VALUES (35003, 'wife's judgement', 'accb1717cc', 'she went to a cosmotology school for 9 months during 1987 in N.Y.S. She was notified about N.Y.S. Supreme Court default judgement when we got married in 2001. Whoever was the flavor of the day,( debt collector) , claims over time the original default was $3,500.00. As of today the newest flavor,who claims the represent N.Y.S. Higher Education said the debt would never go away unless it was satisfied.It now is up to $20,000.00,with penalty''s and interest.They claim that the state debts were rolled into guaranteed U.S. government loans(which judgements don''t expire).My wife claims that she paid off the loan. The school she attended went out of business years ago. Banks are only required to keep records for 3 years. My wife doesn''t have proof of pay off. This creditor didn''t provide me with the request of the original court subpoena,which I recall didn''t give an accurate description of her sister,why wouldn''t her sister notify her in 1990.Hopefully my wife is being straight with me! It was always put on the back burner,because my son was born in 2001,and I was the only source of income.Plus,she believed that she paid the loan and she was being scammed. Of course the creditor would attach the debt to my tax return,but , I filed "injured spouse" to stop their efforts. Now I''m disabled and collected S.S.D.I. ,she started working on the books. Now the creditor''s intention is to garnish her salary. One lawyers opinion is to pay the loan /settle. 2 other lawyers, claim that the judgement was a N.Y.S. issued and can''t be renewed after 20 yrs. Also,any willful remittance on her part would be an admittance of guilt. Also, is 15% the most that can be garnished from one''s weekly salary? Sorry about the lenghty commentary. I wish you can give us some good advice! Thanks,Jimmy')
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Hi Jimmy,
You have to pay the debt since the debts have been rolled into guaranteed government loans, which cannot be discharged through bankruptcy unless you can prove"undue hardship".
In New York a creditor can garnish upto 10% of the wages only.
student loan
i was under the impression that creditor's buy non-performing loans which become less vauluble over time . is that true?. They wouldn't settle for less then $16,000. i offered $4000,because of our position. N.Y. State statues of vacating a student loan after 20 yrs that. was originally commercial isn't possible. Since 2001,purcfase of our house there hasn't been a notice of lien.Is this because, both our names appear on the title. In regard to a joint bank account?
Lastly, the lastest flavor,claimed that if we sent them $50 per mo. for 3mo's, & based on our financial situation,they will look to assist in the "Will Rogers" program. Then they will cease garnishment & relinquish and claim to our tax return, which hasn't been filed in 3 yrs.(i no it has to be filed this yr.). They said we will have to pay the balance off based on our situation.It could be up to our demise. The document we rec'd, had the stipulation not to date it on each page with a sticky note. Can u be more specific to most of my questions? Thanks for your consideration, Jim Wilson
undue hardship
what is considered undue hardship? we have numerous expenses. the money coming into this house is less then going out. I had inherited an inconsequential amount upon my fathers death. that money helped cover our expenses. But,that money has been exhausted. My wife gross' roughly $1,200 per month. I receive $2,700 from S.S.D.I. . This is for a family of 4.
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Hi,did u receive my last email about hardship?