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Can I sue to get out of my student loans, and If i can how would I?

Norwood, MA |

I took out two student loans with the same lender. I was ahead of my payment, so I haven't had to make a payment in a while. During the time I wasn't making payments, my leander sold my student loan to another company. But now I making payment again. Before I started making payment the new company combined my two loans with out my permission or my knowledge and up my monthly payment with out my knowledge or permission. Now I have sent them two payment and they have miss calculated the amounts. The first time I spoke with their client services they said he would make a note to have my loan re-calulated, but Noting was done. The second time I called I explained the situation, he hung up on me, and had to call back. Can I sue to get out of my student loans and if I can how would I?

Attorney Answers 3


The short answer is no.

You aren't going to get out of your student loans. If the bank did something that violated the law or was unfair and deceptive, you may have a consumer protection law suit, but what you have described is probably not enough. Contact an attorney to assist you in writing a demand letter to the loanholder and see what happens from there. The loan documents and types of loans will play a large part in determining if what they did was alllowable or not.


These are generic informational answers, not to be construed as legal advice or creating an Attorney client relationship. If you have a legal issue, you should always consult an Attorney in your jurisdiction. You wouldn't ask a surgeon to talk you through a heart transplant via email, don't expect to do the same with a legal matter.

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You cannot absolve yourself of the responsibility to pay your student loans, but you should communicate with this company in writing to protect yourself. This is something that can be straightened out with a bit of patience, or you can get a consumer protection attorney to make a call or write a letter to try to straighten it out on your behalf.

Providing users with information is not intended to create an attorney/client relationship. However, if in reading my response, you are interested in retaining me to represent you, please do not hesitate to contact me.

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It is nearly impossible to get out of paying student loans, even in bankruptcy. Continue to contact your student loan company by phone and in writing (sent certified mail) until all disputes are worked out. Good luck.

Melissa Levine is a licensed attorney in Massachusetts. All answers are based on Massachusetts law and should not be construed as legal advice. No attorney-client relationship is formed by Attorney Levine answering your question. It is advisable to consult with an attorney about your personal legal concerns.

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