Legal Question in Credit and Debt Law in Virginia

I am married and my husband has some old student loan debt he's been carrying for quite a while. He obtained this debt prior to our marriage. The debt was for a PLUS loan for parent borrowers and was obtained while he lived in NY. We now live in VA. As far as repaying that debt, am I responsible for this debt? The account was recently placed with a collection agency, and the agency is now asking for proof of income in order to determine a negotiated payment amount. Husband only receives social security income, while I am employed full time. Can the collection agency legally count my income towards a debt that wasn't incurred by me prior to my marriage?

Asked on 1/04/16, 9:37 am

Michael Hendrickson Law Office Michael E. Hendrickson

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No, under the circumstances described your income or other assets should not be subject

to whatever collection action may be undertaken by this collection agency for your husband's

school loan debt incurred prior to your marriage (my opinion).

Answered on 1/05/16, 1:17 pm

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