I am married and my husband and I filed our 2008 tax return jointly. We received a letter in the mail yesterday that we will not be getting a federal refund this year because there was a lien filed in my name because of a default on a student loan. I have several questions about this:
1 - Is it allowable to take our entire refund which was much more my husbands than mine even though the debt is in my name only and was created long before we were even married?
2 - I never received any notice that they were going to take my tax money from the student loan company. I did receive a letter at my place of employment several months ago regarding wage garnishment which I was able to get cleared by submitting a promise to pay letter and paying the loan on time each month. I have been paying on time since I received that letter at work but I never received anything at home. The student loan company swears that they sent letters to my house, I have yet to receive anything. It was my understanding that since I was paying on time each month the situation was cleared up.
3 - The reason the loan went into a default status to begin with was because I was under a forbearance and then began attending classes again before the forbearance ended. I had the college send proof of enrollment, I even sent a copy myself to the student loan company however the student loan company did not place my loan under deferment again like I thought would happen, they did nothing and didn't notify me either. In hindsite I probably should have followed up to confirm the loan was in deferrment but I did not and when I didn't receive any bills I didn't worry about it.
So now my husband and I are in a situation where we really need the money (over $5,000) which we were expecting to receive from our federal tax refund however we will not see a penny of it from what I have been able to find out. Despite several grooling hours of attempting to contact the student loan company I have gotten no further than finding out that the placed a lien against me months ago and I just found out now!
Any advice?