Legal Question in Credit and Debt Law in Texas
If I have judgements against me for unpaid federal student loans, and someone leaves me a house in their will, can the government seize the home to collect part of the judgement?
2 Answers from Attorneys
Yes.
But you can sign a DISCLAIMER and file it in the probate court, and the house will pass to others as if you had predeceased.
Yes. Sell it immediately and put the money in someone else's account or keep it in cash. Remove all money from your bank accounts and from whatever other liquid accounts you may may have. Do this immediately - as in Yesterday!
The problem is not so much what CAN be done to collect the money but what WILL be done (including all sorts of nasty things that are against the law - yes, that's right, against the law!). There's this old saying in the law, when it comes to your rights "use it or lose it." People who collect debts - including the State Attorney General's Office - do things to see if they can get away with it. The bet is that you don't know you have rights or laws protecting you and so you will not know what to do to counter their shennanigans. So, if you don't join battle with them, they win - even though they may have done something against the rules to win!
How do I know all of this? I've been fighting them for the past two years in regard to unpaid school loans. The only way to know this area of the law is to go through it yourself!
Hope this info helps. If you would like to learn more, contact me.
Charles Williamson