What if I owe student loan money but I haven’t worked in over a year?

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What if I owe student loan money but I haven’t worked in over a year?

If I didn’t make any money and my husband claims me and our son. Can they take our tax refund even if my husband’s name isn’t on the loan?

Asked on November 18, 2011 under Bankruptcy Law, South Carolina

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Your student loan may be considered a marital debt but if you own joint back accounts, it makes no difference if you work or not, the student loan company can certainly begin the process of essentially freezing the account after obtaining a judgment against you or garnishing the bank account or in extreme situations, placing a lien on your home. You may wish to work or try to work with the student loan company by working on a small payment plan or showing why you have an extreme hardship. If you have not worked in over a year, have you been getting unemployment? Can you get a deferment or forebearance on your loan? Try anything you can to get some help.


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