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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 111575
Experience:  Attorney experienced in commercial litigation.
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Do I have to pay back a school loan (10yrs ago just now

Customer Question

Do I have to pay back a school loan (10yrs ago just now garnishing) that I only went for 3 months, then stoped due to a breach of contract?
Submitted: 5 months ago.
Category: Consumer Protection Law
Expert:  AttyHeather replied 5 months ago.

Hi, I'm Heather, an attorney with 15 years experience and I'll be happy to assist for informational purposes.

The answer depends on your contracts you have with the lender and, if the lender is the school, with the school. You will have to review these documents in detail and see if you have an "out" in the contracts you have with them. The contracts are probably pretty complicated, so you will probably need to have an independent attorney in your state review them if you feel pretty solid in your position. In general, those contracts are pretty tough to get around, as there are alot of students who start school, but then stop after a short period of time. I wish I had a better answer for you, but it doesn't do you any good to give you incorrect or inaccurate information, just because it's what I think you might want to hear. I hope this has been useful information. Please let me know if I have answered your question.

Customer: replied 5 months ago.
Hi
thanks for the quick reply. Unfortunately, there is nothing in the response that I did not already know. The one thing I do know, is the lender is NOT the school. One of the documents I dug up while waiting for a reply was from 2005, and it was from FFLEP. But the question is if the people who contact potential prospects to be students at their school and misrepresent information, in order to get students to sign up - does the student have to repay, if they leave because that information is suspect. In my case - I was informed that the school does not bill til after you graduate, and maintain a certain GPA.
Therefore, when receiving a bill, and enforcing it - the school did a "bait-and-switch" so to speak. Regardless of who owns the loan right? They are telling students they have to pay back a loan - that originally would not have existed since the student stated NO they do not want to signup due to financial issues. NO = NO right? This can be heard through their *cough* recorded conversations *cough* (which I doubt was recorded)
Another issue, is the statute of limitations: Does that apply in this case, as we are talking 11yrs!?!
Currently as it sets, there is nothing in your response that any attorney down town would tell me on the phone. There has to be something more definitive, solid with references, as It is HIGHLY unlikely I am the only one with a situation like this. I did not quit just because I got bored, I quit because the school was deceptive in their billing practices and scouting, and therefore would have caused financial heart ship at the time - and now 11yrs later garnishing my checks.
If this cannot be addressed - then a (hopefully more easily answered) can I tell my work to stop allowing the garnish, as NOW we have people that have nothing to do with the garnish, now aware of my situation (none of their business) - only people that should be involved are the school and myself and any attorneys - not my place of work. These are people I know, and it is humiliating to defend/justify what is happening with my checks!!
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am a DIFFERENT CONTRIBUTOR, but I am afraid that your previous contributor is correct in their response to you. We get clients in our offices all the time HOPING that there "has to be something else we can do," but I am afraid that we are constrained by the laws themselves. So, you saying "there is nothing in your responses that any attorney down town would tell me" that is because as attorneys we are constrained by the law and you are looking for something that the law does not provide for. We are sorry you dislike the law, but I am afraid we cannot tell you something that would not be legally correct and your previous expert did that.
Expert:  Law Educator, Esq. replied 5 months ago.
In order to have any possible chance on getting this loan waived, you need proof not of "deceptive billing" by the school, but you need to prove that the school itself was a fraud and not providing the education they advertised and promised to provide you, which is not what you said above. You said you quit because of their unfair billing practices and that is not grounds to seek waiver of the loan under the student loan laws.

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