Can student loan money be garnished from a joint checking account?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can student loan money be garnished from a joint checking account?

I am a college student and I applied for federal student aid through FAFSA. I took out more than my tuition bill was for so I received a federal refund of $6700. I had them deposit it into my checking account, which my mother’s name is also on. My mother was sued for an old credit card debt of hers and they garnished all of her checking accounts, including mine because it had her name on it. Is there anything that I can do to try to get my money back? Can my student loan money be taken for something like that, even if the settlement had nothing to do with me? I can’t sue my mom, she has no money.

Asked on August 26, 2010 under Bankruptcy Law, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

What a fiasco.  They can as evidenced that they did! Student aid and assistance is, I believe, protected from garnishment.  Notice tot he bank was the issue.  I would at this point in time advise the bank that the funds deposited were exempt and your property (but once deposited they take on the appearance of joint so there was the problem) then I would send a letter to the Creditor by certified mail, return receipt requested and advise them that the funds were yours and exempt from garnishment under the law.  That you demand return (not likely) and that if you do not receive them within 30 days you will seek the help of the court.  The speak with at attorney in your area about your ability to sue the creditor for repayment of the debt.  You Mother also has to do something about the garnishment order.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption