Student loan debt is almost a rite of passage in America. With increased college enrollment and skyrocketing higher education costs, many students come out of undergraduate and graduate programs with overwhelming debt. At times, lenders will try to pass off these debts, if in default, to spouses and family members. There are clear restrictions, and you should take swift action if you are a victim of harassment.
Obligated Parties
Before making any moves, double-check all loan paperwork to determine the obligated parties on the promissory notes. If you, the spouse, are an obligated signer on the loans, you will have no legal recourse. In this case, you must pay the lenders or the government, or work out a payment arrangement. Even though you may not be the primary signer on the account, all obligated signers are responsible for the repayment of the loan.
Nonobligated Spouses
Lenders and the federal government do not have the ability to collect payments from a borrower's spouse if that spouse is not listed as an obligated signer. Before taking legal action, be sure to call all lenders (and your spouse who owns the debt, if she is alive), and let her know that you are not a signer. Many lenders have automated dialing systems that call delinquent borrowers. Your phone number might be listed as the contact phone for delinquent accounts.
Legal Action
Contact the FTC (Federal Trade Commission) if lenders are harassing you about spousal student loans. (Check the Resources section for the FTC's complaint site.) If the FTC does not resolve your claim fast enough or to your satisfaction, seek legal advice from a consumer law attorney. Be sure you have all necessary paperwork (including any correspondence from lenders) before you meet with an attorney----the faster you can handle the claim, the cheaper the legal expenses will be.
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