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CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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The Dept of education after about 10 years has come after me

Customer Question

The Dept of education after about 10 years has come after me for student loan disbursements they say were made but cannot prove it. We have proved by our records that ewe do not owe the money since those disbursements were never made. They insist that because they have a promissory note that says they did we have to pay, even though the disbursements don't show up at the school for the timeframes in questions. When I signed up for these parent loans the promissory note was signed first and the disbursements came later. In this case we got disbursements for the time frame they indicated and these were paid back just like all the loans we got for my daughter. We have a letter that indicates that all disbursements were paid and that we have a 0 balance. they screwed up their accounting. Questions What do we do now? this balance is up to 48k+ now and we are on a fixed income. As a matter of fact we overpaid them 10k in our repayment. We have all the documents and have submitted all this information to them but they never answer any of our investigative questions and insist that the only thing they need is the promissory note.
Submitted: 4 years ago.
Category: Legal
Expert:  CalAttorney2 replied 4 years ago.

William B. Esq. :

Dear Customer, thank you for choosing Just Answer. I am sorry to learn about this problem. While I wish that I had a simple resolution to this matter, the way in which these types of disputes are resolved with government agencies is through the administrative process. This requires you to file a petition regarding your payment with the Department, that will be reviewed (usually at an initial screening), if that is rejected, you can appeal that decision to a second level of review, and then to a higher level (and possibly an actual hearing). Only after you have completed the department's internal administrative process can you file a complaint with the Courts for "declaratory relief" to ask a judge to state that the debt was paid in full.

I do not have the precise procedures for the department of education as each agency and department is slightly different, however, the individuals you have been corresponding with should give you that information. If they do not, here is a link to a contact site for the department, at the bottom is a link for "Defaulted Student Loans" that department will have the appropriate information (and perhaps someone who can help.

I hope the above is helpful, and I hope this matter is resolved quickly. If you have any questions please ask. Best regards, Bill.

Customer :

I cant find a lawyer that will touch it which is why it hasn't been resolved. I need expert advice from someone who knows how to or has dealt with federal incompetent agencies.

Customer :

my understanding is that you would not bill me if I was not satisfied. Well I am not and you processed a payment to my card anyway. Please return the payment

William B. Esq. :

Dear Customer, I am sorry you are not satisfied with my service. Working with federal agencies and federal administrative law is not a common practice area, sometimes it is difficult to find a local attorney who will take on such a case. You can look in Martindale Hubble or on AVVO to find such an attorney. I do hope that you are able to resolve this matter, and I would encourage you to request the administrative information either from the individuals contacting you, or through the link I provided. You can pursue this matter without an attorney but you must pay careful attention to the procedural guidelines (mostly the dates) to pursue this action.

Just Answer has a satisfaction policy, I will forward this question to our Customer Service for processing.

I wish you the best of luck with this. Best regards, Bill