I am a veteran living in upstate NY. I attended a school in Florida back in 2011/12. I took LOA due to illness. Upon return, the school messed up my paperwork for FAFSA and VA education by putting the wrong start date forcing me to quit due to nonpayment. The school claims it's due to attendance. I am now in default in student loans of $7089.. interest added from $4759. I am trying to attend another school but can't until this default is taken care of. I am now set up with the recovery agency paying $5 monthly towards the defaulted loan.
Is this a federally guaranteed student loan, a private loan, or a direct debt that you owe the school? Getting current is very important and you may be able to qualify for a loan repayment plan or deferment. I would Google "Josh Cohen" and if you find the student loan guy in Vermont give him a call. I do not know of any basis to sue the educational institution for such a mistake. Why wasn't it corrected immediately?
Disclaimer: This answer does not constitute legal advice. I am admitted in the States of New York, New Jersey and Massachusetts only and make no attempt to opine on matters of law that are not relevant to those three States. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. Consult an attorney in your locale before you act on any of this advice. You should not rely on this advice alone and nothing in these communications creates an attorney client relationship.
You can if you believe that you were defrauded into a job opportunity that never existed. But that is a lot of legal work for 12k in debt.
Answers are provided for direction only; it is not a substitute for an office consultation.
Focusing on the bankruptcy route might not get you where you want to go - discharging or modifying student loan debts in bankruptcy is about as rare of an occurrence as spotting a unicorn.
If you believe that the institution's negligent or fraudulent conduct caused you to incur debts that you never intended to, your first call should be to the Department of Education, and then to the Consumer Financial Protection Bureau. Given that this is presumably a federally subsidized loan, the Department of Education would probably be the entity that would be tasked with remedying the issue.
Good luck with your case!
Jonathan D. Warner, Esq. is an attorney and licensed to practice in the State of New York. This answer is provided for informational and/or entertainment purposes only. It should not be relied upon as legal advice, which can only be offered to clients in an office consultation setting, after all of the facts and circumstances of a case or controversy can be fully considered and reviewed. No attorney-client relationship should be inferred by virtue of any answers posted. We are a debt relief agency and help people file for bankruptcy.
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