Being Sued by your Student Loan Lender

by DeLadurantey Law Office, LLC on October 9, 2014

justiceMany student loan borrowers are surprised to learn that the federal government has numerous collection tools that it can use without filing a lawsuit. Therefore, most litigation to collect on defaulted student loans involves private lenders. Of course, both the government and private lenders hire debt collectors to compel borrowers into paying.

If you are served with a collection lawsuit by your student loan lender, it is important to contact us for help. Once you have been served, you have a deadline to file an answer. Failure to answer by the deadline could result in a default judgment being entered against you. Once your lender has a judgment against you, aggressive collection methods will likely commence to collect the debt you owe.

By contacting us, we can immediately start taking steps to protect you. We will review all of the circumstances surrounding your student loan and determine the defenses you have available to you. Some possible defenses include:

  • You made payments that were not properly credited to your account
  • The amount the lender alleges that you owe is incorrect
  • The debt has been discharged in a personal bankruptcy filing
  • You are active military and your special protections under the law are not being honored
  • The signatures on the loan documents are forgeries
  • The statute of limitations for collecting the debt has expired
  • The lender does not have sufficient evidence that it is the owner of the debt

After we determine your available defenses, we will file a response to the lender’s allegations. We will also begin negotiating with your student loan lender and attempt to resolve the dispute as efficiently as possible. In many cases, we can resolve the dispute by creating a manageable repayment plan that works for both you and your lender.

Contact us as soon as you have been served with a lawsuit so we can ensure that you are protected.

Contact the “Milwaukee Bankruptcy Attorneys,” DeLadurantey Law Office, LLC for all your Chapter 7 and Chapter 13 bankruptcy needs. Whether you need debt negotiations or debt relief, or even foreclosure defense, DeLadurantey Law Office will handle bankruptcy matters for the following locations – Milwaukee, South Milwaukee, West Milwaukee, Waukesha City, Waukesha Town, Kenosha, Racine, and all other municipalities in Milwaukee County, Waukesha County, Kenosha County, and Racine County. DeLadurantey Law Office, LLC can be contacted by phone at (414) 377-0518.

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