private SL default

Have they sued you yet???

They havent sued me yet, but they have refered my loan to a law firm/ collection this a private SL through chase and was sold to national colegite trust whom ive tried contacting but refers me to the collection company who are not willing to deal realisticly the offered a settlement of
35,000 I dont have and a pymnt plan but I would need 5,000 up front which I dont have

I would counter offer something in between what they are offering you. If they are not willing to work with you then there's not really much else you can do. Document everything and if they sue you show up to court with all of your financials.

Unfortunately documenting all of this for court does nothing. When it comes down to a judgment being rendered, all that matters is that the debt is owed. They can still take out a judgment even if payments are being made. The judge has no hand in setting payment plans or settlements. He will encourage a payment plan or settlement but cannot force one.