Old Student Loan Status-Help Please
I have a student loan from 1980. Two collectors are on my back. The
Board Of Education has a program to consolidate my loans into one and
that will make my loan renewed into a current loan. Someone advised me
to write the collectors first and ask for wriitten proof of the debts
and if they don't respond in 20 days I should consider the debt
not valid and they should cease writing.
I do not know what to do. There is a contingent program that the Board
Of Education has to consolidate my loan. Is it beter to consolidate or
keep trying tactics to ward the collectors off?
I think with regular debt such as credit cards, medical bills etc. I
could ward the creditors away. Isn't it a different ball game with
the collectors with the government? I hear the government is suing
left and right. I don't have anything that they could take. Would it
be better to be sued or consolidate my loan?
I realize no one here can gve me legal advice but I have no idea what
kind of rights I have when collectors are after me.
Thank you.
Student Loan
I had a similar problem with my student loan a few years ago. I have my loans through Next Student and they helped me with my debt problems by helping me with my payment options. I would recommend to consolidate your loans if your still having trouble paying off the loans.
Demand copies of promissory notes!
Before you consolidate your loans you should definitely demand copies of your promissory notes. In the few _reported_ cases available regarding student loan debt and promissory notes, the courts have adhered to general precedents requiring creditors to present promissory notes (originals or copies) to the court when bringing a legal action to collect a debt. If you or anyone else needs more information regarding demanding promissory notes prior to consolidation, post a comment or new topic to this forum.
If you demand copies of your promissory notes, do post a follow-up comment in this forum topic to let everyone know about the current status of your efforts. I'm sure other borrowers considering consolidation can benefit from your experiences.
Dilatory tactics such as making a single payment within 270 days to avoid default have reportedly been effective for some borrowers as a short term strategy, but my personal opinion is that a more permanent solution must be sought. Based upon what you said, it appears you may have already entered default status, so you may be limited to seeking rehabilitation of your default status. Generally speaking, dilatory tactics will simply result in Congress and/or the U.S. Department of Education changing the rules to preclude such tactics.
It is a somewhat different "ball game" when dealing with the federal government as creditor because the fed has constructed preferential rules that operate to its benefit compared to the private debt collection industry. For example, federal agencies can garnish the wages of a delinquent debtor without first obtaining a court order (http://www.fms.treas.gov/debt/awg.html). My experience is that the federal government has been increasingly aggressive in its efforts to collect student loan debt. "Being sued" by the fed is not an effective strategic alternative to consolidation in large part because discharging a student loan debt in bankruptcy is not an alternative for student loan borrowers. The federal bankruptcy code has recently been modified to make it essentially impossible for student loan debtors to be able to discharge student loan debts.
The SLAVE position is that the only way to obtain sufficient clout to effectively protect the interests of student loan borrowers like yourself is to build a sizable community of student loan borrowers, and to pursue class action litigation of behalf of all student loan borrowers. Help us reach out to other people through other website forums, chat rooms, and listserves. The faster we grow, the more quickly we can seek change on behalf of all borrowers.
We cannot provide you with a professional legal opinion because we are not familiar with all the facts in your case, and because our mission is not to provide legal advice to individual debtors. Other people's experiences regarding your questions, including particular tactics that have been effective for other borrowers, would be valuable posts for everyone to contribute to this or other forums in our website.
Thank you
So I should write the collector for the promissory notes. What if
don't receive the?. My loan is from 1980- they could be lost. If
they show no written proof what are my options?
The collector states as long as my loan is on his desk my interest rate
will sky rocket!
I only receive child support I have no other income. (Yes, I do have
a loan in default.) I wonder if I qualify for the contingent pro-
gram? However, the child support income is considered exempt.
I will post my experience as to what happens regarding my promissory
notes.
2?? Companies Are Trying To Collect??
If You Look It Up On Federal Law They Cannot Hire 2 Different Companies To Collect For The Same Debt. That Is Against The Law And They Could Be Sued For That Nor Can They Give Out Names Or Any Information To Anyone Except You. Look Under Federal Laws On Collection. I Too Have A 80"s Loan And Am Fighting For Everything I Have But I Am Getting Nowhere Fast.
chev702
Thank you for your reply. My loan was split up into two. I had
2 contracts. One for a summer session and the other for 1 academic
year. So... one loan is with one collector and the other is with another
one. It is driving me crazy. The collectors are not "human" I really
think they are aliens. For some reason, when the loan was all on one
state level the loan was one. Someone decided to take one of the loans
and stick it with the Board Of Education (federal) and leave the other
loan with the state level. It has been difficult to untangle the mess.
chev702
My loans are from the 80s also. I was thinking of consolidating them.
However, I feel like I will be reobligating myself to a new set of
laws regarding the new loan. For instance, on my old promissory
note I have a right to reasonable legal fees. The new contract states
I am responsible for legal fees if I default... I am assuming the
fees will be much more.
It would just be my luck that if I consolidate to a new loan there will
be a new law change, that loans over 25 years will no longer be enforce-
able. (I won't hold my breath though)