Legal Question in Credit and Debt Law in Illinois

Confiscation of income tax returns for defaulted student loan

For the past two years my (and my husband's) tax return has been confiscated to apply toward repayment of HIS defaulted student loan. Is there any way I can plead for the return of at least a portion of both year's returns since I earned at least 90% of our income and the debt was his prior to our marriage?

He is in prison and I am being harrassed for the repayment of that debt (amongst others). I have received an itemized statement from the current collection service, but it does not list the credits for all the payments already tendered. How can I find out if there may have been another collection agency in the past?

The financial hardship I am facing is almost overwhelming. What can I do to avoid this problem next year?


Asked on 6/25/02, 12:48 pm

1 Answer from Attorneys

Bruce Buckrop Bruce Buckrop

Re: Confiscation of income tax returns for defaulted student loan

Do not file jointly, and you are not subject to offset for his loan.

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Answered on 6/25/02, 2:35 pm


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