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My wife attended a cosmetology school back when she was 17. The "school" office made the arrangements for her to get a student loan in the amount of approximately $2200.00. First off, my wife was only 17 at the time that she signed the agreement (underage to enter a legal contract). Second, the check was delivered to the "school" and she was asked to sign the check and received $300.00 from the student loan. The rest was applied to tuitions. Third, the husband and wife that owned and ran the "school" were arrested for some form of fraud and sent to federal prison shortly thereafter.

My wife never was able to complete their program, which doesnt appear to have been accredited anyway. She is now 32 years old and we have a collections agency calling us saying that we owe the government over $11,000.00 for her defaulted student loans. We have been filing an injured spouse claim for taxes the last few years but I am tired of trying to avoid this issue. Isnt there some legal recourse we have under the circumstances? I dont want to waste money consulting a lawyer if this is a losing battle. I know that fighting the federal government is an uphill battle regardless, but this was done under false pretense. Can I send them a DV letter just as I would to any other creditor? Any help you folks can offer would be much appreciated.


For the purposes of student loans, there is no such thing as being a minor since they obtain an educational benefit.

Defense of Infancy
Student loans cannot be avoided on the basis of a borrower's age. Section 484A(b) of the Higher Education Act of 1965, 20 U.S.C. ?? 1091a(b), bars this claim for Federally-reinsured loans, and State law typically does so as well.

Loans always go to the school. This is standard practice.

Why was your wife unable to complete the program? Did she quit? Did the school close? Need more information.

She may or may not have any recourse.

Sub: #1 posted on Wed, 01/06/2010 - 13:57

Moderators Cum Industry Expert
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The school was closed down due to the owners/operators federal indictment. I believe they were charged with fraud. This happened long before my wife and I were married.

Sub: #2 posted on Thu, 01/07/2010 - 10:21

James Robshaw James Robshaw

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In order to qualify under the closed school rules, she had to be in attendance at the time the school closed. What is the name of the school? I will see what I can find out about them.

Sub: #3 posted on Thu, 01/07/2010 - 11:11

Moderators Cum Industry Expert
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i am not sure about this...
[COLOR="Red"][Link removed per Terms of Service] ~OG[/COLOR]

Sub: #4 posted on Mon, 09/10/2012 - 09:53

ceo.kohere ceo.kohere

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