what type of of lawyer do i need to sue financial education student loans

by Jayda Kub 10 min read

Attorneys affiliated with NACA generally focus their legal practice on representing consumers and borrowers who are being hounded and sued by debt collectors, including debt collectors pursuing repayment for delinquent student loan debt.Apr 6, 2021

Do I need a lawyer for my student loans?

If you're feeling overwhelmed by a student loan issue and want some guidance to make sense of it all. A good rule of thumb to follow is asking yourself whether you can do it yourself, or do you feel you need an advocate to work on your behalf to resolve the issue. What Can A Lawyer Help With Your Student Loans?

What kind of lawyer do I need to sue a school?

An education or administrative law attorney can represent you if you wish to file a lawsuit against a school. Reviewed by: Rebecca K. McDowell, J.D. If you need to sue a school or school district, the type of lawyer you'll need to hire depends upon the type of the lawsuit and the scope of the matter.

How do I find a lawyer for student loans or bankruptcy?

Using its attorney directory, you can select student loans (or bankruptcy) from the drop-down menu, plus the state where you live. Each clickable search result will offer the lawyer’s areas of expertise in greater detail.

What kind of lawyer should I hire for student law?

Education law attorneys typically handle such matters as student rights, student discipline, bullying, harassment and school governance; if your issues involve other types of problems, another type of lawyer may be appropriate. Lawyers for Parents and Students

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Can I sue my student loan company?

If your complaint is about a collection agency for federal student loans, you can file a complaint with the U.S. Department of Education's Default Resolution Group at 1-800-621-3115, who will direct you to the Special Assistance Unit for resolution of the problem.

Can I sue the government for student loans?

States Can Sue Federal Student Loan Servicers, Education Department Says - The New York Times. Business|The Education Department ends its effort to stop states from suing federal student loan servicers.

Is there a class action lawsuit for student loan forgiveness?

Last week, a major settlement agreement was announced to resolve a lawsuit brought by several state attorneys general against Navient, one of the nation's largest student loan companies. Under the terms of the settlement, some borrowers will be eligible for student loan forgiveness or restitution.

Who should you contact if you have trouble paying student loans?

Contact the Department of Education's (ED) Office of Federal Student Aid (FSA) if you have questions about your loans or payments.

Can student loans seize your house?

When you fall behind on payments, there's no property for the lender to take. The bank has to sue you and get an order from a judge before taking any of your property. Student loans are unsecured loans. As a result, student loans can't take your house if you make your payments on time.

Do I qualify for the Navient lawsuit?

To be eligible for this payment, borrowers must have entered repayment on their federal student loans before 2015, have been eligible for an income-driven repayment plan but instead gotten guided to entering forbearance over the phone by a Navient employee, and have kept that forbearance in place for at least two years ...

Who is affected by Navient lawsuit?

Under the settlement terms, Navient will be required to forgive $1.7 billion in private student loan balances for nearly 66,000 borrowers, primarily those who took out subprime loans to attend for-profit schools.

What states are included in the Navient lawsuit?

The settlement was led by Pennsylvania, Washington, Illinois, Massachusetts, and California, and was joined by attorneys general in Arizona, Arkansas, Colorado, Connecticut, the District of Columbia, Delaware, Florida, Georgia, Hawaii, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Michigan, Minnesota, ...

How can I get my student loans forgiven after 20 years?

If you're making payments under an income-driven repayment plan and also working toward loan forgiveness under the Public Service Loan Forgiveness (PSLF) Program, you may qualify for forgiveness of any remaining loan balance after you've made 10 years of qualifying payments, instead of 20 or 25 years.

How can I get student loan forgiveness from Covid?

No, there is no coronavirus-related loan forgiveness for federal student loans. The Department of Education and your loan servicer should be your trusted sources of information about official loan forgiveness options. You never have to pay for help with your federal student aid.

How can I get out of paying student loans?

Options to Get Out of Repaying Student Loans LegallyLoan Forgiveness Programs. ... Income-Driven Repayment Plans. ... Disability Discharge. ... Temporary Relief: Deferment or Forbearance. ... Student Loan Refinancing. ... Filing for Bankruptcy: A Last Resort.

How do I get my student loans forgiven?

PSLF forgives the remaining balance on your Direct Loans after you have made 120 qualifying monthly payments under a qualifying repayment plan while working full-time for a qualifying employer. Learn more about the PSLF Program to see whether you might qualify.

Circumstances When a Student Loan Lawyer May Help

There are some common scenarios where hiring a student loan debt lawyer may be a good idea, such as when:

How to Find a Student Loan Lawyer

Because student loan issues can be complex and ever-changing, it’s important to find a lawyer who specializes in them. Here are some resources that can help.

How to Vet a Student Loan Lawyer

Most lawyers will offer a phone or video consultation for free. During this time, ask how many people they’ve helped with your specific issue. Get a feel for how experienced and comfortable they seem with your problem. Also consider how comfortable you are with the attorney. For example, can they answer all your questions in terms you understand?

Get to Work

Once you choose a student loan lawyer, assemble the related documents before your first official meeting. These may include monthly loan statements, proof of payments, letters from the lender, copies of online communication, previous tax returns and more.

What happens if you fall behind on student loans?

If you’ve fallen behind on your student loan debt, you may be faced with some legal challenges. Lenders can take legal action to get their money back from unpaid loans.

Can you sue for student loans?

Federal student loans are unlikely to have a lawsuit filed since the federal government has numerous methods to get money from you without suing you. These can include wage garnishment, the Treasury Offset Program, and more.

Is a student loan lawsuit unique?

Each student loan lawsuit is individual. You’re dealing with a specific lender, in a particular state, in a different court. On top of that, your loan’s history is unique. To do what’s best for you, you may need to do more than spend a few minutes on Google.

Can a student loan lender sue you for a missed payment?

Your student loan lender won’t automatically sue you the day after you miss a payment. The truth is, hiring a law firm and filing a lawsuit against you takes time and money your lender doesn’t want to spend. There is a process your student loan will go through before a suit.

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 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.

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.

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 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 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 to do if you are sued for student loan?

This is especially true if you've been sued. 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.

What to do when a student loan collector calls?

Tate: The first thing you should do when a debt collector calls about a student loan is demand verification of the debt. Don't pay anything until you get written proof you owe the debt. Proof should come in the form of a promissory note and a document showing the collector has been authorized to collect upon the debt.

Can a lawyer help with student loan debt?

If you need student loan help. 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 does a lawyer do for student loans?

A lawyer can help you resolve delinquencies or defaults or apply for loan discharge.

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.

Does Student Loan Hero include all lenders?

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

Is it bad to be buried in student loans?

Being buried in student loan debt isn’t fun. But there are times when your student loan debt is more than just a burden — it’s a nightmare. If your debt situation has reached a critical level, you may want to consider seeking a student loan lawyer. Working with a student loan attorney can be a serious next step.

Can a lawyer represent you in court?

They can handle credit disputes. A lawyer can represent you in court if needed. As you can see, these situations are more than just “I hate my loan servicer and don’t know what to do about it.”.

Why Finding a Student Loan Attorney is Difficult

If you are having difficulty finding an attorney to take on your student loan case, it doesn’t necessarily mean you have a bad case. It is difficult to find a student loan attorney because there are so few. Even though student loans affect millions in the U.S., few attorneys are knowledgeable on the laws surrounding student loan issues.

Step Number One: Familiarize Yourself with the Relevant Student Loan Law

Don’t worry. You don’t need to be a legal scholar to get through this step. You just need to familiarize yourself with the basics of the relevant laws. The Internet provides a good resource for doing this. There are often websites, such as this one, that provide a broad overview of the concepts you’ll need to be aware of.

Step Number Two: Explain the Relevant Facts of Your Case

One of the most frequent mistakes we see people make when they’re explaining a legal situation is that they skip over important facts and focus on irrelevant details.

Step Number Three: Show That the Law is on Your Side

Legal research can be both expensive and time-consuming. If you can find cases, ideally in your court’s jurisdiction, you can save your attorney some time and convince them that you have a winnable case. This is another place where the research you did before can come in handy.

Step Number Four: Have Realistic Expectations

For many attorneys time is money. You will likely be asking them to step outside of their typical area of practice. Many attorneys prefer to stick to their niche and not stray into other types of cases. When you discuss what you are looking for, be sure to get to the point.

What is an education law attorney?

Education law attorneys typically handle such matters as student rights, student discipline, bullying, harassment and school governance; if your issues involve other types of problems, another type of lawyer may be appropriate.

What is a union attorney?

In addition, union attorneys are frequently used in the course of negotiating a collective bargaining agreement. When the union and the school district are unable to reach agreement through negotiation or arbitration, the agreement occasionally proceeds to the courts, where a union attorney will represent the district's employees.

What does a school district attorney do?

The school district will pay for the legal services directly without going through a law firm. Counsel hired by the district as general counsel usually handle daily legal questions, contractual issues and smaller lawsuits involving simpler laws, such as open records requests or procedural questions for school board meetings. However, these attorneys may also advise on more complex lawsuits, typically with the assistance of a firm or attorney separately hired for a specific lawsuit.

What is a slip and fall lawsuit?

Lawsuits brought by parents and students against a school district could be anything from a slip-and-fall case to a violation by the school district of local, state, or federal statutes. You'll need to hire a lawyer that specializes in the type of legal problem you're experiencing. For example, if your child has been injured on school premises, ...

What happens if a school violates your admissions agreement?

If the school has violated your admissions agreement, you may have a claim for breach of contract and will need a contracts lawyer. The first step may be to speak to an education attorney and find out if she can help, or she can direct you to the appropriate type of attorney for the situation.

Can a district hire a single attorney?

The district may hire a single attorney, or it may hire an entire law firm. A law firm, as opposed to a solo practicing attorney, holds the advantage of having many attorneys to draw on for expertise and having more resources to cover expenses.

How to get help with federal student loans?

For help with FEDERAL Student Loans: Call the Student Loan Relief Helpline at 1-888-906-3065. They will review your case, evaluate your options for switching repayment plans, consolidating your loans, or pursuing forgiveness benefits, then set you up to get rid of the debt as quickly as possible.

When did Tim start Forget Student Loan Debt?

Tim's experience struggling with crushing student loan debt led him to create the website Forget Student Loan Debt in 2011, where he offers advice, tips and tricks for paying off student loans as quickly and affordably as possible.

Can McCarthy Law help with student loans?

NOTE: McCarthy Law can ONLY help with Private student loans.

Can you get sued for student loans?

Yes, they can, and in many cases, they will. I covered this in the section above called Student Loan Lawsuits Against Borrowers, so make sure to review that section if you’re worried about defaulting and getting sued.

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 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 ...

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