WHAT TO DO IF SUED FOR PRIVATE STUDENT LOANS?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
WHAT TO DO IF SUED FOR PRIVATE STUDENT LOANS?
I had a private student loan which I defaulted on. It was eventually sold to an insurer. I offered half the principle and they gave bottom a line offer of 70%, plus court cost, which is only $60 less.
Asked on March 16, 2011 under Bankruptcy Law, Georgia
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
As you know, student loans cannot (with the exception of extremely limited circumstances) be discharged through bankruptcy so most students and graduates are required to pay these back. If you default on a student loan, your options are more limited. If they offered you a settlement that you cannot meet, try going back to the table for a payment plan. If you still cannot handle that, see if your state (banking department, attorney general or federal branch of department of education) can help you file an inquiry or complaint to mediate this matter. If you still cannot seek resolution, I am unsure as to what else you can do but you may wish to at least consult with legal aid in your city or county or consult with a private attorney. A consultation may help clear some matters up for you so that you can go back to the table and renegotiate.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.