lawyer who specializes in student loan default

Can you dispute a student loan default?

Yes, you can dispute your student loan payment history and status. The federal government has steps you can take to dispute certain issues with your student loan account.Sep 1, 2021

Can defaulted student loans be forgiven?

You can get your student loans out of default in one of three ways: loan rehabilitation, loan consolidation and paying them in full. Only rehabilitation and consolidation are eligible for loan forgiveness because paying your loans in full would leave no remaining debt.Dec 24, 2021

Do defaulted 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

Will IRS take refund for student loans 2021?

The bottom line. The student loan tax offset has been suspended through Nov. 1, 2022. If you have federal student loans in default, your 2021 tax return won't be taken to offset your defaulted loan balance if you file your 2021 tax return by the filing deadline.Feb 24, 2022

Can you negotiate defaulted student loans?

If your loans are in default and you have a chunk of cash saved up, your lender might be willing to negotiate a settlement agreement with you. It's a good idea if you're behind on your debt and can pay off a good portion of it right away. The amount of money you may be able to save will vary according to your lender.Nov 19, 2021

Do student loans expire after 20 years?

Are federal student loans forgiven after 20 years? The U.S. Department of Education forgives student loan debt after 20 years of qualifying payments under an eligible income-driven repayment plan. In most cases, federal student loans go away only when you make payments.Dec 13, 2021

Do defaulted student loans stay on credit report?

If the loan is paid in full, the default will remain on your credit report for seven years following the final payment date, but your report will reflect a zero balance. If you rehabilitate your loan, the default will be removed from your credit report.

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...

Why are student loans better than other loans?

Federal student loans have an advantage when it comes to lowering monthly payments because there are repayment plans available and other programs to help with monthly payments. The income-driven repayment plans offered by the federal government allow individuals to base their monthly payments on their income.

What is an eligible institution for student loans?

Eligible Institution: The college or university at which a private student loan borrower is enrolled must be an eligible institution. It is important to look for institutions that are unaccredited. Student debt is a problem for millions of people and many do not believe there are opportunities to get out of this problem.

What to discuss with a student loan lawyer?

When you meet with a student loan lawyer, you’ll start by reviewing your entire financial situation. This includes the types of student loans you have, the balances, the payments, and any other relevant facts such as when you went to school, your payment history, and your current employment.

What is considered an eligible student?

Eligible Student: An additional requirement for a qualified educational loan is that the private student loan borrower is an eligible student during the period of the loan. Some factors of an eligible student include being a US citizen or eligible non-citizen and enrollment in an eligible degree.

How long can you default on a student loan?

Defaulting on student loans, whether federal or private, can have huge repercussions on your loans. Once one payment on a federal loan is late for more than 270 days, your loan balance is subject to a 24.5% addition to the balance of the loan and you can default multiple times.

Is bankruptcy a civil or adversarial proceeding?

Opening a bankruptcy case is a relatively simple and straightforward process. The adversarial proceeding is similar to a civil action, in that it starts with a complaint and can require a trial if the case proceeds that far. Your type of student loan will be a big factor in how far you can expect the case to proceed.

Can student loans be discharged?

The truth is student debt can be discharged in several ways and there are many programs out there to help with student debt. The problem is there is not a lot of information available to student loan holders and there are very little professionals out there that understand the many options available.

What happens at the end of a student loan settlement?

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. The rest of the debt is forgiven by the lender and the settlement is a full and final settlement of the debt, leaving the borrower without the burden of student loan debt going forward.

Why are the Corinthian 15 protesting student debt?

Or there is the story of the “ Corinthian 15 ” who are protesting student debt because there for-profit school, Corinthian College, illegally pushed predatory loans on their students after lying to them about career assistance and job prospects.

Why do you need a student loan lawyer?

Here is the main reason you need a student loan lawyer to fight for you and protect you against student loan lenders , such as Navient, Discover, National Collegiate Trust, etc. — there is A LOT of money exchanging hands in the student lending market.

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.

Do student loan collectors break the rules?

It is no secret that student lenders, servicers and collectors tend to break the rules. The CFPB, the government’s financial watchdog agency, recently reported that the federal government’s own student loan debt collectors are breaking the rules.

Is student loan debt higher than ever before?

Consequently, student loan debt has soared, higher than ever before. In particular, many were forced to take out higher interest rate private student loans, not backed by the federal government. Some less scrupulous schools lured people into education programs with promises of high paying jobs that never materialized.

Can you get a higher interest rate on a private student loan?

Interest rates for private loans are generally higher, cannot be forgiven, and are never subsidized. However, private student loans are not need-based so you can qualify for a higher loan amount if you have good credit.

Who is a student loan lawyer?

A student loan lawyer is an attorney who is experienced in dealing with student loan debt issues, can illuminate your options and can represent you with lenders, creditors and the courts. Every situation is different, so we are not here to tell you when you definitely should or should not hire a student loan lawyer.

What to do if student loan default proceeds to a law suit?

But if your default proceeds to a law suit or collections, you should consult with a student loan lawyer. However, you could first try talking with your loan servicer and use some of the remedies such as an Income-driven payment plans described above in the Delinquency section.

How long do student loans 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.

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 ...

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.

Do you have to pay student loans after Chapter 13?

If you have student loans, you will still owe the unpaid amount after the end of the Chapter 13 plan. Some debts, such as credit card debts, are automatically discharged in a Chapter 7 bankruptcy. However, student loan debt is not automatically discharged.

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.

How long does it take to rehabilitate a student loan?

To rehabilitate a defaulted student loan, you have to make nine payments w ithin 20 days of the due date over ten months. The servicer sets the payment amount. Once you've made the required payments, your loans will no longer be in default. You can rehabilitate a loan only once.

When will student loan forgiveness be taxed?

This Act includes a provision exempting all student loan forgiveness after December 31, 2020, and before January 1, 2026, from federal taxation.

Can you discharge student loans in bankruptcy?

If you want to learn about filing for bankruptcy, talk to a bankruptcy attorney.