I (thought) I paid off my student loans, when I declaired bankrupsy in 2000. I kept getting statements from the trustee staying USA Funds were being paid. For 5 years I heard not a word from them. Then 1 year after finishings bankrupsy I get a call from this Pioneer Credit Recovery telling me I owe $21,000 in student loans. I only borrowed $17,125. USA Funds did not participate at all. I contacted the bankrupsy attorney, he was absolutely no help. He said this had never happened in his practice before, and the he would look into it. Well....SEVERAL weeks later, all I get from him is very bad copies of the loan papers I signed in college. I already had that. Now PCR is garnishing my wages 15% of EVERY paycheck I get (30% of my income a month), takin my tax refund and STIMULUS REBATE. I am so freaking mad a broke that I don't know what to do. can anyone help? Is there anyting I can do?
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Student Loan Issue
- Thread Starter SuperQ314
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presutin
Moderator
Go to the Sallie Mae's website to see how bankruptcy applies to student loans. Here is the link for you to follow:
http://www.salliemae.com/after_grad...r_responsibility/managing_debt/bankruptcy.htm.
Call PCR to negotiate a smaller deduction on your paycheck. Good Luck!
http://www.salliemae.com/after_grad...r_responsibility/managing_debt/bankruptcy.htm.
Call PCR to negotiate a smaller deduction on your paycheck. Good Luck!
We filed chapter 13, and paid off over $50000 in debt. $17125 of which were my student loans. Sallie Mae has me in default. I have paid the principle and over $10000 extra. they never participated the Capter 13, and waited 6 years to contact me. Now they are taking 30% of my monthly income and say I still owe $15066 (if Sallie Mae approves that amount). My bankrupsy attorney suggested Chapter 13 again....yeah right!!
presutin
Moderator
If you were permanently unable to work at the time of your filing and continue to be (which is not the case) and obviously didn't die (those are the only two main reasons a loan is retired by Sallie Mae) you never qualified for your loans' forgiveness... however, if you did (for some exceptional reason beyond the ones listed above), I would go back to the first lawyer and ask him to investigate (if you really qualified for forgiveness) and to obtain proof that your student loans were paid off or forgiven. If he cannot come back with proof of payment, then you have been taken and you should investigate what happened...
For now, ask PRC to change the amount they are garnishing from your wages. Good Luck!
For now, ask PRC to change the amount they are garnishing from your wages. Good Luck!
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Student Loan Woes
Something very similar happened to me. Although it wasn't bankruptcy, I missed 2 payments, received a letter saying my loan had been satisfied - my boyfriend led me to believe he had paid it (right!) - was in process of moving to another state - shortly after relocating became hospitalized with life threatening illness and was in and out of hospital for 6 months - in one of those hospital stays, as I am on my way to surgery, I get a phone call from my employers legal dept saying I am about to be garnished if I don't come up with an astronomical amount of money to pay a lender in New Jersey that I have never heard of for my student loans that I have defaulted on!! Due to the move, haven't received any mail about the "sale" of my loans and the previous lender was returning my payments to my old address which hadn't caught up with my new address yet. My $75 payments are now $515 and I am still being garnished 4 years later because that is only $250 a month, and yes, they get my stimulus check, my bonus, my tax refund, etc. I have tried to fight it, they are unreasonable and they are going to get 450% more than the original loan. It sucks, but you can't fight city hall. The government can do whatever they want.
Something very similar happened to me. Although it wasn't bankruptcy, I missed 2 payments, received a letter saying my loan had been satisfied - my boyfriend led me to believe he had paid it (right!) - was in process of moving to another state - shortly after relocating became hospitalized with life threatening illness and was in and out of hospital for 6 months - in one of those hospital stays, as I am on my way to surgery, I get a phone call from my employers legal dept saying I am about to be garnished if I don't come up with an astronomical amount of money to pay a lender in New Jersey that I have never heard of for my student loans that I have defaulted on!! Due to the move, haven't received any mail about the "sale" of my loans and the previous lender was returning my payments to my old address which hadn't caught up with my new address yet. My $75 payments are now $515 and I am still being garnished 4 years later because that is only $250 a month, and yes, they get my stimulus check, my bonus, my tax refund, etc. I have tried to fight it, they are unreasonable and they are going to get 450% more than the original loan. It sucks, but you can't fight city hall. The government can do whatever they want.
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