Legal Question in Credit and Debt Law in Washington

Student Loan In Collections/Need Help

I took out a private student loan, cosigned by my father. I took a few months off from school, and filled out forbearance papers from the loan company.

My big mistake was not requesting confirmation of the receipt of the forbearance. Three months later a collection agency is calling asking for 90 days past due fees and even more. I can't pay it...neither can my father. I've told them I will be returning to school, and I could maybe repay just the 90 days. But, they want over double the amount. I'm told if I pay what they want, then my account would be elegible for forbearance once more. The more time goes by with this unresolved, the more $ the collection company tacks on. What are my options? I really want to pay them back. But, I can't afford to until after school. They want all or nothing. I have a daughter and we are living paycheck to paycheck. I am hoping my degree will pay off. I don't know what to do.


Asked on 12/26/07, 5:49 pm

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: Student Loan In Collections/Need Help

Start by taking a deep cleansing breath (seriously). They cannot take away what matters most - your daughter, your family, your education.

They can make you completely miserable if you let them. So, don't let them.

Student loan collectors are subject to all the same laws - the Federal Fair Debt Collection Practices Act - and state law as well - as any other collector.

You don't have a contractual relationship with the collector, just with the original creditor. The collector's right to tack on interest and charges is not automatic. These people can be highly aggressive. In order to learn more about their tactics, go look at budhibbs.com and pennlawyer.com, either will give you a new perspective on the debt collection industry and a new sense of how to deal with these jackals.

Bottom line is you are worth more in school and subsequently working, so the sooner you get back to school the better. Take a look at the community colleges and see if there is a more economical option open to you than more private school.

Also, WRITE to the loan company and request a copy of the forbearance agreement that you are relying on. MAIL a copy to the collection agency.

Phone calls are useless and needlessly upsetting. So, don't engage. As them for their name and mailing address. Then send the collector a copy with a letter telling them to back off. Send a copy to Washington's attorney general. Who knows, your complaint could be the tipping point that makes the state revoke their license.

Also, there is an attorney named Richard Grandvold in Federal Way who does bankruptcy work including student loans. I know they say it cannot be done, but that isn't true. It CAN be done.

The collectors can make you miserable, but they want something from you. They are trying to make you feel guilty and small because you cannot comply with their demands. Be strong. They can only upset you if you let them.

Hope this helps. Elizabeth Powell

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Answered on 12/26/07, 10:09 pm


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