weevil
*this is not legal advice*
Look at the community property judgment. Many times there will be a "hold harmless" provision. You can have an attorney file a motion for contempt of court for her failure to pay based on this provision. It is affecting your credit since your name is on the loan, and its doubtful her lender will allow her to refinance to take your name off of it. But, encourage her to try refinancing. If she refuses then have a lawyer bring it to court to put the fear in her, if nothing else.
Look at the community property judgment. Many times there will be a "hold harmless" provision. You can have an attorney file a motion for contempt of court for her failure to pay based on this provision. It is affecting your credit since your name is on the loan, and its doubtful her lender will allow her to refinance to take your name off of it. But, encourage her to try refinancing. If she refuses then have a lawyer bring it to court to put the fear in her, if nothing else.
Posted on 5/23/12 at 4:31 pm to Im4datigers
quote:
Again, the attorney can require all he wants to, send all the nasty letters he wants to etc etc. The bank isn't letting this guy off of the debt. Just isn't happening.
spot on.
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