what type of attorney handles student loans yx

by Ms. Alessandra Schuster 5 min read

“A student loan lawyer is a lawyer with advanced knowledge of student loans — not [someone] who says, ‘You can’t do anything about student loans,’” said Joshua Cohen, who runs a student loan legal practice of his own, along with his site TheStudentLoanLawyer.com. A student loan lawyer can help you navigate the complicated world of student loans and shed light on some tricky situations.

Full Answer

What is a student loan lawyer?

Jul 19, 2020 · At ARM Lawyers, our student loan attorneys are in a unique position in that we have the extensive knowledge necessary to handle student loan cases and, if necessary, bankruptcy cases. Our student loan attorney handles student loan bankruptcy /adversarial proceedings in Pennsylvania, Maryland, New Jersey, and New York and has offices in each of these states.

How do I find a lawyer for student loans or bankruptcy?

A student loan lawyer is a general term to describe the types of problems an attorney handles. It does not, however, always mean the same thing. Until the late 19th century, most people didn’t go to law school – they apprenticed in a process called “reading law”. It wasn’t until 1906 that the Association of American Law Schools adopted a requirement that law school consist of a three …

Do I need a lawyer to apply for student loan forgiveness?

Under our student loan debt settlement program, a licensed attorney contacts your student loan lenders and begins a negotiation process to significantly reduce the interest AND principal the lender claims is owed.

Are student loan advisors equipped to deal with student loan problems?

Jul 25, 2020 · Many people seeking public service loan forgiveness struggle to meet all of the requirements of each part of the program. At ARM Lawyers, our student loan forgiveness lawyers have work with many people to ensure that their student loans, employer and payments all meet the necessary requirements and put them on the right track toward forgiveness.

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Can I sue for my student loans?

Lawsuits are not very common in federal student loan collection, but they can happen! It is less common for the government to sue to collect on student loans because it has so many tools to use outside of court. Still, it is an additional collection power and the government does use it sometimes.

How do I stop a student loan garnishment in Texas?

There are ways to stop wage garnishment beforehand. Your federal student loan servicer will send you a letter at least 30 days before the garnishment begins. At this time, you may stop the garnishment by proving it was in error or by making an alternate payment arrangement.Mar 29, 2021

Who is handling my student loans?

To find out who your loan servicer is, visit your account dashboard and scroll down to the “My Loan Servicers” section, or. call the Federal Student Aid Information Center (FSAIC) at 1-800-433-3243.

How do I settle a delinquent student loan?

How to settle your student loansKnow your options. Your private student loan settlement options depend on your lender. ... Let the lender make the initial offer. Even though you should have an idea of your options, let your lender make the first offer. ... Request a paid-in-full statement.Nov 19, 2021

Can a student loan garnishment be stopped?

You can stop a student loan garnishment that has already started by negotiating a settlement, filing bankruptcy, or entering into the loan rehabilitation program for federal student loans.Feb 18, 2022

Why are my student loans still being garnished?

Your loan holder can order your employer to withhold up to 15 percent of your disposable pay to collect your defaulted debt without taking you to court. This withholding (“garnishment”) continues until your defaulted loan is paid in full or the default status is resolved.

Where did my student loan get transferred to?

This week, the Department of Education quietly announced that some borrowers whose accounts are with FedLoan Servicing will have their student loans transferred to MOHELA, another contracted loan servicer for the Department, in the coming weeks.Oct 1, 2021

How do I find all the student loans in my name?

StudentAid.gov is the U.S. Department of Education's comprehensive database for all federal student aid information. This is one-stop-shopping for all of your federal student loan information. At StudentAid.gov, you can find: Your student loan amounts and balances.

Who is a loan holder?

A loan holder is the entity that manages your student loan. The loan holder of a Direct Loan is the U.S. Department of Education (ED). The loan holder of a FFEL Program loan may be a lender, secondary market, guaranty agency, or ED.

Can student loans in collections be forgiven?

Deferment. Forbearance. Income-driven repayment plans. Loan forgiveness programs like Public Service Loan Forgiveness (student loans in collections cannot be forgiven until the loan has been returned to good standing)Mar 8, 2022

Can you settle a defaulted student loan?

You can settle on your student loan debt through a lump sum payment or student loan repayment plan. According to EducationData.org, student loan defaults affect about 9 million individuals and their families.Apr 12, 2022

Can you negotiate with Nelnet?

Nelnet does not negotiate student loan settlements for the loans it services. Nelnet doesn't have the power to accept settlement offers. It's not the loan holder. It's merely the loan servicer.Mar 18, 2022

How can a student loan attorney help me?

Student loan attorneys can provide you with legal advice, represent your interests during negotiations or lawsuits, resolve delinquencies, protect...

Am I able to discharge a federal student loan without having to file bankruptcy?

In most situations, neither federal student loans nor private student loans are eligible to be discharged in bankruptcy. However, in some cases, yo...

What is the difference between federal student loans and private student loans?

While federal student loans are offered by the government, private student loans are offered by private-sector lenders. Interest rates for private...

What are the costs of hiring a student loan lawyer?

Our services are offered on a flat fee basis calculated as a percentage of the debt. Typically, we can settle our clients’ debt for 55-60 cents on...

What are the two main types of student loans?

There are two main categories of student loans: federal and private. Federal student loans, such as Stafford Loans are backed by the federal government and are highly regulated. We do not work with federal student loans. On the contrary, private student loans may be issued by well known banks, like Citigroup or Chase Bank.

Can you file for bankruptcy with a student loan?

In most situations, neither federal student loans nor private student loans are eligible to be discharged in bankruptcy. However, in some cases, you can have a federal student loan discharged if you experienced serious problems with your school, worked in public service, or have a severe disability.

What is the best loan forgiveness program?

The main loan forgiveness program that gets the most notoriety is public service loan forgiveness. Public service loan forgiveness is not defined as a program you enroll in; rather, it is a redemption plan in which you redeem the forgiveness once you have reached the required 120 qualifying payment months. There is no limit on how much student loan debt can be forgiven. Public Service Loan Forgiveness has three requirements to make the payments “qualifying”: 1 The right kind of employer 2 The right kind of loan 3 Actively paying

How long does it take for a student loan to be forgiven?

Depending upon the type of federal student loan repayment plan you are in, your loans may be forgiven after 20 or 25 years of qualifying payments. If you are unsure of whether your loan qualifies for income-driven repayment forgiveness or are unsure of the type of income-driven repayment plan you’re in, our student loan forgiveness lawyer can ...

How many years do you have to teach to get a teacher loan forgiveness?

The requirement for teacher loan forgiveness is teaching for 5 consecutive years in a qualifying school district. Generally, most rural and urban school districts and some suburban school districts will be qualifying school districts. However, a good rule of thumb is to ask the principal of any school if the school district will qualify.

Is student loan forgiveness taxable?

Unfortunately, unlike the public service forgiveness, income-driven repayment forgiveness is potentially taxable. We say potentially because there are exceptions to the rule. If this is a concern for you, our student loan forgiveness lawyer along with our tax lawyers can advise you on ways to address this.

Is loan forgiveness good?

Loan forgiveness is a great option for those individuals who can meet the requirements. Unfortunately, many people make mistakes in meeting the requirements and there is no going back and changing who you worked for or the hours you worked. Therefore, it is essential that you start out in compliance.

Can student loans be forgiven?

There is no limit on how much student loan debt can be forgiven. Public Service Loan Forgiveness has three requirements to make the payments “qualifying”: The right kind of employer. The right kind of loan. Actively paying.

Why Finding a Student Loan Attorney is Difficult

If you are having difficulty finding an attorney to take on your student loan case, it doesn’t necessarily mean you have a bad case. It is difficult to find a student loan attorney because there are so few. Even though student loans affect millions in the U.S., few attorneys are knowledgeable on the laws surrounding student loan issues.

Step Number One: Familiarize Yourself with the Relevant Student Loan Law

Don’t worry. You don’t need to be a legal scholar to get through this step. You just need to familiarize yourself with the basics of the relevant laws. The Internet provides a good resource for doing this. There are often websites, such as this one, that provide a broad overview of the concepts you’ll need to be aware of.

Step Number Two: Explain the Relevant Facts of Your Case

One of the most frequent mistakes we see people make when they’re explaining a legal situation is that they skip over important facts and focus on irrelevant details.

Step Number Three: Show That the Law is on Your Side

Legal research can be both expensive and time-consuming. If you can find cases, ideally in your court’s jurisdiction, you can save your attorney some time and convince them that you have a winnable case. This is another place where the research you did before can come in handy.

Step Number Four: Have Realistic Expectations

For many attorneys time is money. You will likely be asking them to step outside of their typical area of practice. Many attorneys prefer to stick to their niche and not stray into other types of cases. When you discuss what you are looking for, be sure to get to the point.

How to get help with student loan debt?

According to Adam Minsky, a lawyer will typically help with the following when it comes to student loan debt:​ 1 Advice and counsel regarding your legal rights and options for your student loans. 2 Direct representation and advocacy in communications with student loan lenders, servicers, debt collection agencies, credit bureaus, dispute bodies, and other relevant entities. 3 Negotiations with student loan lenders, servicers, and debt collection agencies to obtain a desired resolution. 4 Assistance in the preparation, completion, and review of student loan-related documentation such as program applications, letters and correspondence, and contractual agreements (such as student loan rehabilitation or settlement agreements). 5 Representation in court to defend you against a student loan collections lawsuit or to pursue companies that have harmed you.

What is Avvo for lawyers?

Avvo also provides a record of client reviews and peer endorsements, which can be helpful in selecting an attorney. Once you find an attorney you might want to work with, cross-reference the attorney with your state bar association to see if that attorney has any record of public discipline.

What is a NACA?

NACA is a bar association for attorneys who only represent consumers and borrowers, and you can search for local attorneys who have listed “student loans” as an area of practice. Contact your state bar association for a referral (many state bar associations have referral services).

Who is Robert Farrington?

Robert Farrington. Robert Farrington is America’s Millennial Money Expert® and America’s Student Loan Debt Expert™, and the founder of The College Investor, a personal finance site dedicated to helping millennials escape student loan debt to start investing and building wealth for the future.

Is student loan debt hard?

Dealing with a difficult student loan situation can be tough. It's not only financially draining, but it can be extremely hard emotionally. If you find yourself wanting professional help for your student loan debt, make sure you consider whether a lawyer is the right choice.

Do I need a lawyer for student loans?

The fact is, most issues with your student loan debt doesn't require the services of a lawyer. For many things, such as changing your repayment plan or applying for student loan forgiveness programs, you can fill out the paperwork or online form yourself. However, there are scenarios where it can be very beneficial to pay a lawyer ...

What to do if student loan defaults?

A lawyer may be able to help if you are in default, but before it comes to that, consider how to take back control of your student loan payments. If you’re struggling with your student loan debt, first speak with your servicer or lender to: Discuss repayment options, such as an income-driven repayment plan.

Who is Anna Helhoski?

About the author: Anna Helhoski is a writer and NerdWallet's authority on student loans. Her work has appeared in The Associated Press, The New York Times, The Washington Post and USA Today. Read more.

What is the Ombudsman Group?

For example, the U.S. Department of Education has an Ombudsman Group that can look into disputes between borrowers and servicers. Borrowers can also file a complaint with the federal Consumer Financial Protection Bureau, which oversees many aspects of student loan servicing.

What is it called when you can't pay your student loan?

Federal student loans and some private ones allow a postponement of payment under certain circumstances. This is called deferment. Various circumstances qualify such as being in school or the military.

What to do if you are being sued for student loans?

If you are being sued or are in collections, in most cases you will want to speak with a student loan lawyer. Often an attorney can help you see solutions you might miss before the window of opportunity for action narrows. Even if you decide to proceed on your own, it is a good idea to consult with an attorney.

How many people default on student loans?

Over 3,000 people default on their federal student loans each day in the United States. Fortunately, you have many options to help you get your payments under control, and most of these you can do yourself. However, there are occasions when it pays to hire a student loan lawyer. A student loan lawyer is an attorney who is experienced in dealing ...

How long do student loans take to default?

Your student loans are in default when you have not made payments for 270 days (about nine months). This is the point that signals to a lender that you do not intent to pay back a loan. Therefore, they will refer your case to a collection agency to take action against you. If you act quickly, you may be able to work things out with your loan servicer yourself. Even then, consulting with a student loan lawyer is not a bad idea even if you handle the bulk of the work yourself.

What is a TLFP?

The Teacher Loan Forgiveness Program (TLFP) is for those who teach in low-income schools or educational service agencies. To apply for student loan forgiveness for a teaching position, complete a Teacher Loan Forgiveness Application and submit it to your loan servicer.

What is Chapter 13 bankruptcy?

Chapter 13 bankruptcy: Chapter 13 is a reorganization where you still repay debts but do so under a plan that prioritizes debts and may enable you to pay less every month while the plan is in place. If you have student loans, you will still owe the unpaid amount after the end of the Chapter 13 plan.

Can you file for bankruptcy if you have student loans?

Some debts, such as credit card debts, are automatically discharged in a Chapter 7 bankruptcy. However, student loan debt is not automatically discharged. You must prove to the court that being forced to pay your student loans would cause you “undue hardship”.

Who can help with student loans?

Student loan lawyers can help you with the nuances of private student loans, too. “A lawyer should always be consulted when dealing with private loans, as those are subject to state law,” Cohen said. “What works in one state may not work in another.

What can a lawyer do for you?

A lawyer can help you resolve delinquencies or defaults or apply for loan discharge. They can protect you from unfair or abusive conduct by debt collectors and other agencies. They can handle credit disputes. A lawyer can represent you in court if needed.

How many members does the American Bar Association have?

American Bar Association (ABA) The ABA is a professional organization with nearly 400,000 members, has three kinds of resources by state: Pro bono assistance programs. Local, regional bar associations. Lawyer referral services.

What is the interest rate for a 10 year loan?

For loan terms of 10 years to 15 years, the interest rate will never exceed 9.95% .

Does refinancing a loan lower your monthly payments?

Refinancing to a longer term may lower your monthly payments, but may also increase the total interest paid over the life of the loan. Refinancing to a shorter term may increase your monthly payments, but may lower the total interest paid over the life of the loan.

Does Student Loan Hero include all lenders?

Student Loan Hero does not include all lenders, savings products, or loan options available in the marketplace.

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