schoolloansonback
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Sub: #1 Student loans and moving to canada
Replied on 01-08-2011, 08:51 PM
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I am buried in student loans. I was not able to complete medical school due to family crisis and do not make enough to make loan payments. I owe approx $100k and the school loan sharks are trying to hang me (yes im garnished , taxes taken etc) but they still call me all day demanding more while racking up fees (the debt will never go away unless i win the lottery). I have three kids and am thinking of going to my wifes home country of canada. Can the debt follow me there? Does any one really know?




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Sub: #2
Replied on 01-09-2011, 02:44 AM
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Obviously you have some federal loans due to to tax offsets....is it all federal? Why didnt you consolidate your federal under the ICR a long time ago?

Yes they can get you in Canada. There are agreements between the US and Canada that do allow them take a US judgment and garnish you across the border.

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Sub: #3
Replied on 01-09-2011, 08:21 PM
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I wasnt able to consolidate due to periods of unemployment at the time. Now I cannot afford to refinance as each of collectors has unpayable fees etc just to get out of default. There are 4 collection companies for these federal loans and each demands monthy fees I cannot afford just to get out of default. I've tried to negotiate - but they simply wont have it (since they dont have to). I tried to refinance but I was told it's impossible unless you get out of default first. It's a vicious cycle.

If I could get into the IBR I'd do it in a heartbeat (and could afford those payments)..but getting out of default is impossible because each company demands more monthly than my garnishment (so it would be garnishment X4). Ideas?




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Sub: #4
Replied on 01-10-2011, 01:46 AM
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Are these loans federal or private? You have to have some federal due to the tax offset. Maybe list out your loans, CA's and holder/guarantor.

Some of your information just isnt logical. You say you could not consolidate due to periods of unemployment...federal loans do NOT require employment. Federal loans do not require monthly fees to consolidate. And since you say you are with 4 CA's, not all can be garnishing you ....most states have a max garnishment of 25% which means at most only 2 federals can be garnishing....

Look up your loans on NSLDS.org if necessary.

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Sub: #5
Replied on 05-10-2011, 11:23 AM
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They can not garnish you in Canada as it is a different company. If the laws have changed somehow and they can then i would suggest doing as i do and working for yourself. When you are self employed they can not garnish anything as they don't have access to garnish it. Have no bank account ( they are not needed anyway) and put nothing in your name of any value. that way you report for taxes what you want (very minimal income) and let them fight over the small return you may have. I have done fine with this for a very very long time. it works trust me.




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Sub: #6
Replied on 05-10-2011, 02:04 PM
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Sorry but they CAN garnish you in Canada...a US/Canadian agreement allows this. They sue in the US and them domesticate it to canada...

So you like living under a rock? Not everyone can be self employed and some people dont want to live their lives paying with walmart prepaid debit cards.

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studentloanhelper
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Sub: #7
Replied on 05-11-2011, 05:17 PM
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If you can establish Canadian citizenship, you can declare bankruptcy in Canada. After doing so, no Canadian court will allow US student loan sharks to tap your bank accounts or garnish your wages when in Canada. All student loans are dischargeable in Canada after 7 years since one's graduation date. This will protect all your future income and assets in Canada from foreign creditors. Good luck!




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Sub: #8
Replied on 05-11-2011, 06:46 PM
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Canadian laws say "Canada Student Loans" can be discharged....that would not include US based ones. You would really need to consult an attorney

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studentloanhelper
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Sub: #9
Replied on 05-14-2011, 07:00 AM
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It is true that the US based student loans won't be dismissed. If you ever choose to return to the States you will still owe the money of course. However, with a Canadian bankruptcy, no Canadian court will grant a student loan collector permission to garnish your wages in Canada, lien your property or wipe out your Canadian bank accounts. Of course, one should consult with a Canadian bankruptcy attorney first.




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Sub: #10
Replied on 05-14-2011, 11:07 AM
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Maybe you should google "enforcing US judgements in Canada."

Quote:
November 3, 2005
The trade relationship between the U.S. and Canada is unparalleled world wide. With more than 1.8 billion dollars in trade crossing the world’s longest undefended border on a daily basis there is no bilateral economic relationship between any two nations in the world which rivals the relationship between our countries. Over the last fifteen years Canadian courts have given increased recognition and application to the legal principle of comity. The Supreme Court of Canada, in particular, has made several historic rulings in cases involving the enforcement of judgments across jurisdictional boundaries. This important jurisprudence from the highest court in Canada, has rendered Canada an "open frontier" for the enforcement of judgments and arbitral awards cross-border. In the process, the court has revolutionized its approach to jurisdictional issues and has narrowly construed the defences available in enforcement actions.


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StudentLoanHelper
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Sub: #11
Replied on 05-16-2011, 02:52 PM
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Maybe you should read your link AGAIN. A foreign judgement needs to be domesticated before any assets can be seized. That is a given. But what I am talking about is that if you have a declaration of bankruptcy on record with the Canadian courts your Canadian assets cannot be seized-

http://www.bankruptcy-canada.ca/stud...loan-debt.html

"Further, there are no international treaties on debt or debt collection. That means if you file for bankruptcy in Canada you will be protected from your US creditors in Canada, but the debts will survive in the US."

Form the words of a licensed trustee in bankruptcy in Canada.

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Sub: #12
Replied on 05-16-2011, 05:55 PM
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I personally know of several ex- US citizens that are now Canadian residents that have been living there with massive student loan debts and none of them have heard one singe word from the U.S. student loan sharks since they left. Don't listen to the B.S. that certain individuals try to scare you with and make you believe that the ONLY option is to pay up and be a student loan slave for the rest of your life here in the fine United States of America. There are options and it is a very viable option for student loan debtors and one that I am seriously considering pursuing myself very soon.

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Sub: #13
Replied on 06-03-2011, 06:48 PM
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as i know, once you have a deal with loans or debts, any kind of it, you can't run from it. even if you move to the furthest country from where you live now, they will catch you up. it may takes time, but believe me they will.
so here, I'd rather suggest you to make some money or find a job. if you think Canada has better potential than where you at now, you can try to find a job there. just don't even think once you can run from your debts. hope this helps. good luck.

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Sub: #14 studentloanhelper
Replied on 06-05-2011, 10:06 AM
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let me guess- the shill who posted directly above works for a debt collection agency.




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Sub: #15
Replied on 06-05-2011, 01:07 PM
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Well I doubt he is a student loan collector....

Up and moving to canada is not just as simple as crossing the border. It is a difficult to immigrate to canada as it is to the US. Unless you have a special job set or skill, you wont qualify.

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Sub: #16 Suing in Canada For a US debt is costly
Replied on 09-03-2011, 11:41 PM
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It is possible for them to sue you but it is not probable. A US colection agency can always contact you anywhere in the Universe. However garnishing your wages or selling your assets if far from being an easy task. It is time consuming and costly. Then if they get a judgemnt in the US and register and domisticate it in Canada you could go bunkrupt and they get a hollow victory. It's a shame on a nation to see their citizens leave their loved ones to shiled themselves from greedy collection agencies .



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