Legal Question in Credit and Debt Law in Pennsylvania

I filed for bankruptcy two years ago and had a student loan that defaulted and went to collections then to an attorney. They put the student loan under my mothers name and I contacted the company and have set up payment arrangements. I paid them $100 for the past 7 months. They cashed all of my checks. Today my mother was served lawsuit papers in regards to this loan. They had never contacted either of us to increase payments. Are they allowed to do this?


Asked on 6/16/11, 4:19 pm

1 Answer from Attorneys

I am not sure what bankruptcy has to do with student loans other than that student loans are generally not dischargeable if they are federal (not private).

Assuming that the student loan was not dischargeable, you have no choice but to pay or else they can garnish your wages. When you set up the payment plan, did you get anything in writing? Sometimes they will allow you to pay a lesser sum for 6 months and then re-evaluate you to see if the payments can be increased. However, something is typically in writing.

I am not sure why your mother was sued unless she signed something when you originally took out the loan as a co-borrower or co-signer or unless she later signed something.

Both she and you need to see an attorney immediately. Pennsylvania only gives 20 days to responnd to a complaint after you receive it. The attorney can review the paperwork. If your mother truly is not responsible, this can be dismissed. if she signed the application or co-signed, then she is going to be responsible as well as you. You are going to have to get the attorney to work something out on your behalf that is affordable for you.

Did you have anything in writin

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Answered on 6/16/11, 5:25 pm


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