lawyer who handles student debt issues

by Ms. Mattie Murphy 8 min read

If you need an attorney but you're not sure where to start, you can try the National Association of Consumer Advocates, which is a national bar association of consumer rights attorneys, some of whom may handle student loan issues. You can also contact your state bar association for a referral. If you need student loan help

A student loan lawyer is an attorney who specializes in helping borrowers navigate problems with their student debt, like disputing loans from a fraudulent school or negotiating debts that have been sent to collections.Oct 22, 2021

Full Answer

Why should you hire a student loan lawyer?

Jul 19, 2020 · At ARM Lawyers, our student loan attorneys are in a unique position in that we have the extensive knowledge necessary to handle student loan cases and, if necessary, bankruptcy cases. Our student loan attorney handles student loan bankruptcy /adversarial proceedings in Pennsylvania, Maryland, New Jersey, and New York and has offices in each of these states.

When is it time to hire a student loan lawyer?

Nov 02, 2017 · Robyn Smith, an attorney at the National Consumer Law Center, recommended that if you’ve been served with a lawsuit, get an attorney who specializes in debt collection and credit reporting issues. Take the papers to a student loan attorney as soon as possible and before your scheduled court appearance.

When to hire a student loan lawyer?

Under our student loan debt settlement program, a licensed attorney contacts your student loan lenders and begins a negotiation process to significantly reduce the interest AND principal the lender claims is owed. At the end of a successful student loan settlement, the borrower ends up paying only a fraction of the original balance claimed by the lender.

Why is student loan debt non dischargeable?

Mar 02, 2022 · Under our student loan debt liquidation program, a accredited lawyer contacts your scholar lend lenders and begins a negotiation process to significantly reduce the sake AND principal the lender claims is owed. At the conclusion of a successful scholar lend settlement, the borrower ends up paying alone a fraction of the original balance claimed by the lender. The …

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Can I sue my student loan company?

While it is unlikely that you will be able to personally sue your student loan servicer, you may be able to enter a class action lawsuit. Each class action lawsuit is unique, so there are no guaranteed outcomes for plaintiffs.Aug 31, 2021

Can I negotiate a lower student loan payoff?

Student loan settlement is possible, but you're at the mercy of your lender to accept less than you owe. Don't expect to negotiate a settlement unless: Your loans are in or near default. Your loan holder would make more money by settling than by pursuing the debt.

How do you fight student loans?

8 Ways You Can Quit Paying Your Student Loans (Legally)Enroll in income-driven repayment.Pursue a career in public service.Apply for disability discharge.Investigate loan repayment assistance programs (LRAPs).Ask your employer.Serve your country.Play a game.File for bankruptcy.May 18, 2018

Can you go to jail for not paying student debt?

You cannot be arrested or placed in jail for not paying student loan debt, but it can become overwhelming. Student loan debts are considered “civil” debts, which are in the same category as credit card debt and medical bills. Because of this, they cannot send you to jail for not paying them.Dec 1, 2021

Do student loans go away after 7 years?

Do student loans go away after 7 years? Student loans don't go away after seven years. There is no program for loan forgiveness or cancellation after seven years. But if you recently checked your credit report and are wondering, "why did my student loans disappear?" The answer is that you have defaulted student loans.Jan 13, 2022

How do I get Navient to settle?

You can start the settlement process by contacting Navient's customer service representatives. If Navient agrees to settle, the payment could be made by: Lump-sum - a single, large payment made within 30 days of reaching an agreement. Monthly payments - fixed amounts usually paid for no more than 60 months.Jan 13, 2022

How can I get rid of student loans without paying?

There's no simple way to get rid of student loans without paying. ... If you're having difficulty making payments, your best option is to contact your private loan holder about renegotiating your payment or taking a short-term payment pause.More items...

What happens if you Cannot pay student loans?

Some of the consequences for being in default include: You can no longer receive deferment or forbearance. The notice of default will appear on your credit report and affect your credit score. Tax refunds and federal benefit payments (like social security) can be garnished. Your loan holder can take you to court.Feb 23, 2022

How can I get rid of student loans fast?

9 ways to pay off your student loans fastMake additional payments.Establish a college repayment fund.Start early with a part-time job in college.Stick to a budget.Consider refinancing.Apply for loan forgiveness.Lower your interest rate through discounts.Take advantage of tax deductions.More items...•Nov 17, 2021

What percentage of students take out private student loans?

Private student loans make up 7.89% of the total outstanding U.S. student loans, according to MeasureOne.Feb 23, 2022

Can you rehabilitate a student loan twice?

Following the rehabilitation of your loan, send all future payments on time. You will not be allowed to rehabilitate the same loan twice.

What happens when your student loan gets sold?

Once your loan is sold, you don't owe anything to your original lender. You'll make your payments to your new loan servicer going forward.Mar 8, 2022

How can a student loan attorney help me?

Student loan attorneys can provide you with legal advice, represent your interests during negotiations or lawsuits, resolve delinquencies, protect...

Am I able to discharge a federal student loan without having to file bankruptcy?

In most situations, neither federal student loans nor private student loans are eligible to be discharged in bankruptcy. However, in some cases, yo...

What is the difference between federal student loans and private student loans?

While federal student loans are offered by the government, private student loans are offered by private-sector lenders. Interest rates for private...

What are the costs of hiring a student loan lawyer?

Our services are offered on a flat fee basis calculated as a percentage of the debt. Typically, we can settle our clients’ debt for 55-60 cents on...

What is the phone number to contact a debt collector?

If a debt collector has been hounding you, to speak with a representative directly and immediately call 844-685-9200 for a free, no-obligation case evaluation. Our attorneys have experience in assisting those with student loans, fighting debt collectors, and standing up for consumers. If a debt buyer has violated the Fair Debt Collection Practices ...

What is the CFPB suing?

The CFPB and three states have sued Navient, the largest servicer for student loans , for alleged illegal activity which cost borrowers millions. According to a New York Times article, Illinois Attorney General Lisa Madigan said that the misdeeds could affect every customer and that damages could be billions of dollars.

What is the FDCPA?

The FDCPA specifically forbids these collection activities: The use of conduct which is likely to harass, oppress, or abuse a consumer regarding the collection of a debt. The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person.

How to get help with student loan debt?

According to Adam Minsky, a lawyer will typically help with the following when it comes to student loan debt:​ 1 Advice and counsel regarding your legal rights and options for your student loans. 2 Direct representation and advocacy in communications with student loan lenders, servicers, debt collection agencies, credit bureaus, dispute bodies, and other relevant entities. 3 Negotiations with student loan lenders, servicers, and debt collection agencies to obtain a desired resolution. 4 Assistance in the preparation, completion, and review of student loan-related documentation such as program applications, letters and correspondence, and contractual agreements (such as student loan rehabilitation or settlement agreements). 5 Representation in court to defend you against a student loan collections lawsuit or to pursue companies that have harmed you.

What is Avvo for lawyers?

Avvo also provides a record of client reviews and peer endorsements, which can be helpful in selecting an attorney. Once you find an attorney you might want to work with, cross-reference the attorney with your state bar association to see if that attorney has any record of public discipline.

What is a NACA?

NACA is a bar association for attorneys who only represent consumers and borrowers, and you can search for local attorneys who have listed “student loans” as an area of practice. Contact your state bar association for a referral (many state bar associations have referral services).

Who is Robert Farrington?

Robert Farrington. Robert Farrington is America’s Millennial Money Expert® and America’s Student Loan Debt Expert™, and the founder of The College Investor, a personal finance site dedicated to helping millennials escape student loan debt to start investing and building wealth for the future.

Is student loan debt hard?

Dealing with a difficult student loan situation can be tough. It's not only financially draining, but it can be extremely hard emotionally. If you find yourself wanting professional help for your student loan debt, make sure you consider whether a lawyer is the right choice.

Do I need a lawyer for student loans?

The fact is, most issues with your student loan debt doesn't require the services of a lawyer. For many things, such as changing your repayment plan or applying for student loan forgiveness programs, you can fill out the paperwork or online form yourself. However, there are scenarios where it can be very beneficial to pay a lawyer ...

What to do if you are being sued for student loans?

If you are being sued or are in collections, in most cases you will want to speak with a student loan lawyer. Often an attorney can help you see solutions you might miss before the window of opportunity for action narrows. Even if you decide to proceed on your own, it is a good idea to consult with an attorney.

What is it called when you can't pay your student loan?

Federal student loans and some private ones allow a postponement of payment under certain circumstances. This is called deferment. Various circumstances qualify such as being in school or the military.

How many people default on student loans?

Over 3,000 people default on their federal student loans each day in the United States. Fortunately, you have many options to help you get your payments under control, and most of these you can do yourself. However, there are occasions when it pays to hire a student loan lawyer. A student loan lawyer is an attorney who is experienced in dealing ...

How long do student loans take to default?

Your student loans are in default when you have not made payments for 270 days (about nine months). This is the point that signals to a lender that you do not intent to pay back a loan. Therefore, they will refer your case to a collection agency to take action against you. If you act quickly, you may be able to work things out with your loan servicer yourself. Even then, consulting with a student loan lawyer is not a bad idea even if you handle the bulk of the work yourself.

What is a TLFP?

The Teacher Loan Forgiveness Program (TLFP) is for those who teach in low-income schools or educational service agencies. To apply for student loan forgiveness for a teaching position, complete a Teacher Loan Forgiveness Application and submit it to your loan servicer.

What is Chapter 13 bankruptcy?

Chapter 13 bankruptcy: Chapter 13 is a reorganization where you still repay debts but do so under a plan that prioritizes debts and may enable you to pay less every month while the plan is in place. If you have student loans, you will still owe the unpaid amount after the end of the Chapter 13 plan.

Can you file for bankruptcy if you have student loans?

Some debts, such as credit card debts, are automatically discharged in a Chapter 7 bankruptcy. However, student loan debt is not automatically discharged. You must prove to the court that being forced to pay your student loans would cause you “undue hardship”.

What are the two main types of student loans?

There are two main categories of student loans: federal and private. Federal student loans, such as Stafford Loans are backed by the federal government and are highly regulated. We do not work with federal student loans. On the contrary, private student loans may be issued by well known banks, like Citigroup or Chase Bank.

Can you file for bankruptcy with a student loan?

In most situations, neither federal student loans nor private student loans are eligible to be discharged in bankruptcy. However, in some cases, you can have a federal student loan discharged if you experienced serious problems with your school, worked in public service, or have a severe disability.

What to do if student loan defaults?

A lawyer may be able to help if you are in default, but before it comes to that, consider how to take back control of your student loan payments. If you’re struggling with your student loan debt, first speak with your servicer or lender to: Discuss repayment options, such as an income-driven repayment plan.

What is the Ombudsman Group?

For example, the U.S. Department of Education has an Ombudsman Group that can look into disputes between borrowers and servicers. Borrowers can also file a complaint with the federal Consumer Financial Protection Bureau, which oversees many aspects of student loan servicing.

Who is Anna Helhoski?

About the author: Anna Helhoski is a writer and NerdWallet's authority on student loans. Her work has appeared in The Associated Press, The New York Times, The Washington Post and USA Today. Read more.

What is the best loan forgiveness program?

The main loan forgiveness program that gets the most notoriety is public service loan forgiveness. Public service loan forgiveness is not defined as a program you enroll in; rather, it is a redemption plan in which you redeem the forgiveness once you have reached the required 120 qualifying payment months. There is no limit on how much student loan debt can be forgiven. Public Service Loan Forgiveness has three requirements to make the payments “qualifying”: 1 The right kind of employer 2 The right kind of loan 3 Actively paying

How many years do you have to teach to get a teacher loan forgiveness?

The requirement for teacher loan forgiveness is teaching for 5 consecutive years in a qualifying school district. Generally, most rural and urban school districts and some suburban school districts will be qualifying school districts. However, a good rule of thumb is to ask the principal of any school if the school district will qualify.

How long does it take for a student loan to be forgiven?

Depending upon the type of federal student loan repayment plan you are in, your loans may be forgiven after 20 or 25 years of qualifying payments. If you are unsure of whether your loan qualifies for income-driven repayment forgiveness or are unsure of the type of income-driven repayment plan you’re in, our student loan forgiveness lawyer can ...

Is student loan forgiveness taxable?

Unfortunately, unlike the public service forgiveness, income-driven repayment forgiveness is potentially taxable. We say potentially because there are exceptions to the rule. If this is a concern for you, our student loan forgiveness lawyer along with our tax lawyers can advise you on ways to address this.

Is loan forgiveness good?

Loan forgiveness is a great option for those individuals who can meet the requirements. Unfortunately, many people make mistakes in meeting the requirements and there is no going back and changing who you worked for or the hours you worked. Therefore, it is essential that you start out in compliance.

Can student loans be forgiven?

There is no limit on how much student loan debt can be forgiven. Public Service Loan Forgiveness has three requirements to make the payments “qualifying”: The right kind of employer. The right kind of loan. Actively paying.

Who can help with student loans?

Student loan lawyers can help you with the nuances of private student loans, too. “A lawyer should always be consulted when dealing with private loans, as those are subject to state law,” Cohen said. “What works in one state may not work in another.

What can a lawyer do for you?

A lawyer can help you resolve delinquencies or defaults or apply for loan discharge. They can protect you from unfair or abusive conduct by debt collectors and other agencies. They can handle credit disputes. A lawyer can represent you in court if needed.

How many members does the American Bar Association have?

American Bar Association (ABA) The ABA is a professional organization with nearly 400,000 members, has three kinds of resources by state: Pro bono assistance programs. Local, regional bar associations. Lawyer referral services.

What is the interest rate for a 10 year loan?

For loan terms of 10 years to 15 years, the interest rate will never exceed 9.95% .

Does refinancing a loan lower your monthly payments?

Refinancing to a longer term may lower your monthly payments, but may also increase the total interest paid over the life of the loan. Refinancing to a shorter term may increase your monthly payments, but may lower the total interest paid over the life of the loan.

Does Student Loan Hero include all lenders?

Student Loan Hero does not include all lenders, savings products, or loan options available in the marketplace.

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