Legal Question in Credit and Debt Law in Maryland

I'm being sued for a large amount of private student loan debt and can't afford an attorney. I'm not disputing the debt and would like to set up an installment plan to pay it off. I have shared my financial info with the attorney and have let them know I want to get payment underway, but my budget only allows for a small monthly payment for now as I pay down other debt. They sent me a consent judgment showing the total amount owed but no information about payment plan. I've asked to have payment information added, but they will not. My biggest concern is that my wages will be garnished. If I sign, can they then go after my wages even if I'm paying the amount I offered and they seemed to agree but didn't write it into the consent judgment? I want to sign and get payments going but I'm worried that their next step after getting a signed judgment will be to go after my wages. I've appealed to them many times but have gotten nowhere.


Asked on 7/15/11, 1:17 pm

2 Answers from Attorneys

Phillip M. Cook Cook Legal Services, LLC

Your fears are justified. A "consent judgment" simply means that if you do not pay the amount owed (typically by a certain date, or if they offer you payment plan -- which sounds like is not the case here -- on the installment dates). If you fail to live up to the creditor's plan, they will simply act on the consent judgment. In Maryland, this includes not only garnishing your wages, but also suspension of your Maryland driver's license, which of course could make it very difficult to get to work.

My advice would be NOT to sign the consent judgment until you consult an attorney. You claim you can't afford it, but you might be surprised -- many attorneys are willing to waive any fees for the first consultation and thereafter are willing to put you on a payment or installment plan, accept a flat fee (instead of billing your hourly, etc.). Attorneys are hurting in this economy too, and you might be surprised at how many are willing to help for little to nothing. At the very least, you need an attorney to read the consent judgment, advise you of your options (if any), and perhaps negotiate a better consent judgment for you. If the creditor knows that they face a costly court battle to recover the documents (because you have retained a lawyer), you might be surprised how quickly their attitude, and willingness to negotiate the terms of the consent judgment change.

Best of luck.*****The above is for informational purposes only and does not create an attorney-client privilege.******

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Answered on 7/15/11, 5:57 pm
Daniel Press Chung & Press, P.C.

You need to consult with an experienced bankruptcy attorney. These private student loans are terrible debt to have because they are not dischargeable in bankruptcy but not subject to the protections available under DoE regulations for government loans. If you cannot afford to pay them (or to suffer a wage garnishment), your best solution may be to file a Chapter 13 bankruptcy case and make smaller payments into a plan. While the loans will still be there when you complete your plan, this will at least allow you to retain sufficient income to live on. Feel free to contact us if you wish to consider this option.

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Answered on 7/16/11, 7:20 am


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