Student Loan Law

Washington Debt Law has experience dealing with both federal and private student loans.  We use a variety of techniques from government programs to bankruptcy hardship discharge to litigation.  We offer a free initial phone consultation to see which options would help the most.  Call us today to see how we can help.

Student Loan Law

Student loans are difficult to deal with as they are often non-dischargeable in bankruptcy, non-payment can lead to the loss of professional licenses or drivers licenses, and federal loans are not subject to the statute of limitations and can result in garnishment of social security and disability.  We approach the resolution of student loan debt from many different directions:

 

Free Initial Phone Consultation

We offer a free 15 minute initial phone consultation.  We prefer that you complete our student loan intake sheet (links below) prior to scheduling.  This allows us to time efficiently review your case during the free consultation and determine how best we can help you.  You can either download the PDF version, print, complete and return or cut and paste the form into an email and return.

We can also do the call without any intake form, however, it will be less time efficient and we may or may not be able to analyze your situation in the time allotted for the free consult.

Student Loan Intake Form- PDF Format

Student Loan Intake Form- For Cut and Paste into Email

Paid Consultation, Analysis, and Strategy Session

Our free consultation is designed to triage and identify solutions.  Our paid consultation is designed to be a deep dive with full analysis of your situation to include a review of documents, a check of any programs that might assist you, any litigation options, and verification of the proper fees, interest, and principal accumulation of the loan.  This review is usually one hour long with documents reviewed in advance and my be in person or via phone.  Our fee for this in depth review is $500.00.  We generally recommend that you take advantage of our free consultation first but if you know you have a complex situation and need many questions to be answered, you are welcome to start here.  Call 206-535-2559 to schedule.

 

Resources to Assist You

It can sometimes be hard to know what you owe.  For federal loans, it is easy.  Go to the NSLDS link.  For private loans, usually you have to pull your credit report.  Whatever was not on the link below is likely a private loan.

If you are considering a hardship discharge, see if your school is accredited and find out what loans you owe.  You will also need to apply for IBR or other program.

Forgiveness 

Attorney assistance is best for when you have exhausted your free options such as loan consolidation, income based repayment, etc.  We encourage everyone who may consider seeking an attorney’s assistance to first review your non judicial options.  Unfortunately, these programs only apply to federal loans.  Private loans are generally not covered.  Here are some helpful links:

http://studentaid.ed.gov/repay-loans

https://studentloans.gov/myDirectLoan/index.action

Bankruptcy Hardship Discharge

It is possible to discharge some or all of your student loan debt through the bankruptcy process.  The Bankruptcy Courts follow the Brunner Test, which considers the following factors in deciding whether or not to discharge student loans:

  • If you cannot maintain a minimal standard of living for yourself and your family
  • If your current financial situation is likely to continue for the foreseeable future
  • If you have tried to repay your student loans in good faith

If these factors apply, you can file an adversary proceeding in your bankruptcy case (chapter 7 or chapter 13) to seek discharge of your student loans.

Collection Defense for Student Loans

While discharging your student loans can be effective, sometimes it is not possible.  In that case, you can attempt to defend the collection attempts directly against the collection agencies.

Collection agencies are required to follow the law when attempting to collect and often times have fatal mistakes in their pleadings, their facts, and in their service of process.  Further, if a collection agency pads the bill with false fees, unauthorized interest, or attorney fees that are not realistic, then they could be liable for damages.  We regularly deal with collection agencies and can defend any action against you.

 

Student Loan Servicers that we can help you deal with:

Account Control Technology, Action Financial Services, Alltran Education, American Student Assistance Corp., Bass & Associates, Central Research, Inc., Coast Professional, Inc., Collection Technology, Inc., Collecto, Inc. dba Collection Company of America, Con Serve, Credit Adjustments, Debt Management and Collections System, Delta Management Associates, Inc., ECSI Federal Perkins Servicer, Educational Credit Management CORP, Enterprise Recovery Systems, Inc. (recently bought by Alltran), FH Cann & Associates, Financial Asset Management Systems, Inc., Florida Dept. of Education OSFA, FMS Investment Corp., GC Services, General Revenue Services (USA Funds), Immediate Credit Recovery, Inc., Michigan Guaranty Agency, National Recoveries, National Credit Services, New York Higher Education Loan Program (NYHELP), Performant Financial Corp., Pennsylvania Higher Education Assistance Agency, Pioneer Credit Recovery, Inc., Premiere Credit of North America, LLC, Progressive Financial, Reliant Capital Solutions, The CBE Group, Inc., U.S. Department of Treasury Debt Management Services, Van Ru Credit Corp., West Asset Management, Inc., Windham Professionals, Inc.

 

Call Us Today for a Free Phone Consultation

We can help you deal with your student loan debts.  Give us a call today for a free phone consultation with an attorney skilled in resolving student loan debt.