Legal Question in Credit and Debt Law in North Carolina
My wife has outstanding student loans, which we tried to pay but with dwindling resources and late fees and penalties et cetera attached it seems impossible to pay them down. A judgment was made against my wife and she is unemployed with no car or property. There was a garnishment made on our joint banking account, which is used to pay our rent, bills, and food. Nothing was withdrawn except by the bank since our account is over-written because we are not able to make our bills! If my wife's name is removed from the account, can they still garnish my paycheck? Do I need to close the account and start another one in just my name? Or will I need to get another relative or friend to secure my check that pays for our very existence? Good grief!
1 Answer from Attorneys
Yes. Get your own bank account. You are not liable for your wife's student loan debt unless you signed her application for the loans so they should not be able to either garnish your wages or a bank account that is just in your name.
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