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Questions for LynnMN

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Anonymous
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Questions for LynnMN

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?

Message 1 of 15
14 REPLIES 14
Anonymous
Not applicable

Re: Questions for LynnMN

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

Message 2 of 15
Anonymous
Not applicable

Re: Questions for LynnMN


@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




If he defaulted on the loans in the 90s and they've not garnished his wages yet, I'll bet it's likely that they're private loans, not Federal.

Also, what makes me think they're private is the fact that he doesn't seem to have been given the option of rehabbing and the fact that they seem to just be floating back and forth between CAs, rather than having at some point been claimed by the DoE.

(Pappy ... ARE they private or Federal???? -- it matters A LOT)

If they're private, he may be out of luck on ICR plans as most (if not all) private lenders do NOT offer them. Smiley Mad

Hopefully, that will be something addressed in the near future with Congress. Private SLs need a bit more protection regulations for the borrower. Especially since, from what I've been reading on the board, most people are having such a hard time with paying the things back. 'Specially with the "credit crisis" as it is now. Smiley Sad

I could NOT imagine being in SL default AND having a mortgage. o_O
Message 3 of 15
Anonymous
Not applicable

Re: Questions for LynnMN

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.

Message 4 of 15
Anonymous
Not applicable

Re: Questions for LynnMN

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.  

Message 5 of 15
LynnInMN
Frequent Contributor

Re: Questions for LynnMN

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. 

 

 

 

 

Message Edited by LynnInMN on 10-10-2008 11:17 AM
Ex-Financial Aid Officer

Ex-Student Loan Collector
Message 6 of 15
Anonymous
Not applicable

Re: Questions for LynnMN


@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.)  Smiley Sad

 

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.

Message 7 of 15
Anonymous
Not applicable

Re: Questions for LynnMN


@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?

Message 8 of 15
dyanisme
Member

Re: Questions for LynnMN

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.

Message 9 of 15
Anonymous
Not applicable

Re: Questions for LynnMN

I just wrote you a note a few seconds ago and then all of a sudden it vanished so I am trying again.  My son will be graduating in May 2009 and his private loan and stafford loans will start repayment according to Sallie Mae in Novemer 2009.  He is going to do an internship which should give him another 6 months which would bring him into May of 2010.  I already have parent plus loans for him that I am paying off now.  What I am worried about is that I don't know how he will afford the stafford loans and the private loan at the same time.  The stafford loans do not seem to be a problem as far as I am concerned the problem is the private loan which is for 40,000.  We would like to help him but first I have to get the parent plus loans paid off.  With the economy in the shape it is in I am praying he even gets a job let alone a decent paying job.  My husband and I should be able to save some money for it so that could help him out.  What I am wondering is there any type of help he will be able to get as I don't want to see him behind on that loan.  I am wondering if the payments would be large or small.  Any informtion would be greatly appreciated.  Thank you. 
Message 10 of 15
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