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Fighting Back

Submitted by on Tue, 06/28/2011 - 10:33
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I cosigned for one of my students because he was in ROTC and was training to go over seas to fight. He fell out with the military and dropped school leaving me with his loan. A tort attorney that I work-out with suggested I immediatley contact Sallie Mae and let them know I would let the loan default then pay it off. I did this in order to prove that the person for whom I co-signed had no intention of paying the amount due thus giving me a little more leverage when I sue him. I paid the amount due in full (today) and am suing. Credit is not an issue for me as I pay almost everything in cash and I was willing to take the default on my credit to make sure that this young man will suffer the consequences as he ages. I know through friends that his credit card rates have jumped and now that the deafult will be on his credit he will be unable to even get a decent phone plan. I am aware that this sounds pettty but I am taking what little joy I can by knowing that this young man will be paying some consequences. My tort friend said even if I get a judgement I will most likley not get the money back but I must admit that I will enjoy having at least a small amount of leverage against him and TN has on occasion allowed private individuals to garnish wages. For now I am keeping my fingers crossed on getting back my money... but not counting on it. Any further advice?


It is good that you have paid off the account in full. As a co-signer, you were legally liable for the debt also. But I don't think there is any point in nurturing such vindictive attitude. I know, what he has done is wrong. Any way, best of luck!! I hope you win the case and get your money back


Submitted by on Tue, 06/28/2011 - 21:42

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I do have a signature from him stating that he would agree to pay me if he defaulted... does this help?


Submitted by on Wed, 06/29/2011 - 08:57

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So I am learning that not everything on here is correct... though generally so. Most of the responses state that Sallie Mae will not work with you to reduce balances but they agreed to dismiss all late fees and interest payments from the moment I explained to them what I planned to do. So... I actually paid $1,449.53 less than what the final payment was supposed to be. I have no idea why they did this... all I did was ask. However, I was in constant communication with them from the moment that I was informed that the account was delinquent. I did send in a written request for them to stop the phone calls and opened communication directly with their legal department. The two people helping me have been firm yet amiable. I have also learned that while only a small percentage of people gain judgements, it is better than the "no chance in hell response" I was given above. There is nothing to make this young man pay even a judgement but I am patient and by paying attention to the SOL plan to arrive at his doorstep at a time when it would be most advantageous. I often tell my students that while many things are improbable that does not mean they are impossible (this is extremely important for engineering students to understand... there is almost always a way... you might just need to change your perspective). What I do know is that for over 20 years I have helped many students when times were tough (paying light bills or buying groceries) and until this student did this I have never regretted helping. Two of my students were married and named their daughter after me (though I am male so figure that one out). Now, I help no one. By the way, I have just, since yesterday, found 2 people in my state that have won a judgement this way without a separate agreement and several more that have won because they had a signed agreement with the borrower. That does not mean I will win... but it does mean that I have more than a "Chance in Hell."


Submitted by on Thu, 06/30/2011 - 07:07

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Sallie Mae did not dismiss all interest... just the interest that accrued while I was waiting for the loan to default. As I explained in my first communciation my limitesd legal counsel suggested I wait for the loan to default in order to verify that the primary borrower had no intention of paying the debt. So I did pay some interest on the balance... just a lot less than was on the pay off statement. Also... the quote should have been "hope in hell" not "chance in hell".


Submitted by on Thu, 06/30/2011 - 07:12

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