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Lawsuits 'n student loan garbage

bowenbowen How you doin'?Registered User regular
edited January 2011 in Help / Advice Forum
So, I posit a question to you fine folks here in PA.

Let's say that I've exhausted all my options in dealing with a dirty lender (private school loan). Let's also say that the lender does not have a local branch here. Is it legal for them to sue me in, let's say, California and have me travel to California or do they have to sue me in my state because they made it possible to lend where I'm from?

Meaning, would they try to get the case dismissed because I wasn't able to travel to where I was summoned to court? Is this even a thing? Or are they pretty much restricted to my local area?

not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
bowen on

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    oldsakoldsak Registered User regular
    edited January 2011
    Your loan agreement could very well have a clause whereby you agree to submit to the laws of California.

    oldsak on
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    bowenbowen How you doin'? Registered User regular
    edited January 2011
    I'll peruse over it to look. Luckily they're only in PA, so it's not too big of a drive for me. Though I want to make them work for it if at all possible since they pretty much told me to go suck a dick.

    bowen on
    not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
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    DeebaserDeebaser on my way to work in a suit and a tie Ahhhh...come on fucking guyRegistered User regular
    edited January 2011
    Don't default on your student loans. That judgement will stay with you for a while and you'll still probably have to pay it eventually.

    Deebaser on
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    ImprovoloneImprovolone Registered User regular
    edited January 2011
    What would they even sue you for? Don't they just sell it to a collections agency?

    Improvolone on
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    DruhimDruhim Registered User, ClubPA regular
    edited January 2011
    What would they even sue you for? Don't they just sell it to a collections agency?

    For a few hundred dollars? Sure. For tens or even hundreds of thousands? Hell no.

    Druhim on
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    bowenbowen How you doin'? Registered User regular
    edited January 2011
    Deebaser wrote: »
    Don't default on your student loans. That judgement will stay with you for a while and you'll still probably have to pay it eventually.

    That is not my call, I just cannot afford them anymore. I'm hoping I'll have more luck with the judge especially since I've tried to work with them but everytime I call it's basically, and I'm paraphrasing, "lawl sucks to be you fuckface, go suck a dick."

    bowen on
    not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
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    CrashtardCrashtard Registered User regular
    edited January 2011
    bowen wrote: »
    Deebaser wrote: »
    Don't default on your student loans. That judgement will stay with you for a while and you'll still probably have to pay it eventually.

    That is not my call, I just cannot afford them anymore. I'm hoping I'll have more luck with the judge especially since I've tried to work with them but everytime I call it's basically, and I'm paraphrasing, "lawl sucks to be you fuckface, go suck a dick."

    I hate to say it, but this has been my experience as well. Luckily I've been able to afford my payments, but there was a time I had to choose what bills to pay or not pay, and my student loan company was very unwilling to work with me at all. They told me that they weren't going to lower my payments at all, and that if I didn't make my payments I would go into default and they would sue me for the full amount. I know they want to get their money, but they really need to be a little more reasonable considering the state of the economy right now. Suing people isn't going to get their money any quicker. Good luck.

    Crashtard on
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    bowenbowen How you doin'? Registered User regular
    edited January 2011
    It's also hilarious because if they dock my pay, they'd be getting basically what I'm offering to give them. Though explaining this to an ombudsman is like trying to tell a cat that pooping on the floor in front of a litter box is not an acceptable form of using the litter box.

    bowen on
    not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
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    LaPuzzaLaPuzza Registered User regular
    edited January 2011
    I've got some bad news for you if you do get sued. "They didn't want to change the deal I agreed to originally" is not a valid legal defense to paying what you owe. Neither is "I can't meet the terms I agreed to meet, so please change the terms of the debt." You are NOT going to have any luck in court getting the judge to restructure your debt.

    LaPuzza on
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    bowenbowen How you doin'? Registered User regular
    edited January 2011
    No but I'm banking on the fact that the maximum amount my pay can be garnished is 25% of my disposable income. Which is what I meant by that. DoE can garnish 10% according to my research, but this is not a federal loan repayment issue.

    bowen on
    not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
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    DeebaserDeebaser on my way to work in a suit and a tie Ahhhh...come on fucking guyRegistered User regular
    edited January 2011
    bowen wrote: »
    Meaning, would they try to get the case dismissed because I wasn't able to travel to where I was summoned to court? Is this even a thing? Or are they pretty much restricted to my local area?


    If you do not show up, the Plantiff will receive a default judgment. The judgment will be used to obtain an Income Execution Order which is used to garnish your wages.

    Also, note that it may be possible (IANAL) that the judgment can carry a higher interest rate than your loan and may include some legal fees. (IANAL)

    If I were you I would make sure this doesn't go to court. Consolidate, Forbearance, anything. Call them like they owe you money.

    Deebaser on
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    bowenbowen How you doin'? Registered User regular
    edited January 2011
    Can't consolidate because the loan amount isn't high enough (by like $1000) and/or because my school has the highest rate of defaults (wonder why). Forbearance has been used up. Not eligible for deferment.

    I have literally tried everything imaginable to get them to work with me. Everytime I call about the above? Their response is, I am not shitting you, "I'm sorry, there's nothing we can do for you. Pay us $X."

    I will not skip out on going to court though, if it comes to that. Today is the very last day I have available so let's see what I can do. I've already called once and got hung up on on my break.

    bowen on
    not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
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    bowenbowen How you doin'? Registered User regular
    edited January 2011
    I just want to say if anyone has any advice on what to do with this I'm open to it because I am just so frustrated and upset about the whole ordeal. Anything I can to fix it.

    bowen on
    not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
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    jedikuonjijedikuonji Registered User regular
    edited January 2011
    bowen wrote: »
    No but I'm banking on the fact that the maximum amount my pay can be garnished is 25% of my disposable income. Which is what I meant by that. DoE can garnish 10% according to my research, but this is not a federal loan repayment issue.

    I defaulted on my student loans.

    They took it to court and now they get 15% out of my pay check.

    I find this arrangement entirely satisfactory as they are getting more than I probably would have been paying anyway by a bit and I still have enough money to live on. Another couple years and the whole thing will be done and I'll feel like I'm getting a pretty great raise. An interesting side effect is that on weeks where I get extra hours or overtime, they get more money which shortens the length of repayment.

    While I can't recommend defaulting as a great strategy, it's not the end of the world. One consideration to keep in mind is that you will likely get stuck with some more fees and whatnot due to the default.

    It sucks that they aren't willing to work with you at all. I assume you've tried talking to more than one person and/or a supervisor with the lender? Is there any other place you might get a loan with better terms to pay off your current loan?

    jedikuonji on
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    bowenbowen How you doin'? Registered User regular
    edited January 2011
    Every bank I've talked to has referred me to sallie mae as their go-to for student loans. I've tried everything as far as I know. I've asked to talk with a supervisor, I've asked them to call me back, I've waited on the phone for 4 hours one day after I took a day off of work. Most of the time they won't pass me up the chain or I get "transferred" and hung up on.

    bowen on
    not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
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    JasconiusJasconius sword criminal mad onlineRegistered User regular
    edited January 2011
    The loan contract should have a clause that says the state or states where the contract can be litigated.

    Jasconius on
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    LaPuzzaLaPuzza Registered User regular
    edited January 2011
    You MIGHT have some luck calling the law firm that is handling the suit and asking them for a point of contact for settlement.

    Otherwise, there's no obligation to modify your debt or payment. If the debt amount is right, there's really nothing you can do about that. Your assets (paycheck, bank accounts, car, house, whatever you own) will now be subject to being used to pay back that debt. It may be a bad business decision for them to sue you instead of work with you, but that's their right, and that's where you're going to end up at this point.

    LaPuzza on
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    bowenbowen How you doin'? Registered User regular
    edited January 2011
    It's not written off yet and I'm not being sued, just trying to see what I'm going to have to do in the near future. I guess if they want to take my car they can, and take my $100 bank account away.

    bowen on
    not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
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    SliderSlider Registered User regular
    edited January 2011
    LaPuzza wrote: »
    I've got some bad news for you if you do get sued. "They didn't want to change the deal I agreed to originally" is not a valid legal defense to paying what you owe. Neither is "I can't meet the terms I agreed to meet, so please change the terms of the debt." You are NOT going to have any luck in court getting the judge to restructure your debt.

    Really? Because I'm fairly certain this is similar to how that housing/economic crash thing started, which forced the government to make changes in the financial industry.

    Slider on
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    bowenbowen How you doin'? Registered User regular
    edited January 2011
    He's partly right, it's not a good defense. I'm not really trying to defend my actions insomuch as having a neutral third party settle the debt.

    bowen on
    not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
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    DeebaserDeebaser on my way to work in a suit and a tie Ahhhh...come on fucking guyRegistered User regular
    edited January 2011
    What's are the differences between the payment, what you can afford, and 10% gross of your wages?

    Deebaser on
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    bowenbowen How you doin'? Registered User regular
    edited January 2011
    About $350 a month, from quick math.

    bowen on
    not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
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    jclastjclast Registered User regular
    edited January 2011
    It can't hurt to prove that you've been trying to work with them. It sounds like most of your conversations have been on the phone. I'd send a letter to them expressing that you don't want to end up going to court, but you aren't able to make the prescribed payments and propose something that you can afford.

    They probably won't bite, but if you go to court it will at least show that you're not some petulant kid yelling "it's not like they can suck the knowledge back out of me!" but are instead willing to make an effort while the school has refused to work with you.

    jclast on
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    adytumadytum The Inevitable Rise And FallRegistered User regular
    edited January 2011
    Slider wrote: »
    LaPuzza wrote: »
    I've got some bad news for you if you do get sued. "They didn't want to change the deal I agreed to originally" is not a valid legal defense to paying what you owe. Neither is "I can't meet the terms I agreed to meet, so please change the terms of the debt." You are NOT going to have any luck in court getting the judge to restructure your debt.

    Really? Because I'm fairly certain this is similar to how that housing/economic crash thing started, which forced the government to make changes in the financial industry.

    It didn't, and the government barely made any real changes to financial regulation- particularly not of the speculative kind that had the worst effects.

    adytum on
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    jclastjclast Registered User regular
    edited January 2011
    bowen wrote: »
    About $350 a month, from quick math.

    That's the current payment, what you can afford, 10% of your monthly wages, or the difference between 2 of those 3 things?

    jclast on
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    bowenbowen How you doin'? Registered User regular
    edited January 2011
    jclast wrote: »
    bowen wrote: »
    About $350 a month, from quick math.

    That's the current payment, what you can afford, 10% of your monthly wages, or the difference between 2 of those 3 things?

    The difference, sorry, I missed the middle part.

    I can probably afford $200 a month, maybe $250 if I cut things down a bit. That amount is the difference between 10% of my annual salary (divided monthly) with the amount they're asking a month.

    bowen on
    not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
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    amateurhouramateurhour One day I'll be professionalhour The woods somewhere in TennesseeRegistered User regular
    edited January 2011
    I'm just weighing in because I heard Sallie Mae mentioned earlier and I wasn't sure if you were saying that's who this was with, or that you were talking to them for some kind of balance transferal and I wanted to get some clarification.

    The reason is because I went with Sallie Mae and they were no different. Extremely low rates in the beginning, and they were polite, and then I started having money problems and used up my forbearance and before I knew it they were coming at me wanting like $200 a month instead of $75.

    I'm only saying this because if you were thinking of going to Sallie Mae it's no different, they're all the same. They'll give any one a loan with the assumption that six months after a person gets out of school they'll have a job that can afford whatever payment they might want. It's a shitty system that a lot of people have been trapped by.

    amateurhour on
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    bowenbowen How you doin'? Registered User regular
    edited January 2011
    I'm using them now.

    And I wish my payments were $200.

    bowen on
    not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
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    amateurhouramateurhour One day I'll be professionalhour The woods somewhere in TennesseeRegistered User regular
    edited January 2011
    bowen wrote: »
    I'm using them now.

    And I wish my payments were $200.

    PM sent

    amateurhour on
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