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Dwayne B.
Dwayne B., Attorney
Category: Legal
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Experience:  Began practicing law in 1992
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I defaulted on a student loan from American Education Services

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I defaulted on a student loan from American Education Services (AES) approx 6 years ago. I currently live in Florida. The loan is now 21K. I just started getting letters from local lawyers saying they reviewed county documents and that I was being sued by AES. I spoke with one lawyer who said they could garnish up to $25 of my income. I take home $1200 bi-weekly. I have yet to receive a summon for a court date, however I am able to locate my civil suit on the county website. It has been approx 1 month since the paperwork was entered against me.

#1 Question: Will there be a court hearing where I can attend? OR can/will a judgement just be made?

I called the lawyers office who is handling the case for AES. I updated my address and phone number with them. I was told AES will only accept somewhere around $450/month and not reduce the price. This is not affordable for me. The woman said they will move forward with the legal process then.

#2 Question: If I get a lawyer, could he negotiate a lower monthly payment with my willingness to pay now?

I am (now) willing to negotiate, although I'm afraid it is too late.

#3 Question: Can I file for Chapter 7 or 13 bankruptcy with this loan?

Simply put, I just need legal advice and direction ...

Dwayne B. :

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

Dwayne B. :

#1 Question: Will there be a court hearing where I can attend? OR can/will a judgement just be made?

Dwayne B. :

You should get served with a copy of the lawsuit and have a chance to file an answer and request a hearing.

Dwayne B. :

#2 Question: If I get a lawyer, could he negotiate a lower monthly payment with my willingness to pay now?

Dwayne B. :

Possibly. Student loan people are not usually very willing to negotiate because they know they have the upper hand.

Dwayne B. :

#3 Question: Can I file for Chapter 7 or 13 bankruptcy with this loan?

Dwayne B. :

If it is a government guaranteed student loan you usually can't clear it by bankruptcy, although you may be able to get your payments renegotiated.

Dwayne B. :

The website is showing you are offline so I will exit so I can assist other customers. Please feel free to ask any follow up questions that you have in this thread. However, please do not issue a rating until our interaction is complete and all of your questions have been answered.

Customer:

Since they want to agree to payments of $450's

Customer:

AES is a quasi-government agency. Since the lawyers are offering monthly payments in the $450's should I accept that because garnishment means more out of my check each month. Or get a lawyer and try to negotiate? I am a graduate student almost done with my Masters, I am trying to better myself and garnishment could mean really bad things for me.

Dwayne B. :

You would probably be better off getting a lawyer and letting them see if they can negotiate a lower payment. It shouldn't cost much and just a few months reduction would make the expense worth it.

Customer:

I agree, is there anyway garnishment can be made without a court date and my knowledge of the court date?

Dwayne B. :

It shouldn't be. What I am curious about is that a lawsuit isn't required to garnish on a government insured loan.

Dwayne B. :

You should have the lawyer look into it to see if it is a real government student loan or not.

Dwayne B. :

If it is not you have more arguing room since it can be cleared by bankruptcy.

Customer:

I want to say it is a private loan, I got it alone (no co-singer)

Dwayne B. :

They look and "feel" almost the same but there is a lot of difference. The fact that they didn't garnish first says, to me, that it probably isn't a government insured student loan and therefore it can be cleared by bankruptcy and they should be more amenable to working with you.

Customer:

However my credit report states that they submitted "a claim filed with gov't for insured portion of the loan"

Dwayne B. :

You can't necessarily believe that. Have the lawyer check. I'm also not sure on whether it is still non-dischargeable if the government is no longer involved.

Dwayne B. :

I think you have some defendable points.

Customer:

Thats a good point. The last question I have is, I spoke with a lawyer via the phone who offered a telephonic free consultation. He stated that he charges $799 for issues like mine, I've NEVER needed a lawyer. Is this a competitive rate?

Dwayne B. :

That's not a bad price at all..

Customer:

okay, I want to be an educated consumer. Mr. Dwayne B. you've been SO helpful! I will rate you excellent. This issue has been so stressful, all of the unkowns! However, I will be getting a lawyer and dealing with this issue.

Dwayne B. :

Great and I'm very glad to be of assistance to you.

Dwayne B. :

Best wishes on this matter and I'll exit now to assist others.

Customer:

Thanks

Dwayne B. :

Please don't forget to leave a Positive Rating so I get credit for my work and if yo get a chance drop back by and let me know how it turns out.

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