my son and husband(Co-signor) have a defaulted student loan, My husband has been out of work since October 2017 and my son lost his job last October and has been working temporary since Jan 2019. i have work out an agreement with the agency to pay 400.00 month by 4/10 and to revisit with them in April, for update on the payments. i paid on Monday, 4/12 and recvd a letter from the agency on the same day stating that they want payment in full. i contacted them and am trying to work out an arrangement but now i received an order to vacate dismissal and enter default. Why would they do that if i have been paying and do i have any recourse at this time. i have no idea what to do
The plaintiff's case may have been defaulted for lack of prosecution. Now that plaintiff served your son and husband they are proceeding with the litigation by vacating the default and moving to enter judgment against your son and your husband. Student loans are not ordinarily dischargeable in Bankruptcy. You should utilize the AVVO tools to find counsel to defend the collection matter and discuss other options including bankruptcy. You certainly should receive proper credit for all of the payments made on the account.
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