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Sorry this is gonna be long...
My uncle defaulted on his student loans way back in the mid-90's he did not graduate, I know that has no bearing on repayment, it is just an FYI. He makes 12 bucks an hour working at a Wal Mart in the midwest. His loans have been sold several times over, and each time they destroy his credit scores, and double in price. He originally owed $15,000. He now owes over $66,000 He can't even get a secured credit card. He has no bank account, and he lives in an apartment I wouldn't wish on anyone.
Since I have cleaned up my credit and started doing better he asked me for help (not financially, just to look at his reports). So, I looked at his credit reports. Every one of his loans is on each report several times, each with a different CA, and the first two reportings (the original loan and the first CA) are well past 7.5 years. Can they still report after this long?
I would like to help him (once again not financially) but rather to get a grip on his life, but the CA wants $700 a month for 10 years, my uncle earns barely $1300 after taxes. They mentioned a thirty year plan but said he does not qualify. They said if he does not enter into a payment arraingment they will garnish his wages. From what I have read and seen on civil law sites, the most they can garnish is 10 percent per paycheck. He offered them $250 a month and they refused. I told him to take the garnishment since 10 percent is a heck of a lot better than $700.
I know that it is rare to have loans discharged in a BK, but what can some people do that have no hope?
LynnMN, as an expert on student loans what would you suggest? What do people who honestly cannot afford it do? Do they keep running from job to job like my uncle has?
Seriously, though what do people who have no hope do?
Have you tried an ICRP. Income contingent repayment plan. He would need to be approved, but he would send in documentation of all bills and assets to prove he can not afford the payment amount they are asking for.
Just an option. Good luck
@Anonymous wrote:Have you tried an ICRP. Income contingent repayment plan. He would need to be approved, but he would send in documentation of all bills and assets to prove he can not afford the payment amount they are asking for.
Just an option. Good luck
I already suggested that, but they rejected him. While he is poor, he has never made an "attempt" to pay in good "faith". What a crock.
I think that instead of giving 700 billion to bailout these billionaire Wall Street a -holes, Congress needs to forgive Student Loans for the people who are dirt poor. Then these poor people would have extra income to spend, and help revitalize the economy. Just a thought. Not everyone who went to college has a good job.
We all know life is not fair, but the way the government treats the poor is sickening. Give millions to pay off Wall Street salaries, but put the screws to poor hard working citizens with your student loan goons.
Too late anyway, he lost his job due to the Wage Garnishment... although Wal Mart did not list that as the official reason.
His loans are all Stafford loans, with the exception of one Perkins loan. I have no idea what that means. No idea whether that is Federal or private, or what...
He tried the rehab back in 2002 when he was mooching off me. (Living on my couch in my apartment, unemployed.) For the rehab they wanted his bank account info so they could withdraw the money every two weeks... he was stupid enough to give them the account, they froze his bank account, and cleaned it out. Prior to that he had a garnishment in 1999, 2001, and again in 2003... he won't ever open another bank account. I don't blame him.
He runs, they find him, he offers to pay what he can afford, the CA says not enough, they garnish, he quits or gets fired, runs again... a vicious circle.
His loans are all Stafford loans, with the exception of one Perkins loan. I have no idea what that means. No idea whether that is Federal or private, or what...
Stafford and Perkins loans are both federal.
He is handing you a line. No student loan CA or guarantor froze his bank account and I really doubt they cleaned it out. For starters, to freeze a bank account, you have to have a judgement. Student loans as a general rule dont sue for balances under $100K without assets to seize. Plus, you cannot enter a rehab as if you have a judgement account. Sounds like he owed someone else funds and they cleaned him out.
Does he realize this is not going to go away? He can run but he cannot hide. They will garnish his social security once he becomes eligible.
He borrowed $15K. By his own admission he has run from it and allowed it to escalate. Bottom line at this point....he needs to consolidate thru the Direct Loan program. He will automatically be assigned to the Income Contingent Repayment Plan which will make his payment as a % of his income.
@LynnInMN wrote:His loans are all Stafford loans, with the exception of one Perkins loan. I have no idea what that means. No idea whether that is Federal or private, or what...
Stafford and Perkins loans are both federal.
Good to know, I honestly had no idea.
He is handing you a line. No student loan CA or guarantor froze his bank account and I really doubt they cleaned it out. For starters, to freeze a bank account, you have to have a judgement. Student loans as a general rule dont sue for balances under $100K without assets to seize. Plus, you cannot enter a rehab as if you have a judgement account. Sounds like he owed someone else funds and they cleaned him out.
Pioneer Credit is the company that withdrew all the money. They were only supposed to take 100 every two weeks, and when they got his info they withdrew $500. (Which caused him to be overdrawn) That is a fact, he lived on my couch when it happened.
Does he realize this is not going to go away? He can run but he cannot hide. They will garnish his social security once he becomes eligible.
Yes he does realize it. I don't think he is planning to live long enough to see Social Security. (No not in a suicidal way either, it is that our family seems to all work up until we die.)
He borrowed $15K. By his own admission he has run from it and allowed it to escalate. Bottom line at this point....he needs to consolidate thru the Direct Loan program. He will automatically be assigned to the Income Contingent Repayment Plan which will make his payment as a % of his income.
He already burned them on a rehab in 2002. He is currently (as of this morning) unemployed. I downloaded the forms for him, so how does it work?
Does he send the DOE a check, like it says on top of this form? Will they accept $50 or $100 when their CA wants $600 a month?
Message Edited by LynnInMN on 10-10-2008 11:17 AM
By the way to the "person" who sent me the private e-mail accusing me of being the "uncle" I would not use a fictitious family member to air my problems, as you can see froim my posts, I am no saint, but I do ask on my own behalf all the time.
@LynnInMN wrote:...
Bottom line at this point....he needs to consolidate thru the Direct Loan program. He will automatically be assigned to the Income Contingent Repayment Plan which will make his payment as a % of his income.
How does consolidation with the Direct Loan program work?
I have a related question. I'm helping my brother with the rehab process, but I'm concerned about what the payment amount will be once the loans are rehab'ed. I know that during the rehab period, the government will take payments based on my bother's ability to pay. But can we find out what will happen once he's successfully made the required payments? I've heard that the payments after rehab are often higher, and I'm worried that my brother is setting himself up for failure if the payments go too high later on.
If the payments after rehab would be too high, do you think the government would do a long term payment plan without rehab as the goal? The bottom line is that he wants to make good on this debt, but it has to be realistic for the long term.