TaxI filed CH 13 and it was confirmed. Included in BK is my school loans- Sallie Mae keeps calling me, tell me to talk to legal deptartmen, my BK attroney has notificed Sallie Mae in writing with case no. and still they call. BK lawyer says I can have motion to file and claim damages, but not too enthused to do so- just want the phone to stop getting two Sallie Mae computer voices on my machine each day. Attorney answers (2)
I think the problem is that since student loans are non dischargable, the loan companies are not prevented from continuing to take action to collect on the debt, and so they can sometimes take that as a license to continue harassing debtors. If you have not yet received a discharge, the automatic stay still applies, and they are not allowed to call.
Although I agree that litigation is no fun and should only be used as a last resort, I think you should probably talk more to your lawyer about pursuing legal action against the loan company. If consumers don't stand up for themselves, then companies will never stop acting badly. Plus, at least while you are still in a Chapter 13, you probably can pay for your attorney through your plan. Without knowing all the circumstances, it is hard to know exactly what would be involved. It sounds like your lawyer has an idea about making it stop, and I think you should speak further with him or her and see what they can do to help you. Good luck! 2 people marked this answer as good
Sharon Elizabeth Chirichillo, licensed in Washington and Oregon
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Ms. Crocker's advice is exactly right; the only thing I can add is that there is an attorney in Federal Way who will take on student loan discharge issues and has a good track record. His name is Richard Grandvold, and he might be able to assist you with the student loan part of your problem. You can get his contact information here, or at the State Bar's website http://www.wsba.org under "Lawyer directory"
Hope this helps - Elizabeth Powell 2 people marked this answer as good
Sharon Elizabeth Chirichillo, licensed in Washington and Oregon
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