A few years ago I co-signed two private student loans for my son through Sallie Mae. I am disabled and receiving SSDI. My son has now defaulted on the loans and Sallie Mae is demanding payment from me. The loan is now with a collector who is threatening judgement. I live in the state of Hawaii. My son also lives in the state of Hawaii and has a good job and Sallie Mae is aware of this but they continue to threaten me and not him.
I am currently unemployed and receive SSDI payments for disability. From my own research I’ve learned Sallie Mae can not garnish my SSDI but can Sallie Mae freeze or garnish my bank account? The only monies going into my bank account are from Social Security.
Thank you for your help.
Your assumptions appear to be correct. Since the money in your bank account is from public benefits you should be what people call “judgment proof” since these are private student loans. If they were government subsidized your benefits could be garnished.
You might want to contact the Legal Aid Society of Hawaii for free legal help on this matter.
Typically the lender will pursue the co-signer because that person usually has better credit and resources than the primary account holder. I would not be surprised to see them pursue your son once they run into a wall with you. Which begs me to ask, why isn’t your son paying on these loans if he’s doing alright?
There is nothing that prevents your son from contacting Sallie Mae and working out a repayment plan to prevent you from being sued.
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