What is the name of your state (only U.S. law)? AZ
I apologize in advance for the length of this post but I want to be as clear as possible.
Thank you for any guidance.
My daughter and her spouse were served papers in Maricopa County Superior Court Arizona.
They are being sued by a collection agency that bought the spouses student loan.
From researching on the internet, the papers were taken out by an LLC that specializes in taking on student loans at non-accreditted trade schools and then filing suit.
The student loan was taken out before they knew each other and went into default several months before they were married. The amount of the suit is roughly 14,000.
They really cannot afford an attorney which leads me here.
They do own a home with very little equity. My daughter is the only one on the mortgage.
The papers indicate that they must respond within 20 days or a judgement will be rendered.
My questions:
Can my daughter be held responsible for this debt?
Can they garnish her wages?
Does she have to respond to this or will the court assume she owes the debt? It appears that to respond she will have to pay $239 to file a response. Is there any way around filing a response and still showing the court they were not married when this loan was taken?
Spouse does not deny the debt but is not able to pay the debt at this time.
I am strictly concerned with my daughter in this matter. Her spouse is unemployed and will probably not work for many years as he is a stay at home dad. My daughter makes pretty good money but is saddled with substantial federal student loans.
Any advice or insight into what could happen or how she should proceed would be greatly appreciated.
I apologize in advance for the length of this post but I want to be as clear as possible.
Thank you for any guidance.
My daughter and her spouse were served papers in Maricopa County Superior Court Arizona.
They are being sued by a collection agency that bought the spouses student loan.
From researching on the internet, the papers were taken out by an LLC that specializes in taking on student loans at non-accreditted trade schools and then filing suit.
The student loan was taken out before they knew each other and went into default several months before they were married. The amount of the suit is roughly 14,000.
They really cannot afford an attorney which leads me here.
They do own a home with very little equity. My daughter is the only one on the mortgage.
The papers indicate that they must respond within 20 days or a judgement will be rendered.
My questions:
Can my daughter be held responsible for this debt?
Can they garnish her wages?
Does she have to respond to this or will the court assume she owes the debt? It appears that to respond she will have to pay $239 to file a response. Is there any way around filing a response and still showing the court they were not married when this loan was taken?
Spouse does not deny the debt but is not able to pay the debt at this time.
I am strictly concerned with my daughter in this matter. Her spouse is unemployed and will probably not work for many years as he is a stay at home dad. My daughter makes pretty good money but is saddled with substantial federal student loans.
Any advice or insight into what could happen or how she should proceed would be greatly appreciated.