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Private Student Loans and lawsuits

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    Private Student Loans and lawsuits

    My Ch 13 was discharged in June 2015 and I just received a call from one of my private students loans asking me to pay back a monthly amount I can't afford. I offered to pay $75 a month she said she thinks it will be denied and most likely they will file a lawsuit against me if I can't pay the $350 a month. I don't understand why this loan didn't start charging me a reasonable monthly payment like my other ones did. Please help!

    #2
    Pay the $75.00 to start with to show that you are willing to pay SOMETHING toward this debt. If you are served with a lawsuit, do NOT ignore it. Appear in court when you are required to. When asked, say that you cannot pay the amount asked, but state what you CAN pay. At that point you will be sent to Mediation, where the details will be worked out. Try to avoid a judgment on your name. If a judgement happens, the student loan can levy against anything that is in your name. Keep Excellent records of anything that you pay. At this point a good paper trail is your best friend.

    Good wishes to you!
    "To go bravely forward is to invite a miracle."

    "Worry is the darkroom where negatives are formed."

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      #3
      I agree with AC, Start making payments in whatever amount you can. Keep in mind that it is the job of the person you are talking with to try to scare you into paying the full payment. By the time your file moves up the chain, your regular payments could result in a decision not to file a lawsuit. It also very well may not, but it's worth a try.
      LadyInTheRed is in the black!
      Filed Chap 13 April 2010. Discharged May 2015.
      $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

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