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MShore
MShore, Attorney
Category: Legal
Satisfied Customers: 25285
Experience:  Negotiate, Draft, and Review many complex commercial agreements each year.
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How do I file a lawsuit against Sallie Mae I am the parent

Customer Question

How do I file a lawsuit against Sallie Mae? I am the parent of a former student. I took a Parents' Plus loan for which payments were to commence 6 months after the student graduated. SM immediately began demanding payment. They told me that I was mistaken about the terms of the loan and my loan payments were due immediately. I began making payments as billed.

Then I was told they needed validation that my son was still a student. I procured the necessary documents from the university 4 times in succession. (It seems they never received them the previous thee times I sent them.) I then began receiving invoices with my name spelled wrong. Since I had numerous student loans for my son, and since the SM people with whom I had spoken were of less than reasonable intelligence, I assumed that the misspelling was just another error.

I found out that this loan was for an entrely different person and had nothing to do with me. I also got SM to admit that my loan payments were not due until 6 months after my son graduated. SM refused to refund my money for either case. They asked me how much I had paid on the wrong loan and how much I had paid on the correct loan and told me they would credit my account. I resisted the temptation to tell them I had paid the whole sum. I still argued that the money they conned me out of should be refunded. That got me nowhere.

When SM began calling for payments, 6 months after my son's graduation, I asked to speak to a supervisor to get the mess straightened out. I was told they would have one contact me. That never happened. I continued to get phone calls from their dialing machines so when I answered the phone, I was put on hold. Mostly I hung up, kept a record of these calls, and established billing in the amount of $200 per call for the intrusion, harassment, etc. I continued to ask to speak to a supervisor to rectify my account. I was told they would contact me and they never did.

Sometime during this ordeal, I received a late statement that included statements for two other individuals totally unrelated to my case. In my estimation, they have violated the privacy of those two individuals as well as that of the other person whose invoices they sent to me. SM continued to harassed me by phone so much that I began to cringe whenever the phone rang - even if it was a friend or family member. Isn't their treatment of me little over the top?

I wrote a letter to the CEO, Albert Lord, telling him of the incompetence of his staff. I received a call from a lady who was to try to sort things out. By that time, SM owed me almost $100,000 at my standard billing rates, which was far more than the $25,000 I originally borrowed from them. During our negotiations, she threw me a bone here and there, such as negating certain amounts of accrued interest, but she never justified billing me prematurely, billing me for the wrong loan, refusing to give back my money which they wrongfully took, or sending out other people's confidential information.

In my estimation, they have harassed and badgered me unmercifully. If a jury would hear how I was treated - and all because of SM's mishandling of the affair - I feel that I would be able to get a huge judgment against them. I just told her that they would need to pay my charges of roughly $100k. I feel that is a small amount compared to what a jury would award me. They have now turned my account over to a collection agency. What do you suggest?

Regards,

Allen D. Buck
Submitted: 3 years ago.
Category: Legal
Expert:  MShore replied 3 years ago.
Thank you for the post Allen, have you already sent a certified demand letter asserting your claim of damages owed given SM a period within which to respond or face civil suit?
Customer: replied 3 years ago.

On February 16, 2010, I sent statements with my charges broken down into the specific issues that are in contention. On April 30, I invoiced them for late fees. On October 29, I invoiced them again for the total plus late fees and advised that the late fees will soon be capitalized. Each invoice is marked, "Payment Due Upon Receipt."

Expert:  MShore replied 3 years ago.
Thank you, XXXXX XXXXX step is to file a complaint against Sallie Mae your local district court office providing two copies to the clerk, one for the court, and one to be served upon the defendant.
Customer: replied 3 years ago.
Can I do this without engaging an attorney? I realize I probably could, but I may have a fool for a client. In general terms, how much better settlement can I expect with an attorney vs. what I might be able to get without one? Also, will an attorney work for a percentage of the settlement? If I file a complaint myself, which points would I use as the basis for filing? The long form of the story I wrote to you describes the whole situation (and believe me, I was brief) and it was far too lengthy to use in a formal complaint.
Expert:  MShore replied 3 years ago.
Hello, when contemplating suing a large organization, it is always best to retain counsel, especially when the sum in dispute is substantial. In a case like this, your attorney can work on contingency but would take 33.3%-40% of the settlement/judgment.

If you file yourself, the basis would be general negligence and harassment.
MShore, Attorney
Category: Legal
Satisfied Customers: 25285
Experience: Negotiate, Draft, and Review many complex commercial agreements each year.
MShore and 5 other Legal Specialists are ready to help you
Customer: replied 3 years ago.

Thank you for your help. I provided positive feedback to the site yesterday so you definitely got another one in the plus column. In planning my next move with your guidance, it occurred to me that I forgot to ask you for what type of attorney should I look. If I go to the yellow pages, what area of practice would I want? Thank you.

 

Allen D. Buck

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