Legal Question in Education Law in Missouri

I cosigned for a student loan for a friend, I'm now retired, I get social security and a workers comp. check from my deceased husband. Can Sallie Mae garnish any of my income if the loan defaults? Will they garnish his wages first, he has a good job, just refuses to pay.


Asked on 7/22/10, 4:14 pm

1 Answer from Attorneys
Anthony Smith LawSmith

Teh creditor cannot garnish until they obtain ajudgmetn. They cannot obtain judgmetn unitl they sue the debtor. If they do that, they will likley sue you too, as the guarantor. If they sue you both and get judgmetn agsint you both, they can garnish or otherwise execute against both or either of you. If they attempt to garnish you bank account, you may be able to claim teh portion from social security as exempt. That is, if you can show that the funds are seperate from the money you are getting from worker's comp.

Good luck

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Answered on 7/29/10, 1:01 pm


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