Get a Student Loan Debt Lawyer and Stop Illegal Student Loan Collection
If You Have A Federal Student Loan, You Have Rights!
Before a Debt Collector can collect a default student loan, you can request and they must offer you help in paying the debt! You have legal rights.
Your Legal Rights
You have the right to:
A “reasonable and affordable” payment over 9-12 consecutive months based on your documented ability to pay, not an amount the collector tells you to pay.
A written agreement confirming the payment terms and advising you of your rights.
Notice Prior to Wage Garnishment
Federal law only permits wage garnishment to collect a defaulted student debt IF:
You get written mailed notice a minimum of 30 days prior to any garnishment proceedings, stating the intent to garnish, amount of the debt, percentage to be collected from wages, and your rights under the law
Opportunity to inspect and copy records relating to your debt
Opportunity to enter into a written agreement to repay your debt
Exercise your rights. We’ll help you fight threats & harassments from lenders and rehabilitate or modify your unaffordable or defaulted loans.
Frequently Asked Questions
What relief is Available to help me repay my Student Loan Debt?
First determine which of your loans are federally or privately made or guaranteed. If federal loans, you have several avenues of relief.
The three (3) categories of relief for federal loans are deferment, consolidation, and rehabilitation.
Deferment of your payments because:
Your Income is insufficient because you are:
Fully employed but earnings do not exceed greater of minimum wage or 150% of federal poverty level applicable to borrower’s family size and State residence; or
Unemployed not more than 6 months and eligible to receive unemployment insurance; OR registered with an employment agency and made at least 6 attempts to secure full time employment in prior 6 months.
You receive federal or state public assistance benefits
You are in active duty Military service or currently a student
You previously qualified under another federal loan program
Not available if you are in default (more than 270 days delinquent).
Consolidation (to get out of Default) – this permits you to consolidate loans into one Direct Federal loan with a more affordable payment.
Rehabilitation (to get out of Default)
Make 9 timely payments (within 20 days of the due dates) during 10 consecutive months (if a Perkins loan, make 9 consecutive timely monthly payments).
Your monthly payments are based on what you can afford (not arbitrary down payments or monthly payments a collector wants you to pay!)
What are the advantages and disadvantages of deferment, consolidation and rehabilitation?
Deferment can increase your overall loan obligation by deferred interest, etc.
Consolidation is quicker – no requirements of preliminary payments to qualify
Rehabilitation removes the default remark in your credit report
Collection fees of up to 18.5% can be added to the principal in both
How do I know whether my loans are federal or private loans?
Complete appropriate information including PIN. (If PIN is unknown, link is in disclaimer language under box.)
If all information is correct, it will take you to student loan summary.
Can I discharge my student loan debt in bankruptcy?
Eliminating or “discharging” your debt is very difficult. You must establish an inability to maintain a minimal living standard based on your current income and expenses and that it is likely to continue for a significant portion of the repayment period.
Can I discharge my student loan debt any other way?
Federally guaranteed loans can be statutorily discharged for several reasons including:
SCHOOL CLOSURE before the student was able to complete the program.
FALSE CERTIFICATION of the funded education program, e.g. student didn’t qualify for program or the school was a scam.
UNPAID REFUNDS School failed to refund monies due the student.
Can the federal government garnish my wages or bank account to collect my loans?
While the answer is “yes”, you must receive notice of a dispute period and process to avoid such a remedy by the government. Do not hide from your mail if you are in default!
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Wrongfully sued in a student loan debt collection matter...
"When I first called Bob, I was in a state of panic after learning I was being wrongfully sued in a student loan debt collection matter and I didn’t know what my next step should be. The odds seemed completely against me. During my free consultation he explained my options, proved himself an insightful, effective, and strategic attorney, especially on matters requiring local expertise and understanding of the dynamics of consumer law. His responsiveness and honest assessment of our chances of success and our strategic options was invaluable to me. I’m pleased to say the outcome was better than expected and I owe that to Bob and his relentless and professional dedication to my case."