Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

Cosigned on daughter's school loan that has gone into

Cosigned on daughter's school...

Cosigned on daughter's school loan that has gone into default, want to negotiate a lower amount and pay it off completely using my 401k...been served with a summons from Hancock county courthouse...want to get this resolved immediately.

Lawyer's Assistant: Because education law varies from place to place, can you tell me what state this is in?

Ohio

Lawyer's Assistant: Have you spoken to a local attorney or school administrator? What is your ideal outcome for this situation?

Have only googled info to find out what I can do....want to negotiate a lower amount and pay it off using my 401k

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Amount is supposed to be a little over $50,000.00, but I have not recieved any statement showing what payments have been made by her. A Cleveland lawyer's office sent me a letter via regular mail stating this amount must be paid and I was to contact them within 30 days. I sent them a letter back thanking them for contacting me and asking them for a copy of the original loan papers, statement showing all payments, all interest acrued, all late fees, and balance due and asked them to send it back to me in writing within 30 days. I never heard from them. Then almost 60 days later I recieved a summons (via certified mail) from our local county courthouse with a copy of the origianl loan papers but nothing about any payments made, late fees charged, or interest acrued. This loan originated in 2006. I wanted information from the Cleveland lawyer office and instead got a summons. .

Show More
Show Less
Ask Your Own Legal Question
Answered in 6 minutes by:
1/9/2018
LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 32,310
Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
Verified
Good morning. Yes, as a defendant , you have a right to discovery. You can make a demand and request for production and ask that this information - documentation be turned over. You have a right to contest this and the burden is on the plaintiff to show the money is owed and they have a right to collect. In addition you can certainly try and settle this. You can make an offer to their attorney to pay a lump sum to resolve this and have them dismiss the case. You could start with 25% of what is owed or a percentage that you feel comfortable with and see if they will accept it or if they will make a counter offer.
Ask Your Own Legal Question
Customer reply replied 6 months ago
you are saying it would be safe to contact the lawyer who initiated the summons and offer to pay a lump sum of at least 25% of the balance they are saying is due? This would not mess up anything? What if they become nasty with me on the phone?
Customer reply replied 6 months ago
from what I've googled, it may not be a good idea to talk to them.
You can certainly contact the attorney and try and settle. Make them and offer and see if they accept it or make a counter and you can then decide how to proceed. The amount you offer needs to be what you think is fair and reasonable and what you can afford to pay. Just keep in mind that unless this is settled that the lawsuit will proceed so you will be expected to respond and appear as required and ordered. If you do not want to speak with them and try and settle this over the phone you can ask the judge to send this to mediation when you appear in court and try and work this out face to face.
Ask Your Own Legal Question
Customer reply replied 6 months ago
Ok, how should I present this when I call them....What exactly should I say to them when I call? Never had to deal with anything like this....Also, I just checked my credit report in September and disputed this defaulted loan because I never received a certified letter from anyone, never recieved a statement, etc. My credit report simply says last reported in 2013...defaulted loan. Why did they finally contact me after I disputed it? I was not aware of it going into default.
You can simply share with them that you would like to try and resolve this and see if they would agree to a lump sum payment. You can advise that you are able to pay X and see how they respond. They will need to convey the offer to their client and see if they want to accept. You can share with them any issues or hardships to convince them that this is all you can afford and see if they will take it.
Ask Your Own Legal Question
Customer reply replied 6 months ago
Ok, I will give it a try...thank you for your time....hoping your advice will resolve this issue quickly and completely.
My pleasure and you are welcome. If you have not already I just kindly ask that you rate my help at the top at this time so the site will provide me with the proper credit. Thank you again!
LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 32,310
Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
Verified
LegalKnowledge and 87 other Legal Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask LegalKnowledge Your Own Question
LegalKnowledge
LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 32,310
32,310 Satisfied Customers
Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.

LegalKnowledge is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,657 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,408 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,066 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

300 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
We were served papers from our HOA to foreclose due to
We were served papers from our HOA to foreclose due to unpaid dues. We set the payments up on an e-bil through our bank. I requested records to see if the payments did go through (Jan.2016-April 2018)… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Received a civil summons a while back for credit card debt,
Received a civil summons a while back for credit card debt, a card that was originally owned by GE Capitol, and sold to Portfolio Recovery associates. I answered the Summons, and denied everything, ex… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,421 satisfied customers
IF MY DIVORCE WAS AWARDEC TY O THE WIFE AN UNDER CERTIN MEDICAL
IF MY DIVORCE WAS AWARDEC TY O THE WIFE AN UNDER CERTIN MEDICAL CONDITIONS (BING TREATED FOR CANCER)PLUS LIVING OUT OF THE AREA .NOT STATE, SHE GOT TO KEEP EVERYTHING INCLUDING 50,000.00 OF 401K, IS T… read more
David L
David L
Doctoral Degree
1,604 satisfied customers
Hello, I took out a commercial loan from my bank in 2007 in
Hello, I took out a commercial loan from my bank in 2007 in the amount of 135k. My monthly payment is $10110.80 with P & I at $1581.15 and property tax escrow of 8529.65. In 2011 I missed two payments… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
17,183 satisfied customers
my daughter defaulted on her student loan through sallie mae
my daughter defaulted on her student loan through sallie mae and now we are being sued. i cosigned for the original loan. what options do we have to restructure and what can they do to me as the cosig… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
I am a cosigner of a loan. The person I co-signed the loan
I am a cosigner of a loan. The person I co-signed the loan for has defaulted and the loam company is coming after me. At first one of the loan officers thought he could get me 80% of the loan as a buy… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
Hi , I tokout an equity loan around 2004 and had a hardship(domestic
Hi , I tokout an equity loan around 2004 and had a hardship(domestic partner lost job),I sent a letter to the company to no avail and they decidedto get a collection agency against me. I was paying a … read more
Ely
Ely
Counselor at Law
Juris Doctor
24,657 satisfied customers
I bought a car 4 years ago. The loan I took was for 4 years
I bought a car 4 years ago. The loan I took was for 4 years at 5+%, I would take a lie detector test on that. The loan was through Chase bank. I lost my contract and when I called Chase for my taxes. … read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
I received a summons to reply an answer to a district court(Claremore,
I received a summons to reply an answer to a district court(Claremore, OK) and to the plantiff. The plantiff is a credit card company in which I am indebted for charges of about $1,300.00 and interest… read more
BizAttorney
BizAttorney
Attorney
Doctoral Degree
1,658 satisfied customers
I have a student private loan through American Education Services,
I have a student private loan through American Education Services, they filed the loan as default, when I was still in college, and they have said they have tried reaching me, but I never received the… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
I cosigned for a car loan for my daughter in law about 2 years
I cosigned for a car loan for my daughter in law about 2 years ago. Sense then her and my son have gotten divorced.She was told several times to refinance the loan and get it out of my name. She didn'… read more
Juliana
Juliana
Attorney at law
Doctoral Degree
18 satisfied customers
I co-signed a car loan for my son.He was always late with payments.
I co-signed a car loan for my son.He was always late with payments. He gave the car back to GMAC because of an accident and was told he had no balance. They are now coming at me..to pay the balance du… read more
Jack R.
Jack R.
Partner
Juris Doctor
6,136 satisfied customers
I have a home loan with a SunTrust bank that I have been paying
I have a home loan with a SunTrust bank that I have been paying on time for well over 2 years. Since March of 09 there has been a discrepancy with what amount was due via their on-line system vs the p… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers
Here is a scenario, please respond. The foreclosure auction
Here is a scenario, please respond. The foreclosure auction is complete, the first mortgagee asserts no further claim. The second mortgage holder is trying to pursue their interest by sending the loan… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
22,408 satisfied customers
I received a complaint and summons from the sherriffs office
I received a complaint and summons from the sherriffs office in essex county, Massachusetts for an unsecured credit card amounting to 50,000. I was given 20 days to file a response. I physically walke… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
22,408 satisfied customers
I sole a vehicle to someone, and once the contract was written,
I sole a vehicle to someone, and once the contract was written, they failed to make any payment's. I had a judgement against her as well as a Motion for Order in Supplemental Proceeding's. She was $ 8… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
How to Answer a Civil Action Summons in Cleveland, OH
I have received a summons in a civil action (in Cleveland, Ohio). I need to "file an answer" to this summons. When I called the Cleveland Municipal Court to ask how to file an answer, they said there … read more
4ren6
4ren6
Retired
2,906 satisfied customers
How do I answer a petition from a debt collector (Law ...
How do I answer a petition from a debt collector (Law Firm) in the state of oklahoma. I have never heard of the company who claims I owe them money.… read more
LEV
LEV
Retired
Bachelor's Degree
14,896 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x