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Posted: Thu Jan 25, 2007 11:55 am Subject: Student Loans in collection

I live in MO and have student loans which I have consolidated. I had been on a deferment because I was on State aid, but now that I am married the loan is in repayment. They want like $300 a month which I can't afford. I am a stay at home mom with no income currently. Can they sue my husband for this debt? The hardship forms they sent for me to fill out ask for his info which I/we do not want to give. Also they are trying to charge me $5,000 in collection fees. Is that ok or can I dispute that fee?

I know these are a lot of questions but I do not want to proceed the wrong way. They are also threatening to take my husband and my income tax return.

Please anything will help!

Posted: Thu Jan 25, 2007 1:17 pm Subject:

If you are already paying your student loan to the original company, there is no need to change to this collection agency. Inform the original creditor about this collection agency.

Posted: Thu Jan 25, 2007 1:36 pm Subject:

Did you take out the student loans before or after you were married?--whoops I see you already said that. I don't know for sure, but it seems like if you had taken them out before the marriage they couldn't take money from your husband. But, they might look at it as your income being "community property" and if its his, its yours.

Posted: Thu Jan 25, 2007 1:40 pm Subject:

I am not making any payments right now because when I talked to the collection agent, he said not to bother making a payment that would be so low. I know that that is bad advice from him, but in order to get on a budgetable payment plan they want the hardship for filled out but my husband will NOT put his info on it. When I called the company and the ext of the collector I had been dealing with, I had to leave a message and the collector was not the origional person. He has not called back but I want to know if I have to give my husband's info and is he now responsible for my debt since we are newly married?

thanks

Posted: Thu Jan 25, 2007 1:49 pm Subject:

The debt occurred before your marriage. Your husband cannot be held responsible for paying it. But they will definitely call him in case you miss the payments. I guess this is the reason they are asking your husband to fill in his info. Call the original lender and see if you are able to work out any arrangements. Have you thought about forbearance? You can pay the loan later whenever your financial condition allows you while you are in forbearance.

Posted: Thu Jan 25, 2007 1:55 pm Subject:

I will ask, but since I am in default right now, I am not sure what I can do!

Posted: Thu Feb 01, 2007 10:57 pm Subject:

Student loan borrowers in default now have more options than ever before to repay their student loans. The U.S. Department of Education's (Department) Default Resolution Group is committed to assisting individuals in default by making debt repayment a simple process.

1. Federal Family Education Loans (FFEL)
2. Direct Loans
3. Federal Perkins Loans
4. Federal Pell Grants

Posted: Thu Feb 08, 2007 3:36 pm Subject:

You are in default and regardless of when you married, it does indirectly affect your husband. While in default, you are ineligible for FHA/VA mortgages. You are also now cut off of FEMA benefits. (This also affects your husband and children). Defaulting is serious business that can and will affect the entire family.

They are not "trying" to charge you $5k in collection fees...it would have already been applied to your account. In your original prom note, you agreed to "all collection fees applicable by law". Currently they can charge you up to 25% in fees.

The CA is doing its job by trying to determine what type of program to put you into. They more than likely are attempting to rehab or consolidate your loan which will benefit you in the long run.

I would recommend that you find a part time job or something to start taking care of this beast. It will never go away and will only get bigger and bigger.

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