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Legal action against school for negligence of their financial aid department?

San Diego, CA |

I was suppose to recieve a student loan to cover a semester of schooling. I turned in all my paperwork on time and waited for my financial aid department to process everything. I checked up on my financial aid advisor every week, she assurred me everything was fine. They ended up not processing my information and the loan was never disbursed. My advisor then advised me to pull a private loan (Sallie Mae) to cover the debt. I did so. Can my Sallie Mae loan be forgiven? Can Legal action be taken against the school as the debt is the result of their negligence? What steps can I take now?

The amount in question is $5,000

Attorney Answers 3


I do not see negligence. You need to return to the financial aid office and receive an explanation as to your staus and availabilty for whatever loans you think you are entitled to. Good luck in school. Those are the steps in my humble opinion. I have yet to encounter a financial aid department, which exists to assist students, in being negligent. You recieved a loan, correct?

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Thank you. I did not recieve my original loan I was forced to pull a private loan to cover the debt owed from the loan not being processed in time.


Very unlikely that you can bring any claim against the school or financial aid staff. You got the money and the money paid for education which you also received. So, your claim is not for forgiveness of your debt but, potentially, for the difference in terms between the loan you wanted to make and the terms of the loan you ended up making. The law is against you on this. You were not forced to borrow at all; you cannot prove that the loan you made is the only one you could have made. Most conclusively, your financial aid application materials expressly waived any claim on this basis. In short, there is no actionable claim for negligence here.

My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

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I doubt there is any legitimate claim against the school. If you had a written agreement, and they failed to honor the agreement, then you could have a claim.

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