Legal Question in Consumer Law in Georgia
Student Loans
I cosigned for my ex husband's student loans. He is not paying and they are past due. If I do not pay them monthly and the past due amount can the lenders take me to court and could my wages be garnished. I am in the process of filing legal proceeding against my ex husband
3 Answers from Attorneys
Re: Student Loans
They can sue you as co-signer and garnish your wages and/or place a lien against your accounts (including your bank accounts) if they are successful in the suit. You can however bring him into the legal proceeding. You may be able to join the two cases together. If you get a judgment against, you can garnish his wages and place a lien against his other assets to pay for any judgment against you.
However, it's odd that your divorce decree didn't handle joint debts. You should look at the decree. If your husband is in violation of the decree regarding his obligations to pay the loan, your position in the case against him may easier to prove.
Re: Student Loans
Most likely - that is the purpose of the lender getting a co-signer.
Re: Student Loans
As the loan paperwork indicated, when you co-sign YOU are promising to pay. Yes they can sue you and yes they can garnishee your wages.
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