If you have been sued by a private lender or debt buyer, you must act fast. We provide aggressive defense against student loan lawsuits to prevent default judgments and protect your assets.
We assist borrowers in stopping or negotiating the release of wage garnishments. Whether it is an administrative garnishment from the federal government or a court-ordered garnishment from a private lender, we know the specific laws to protect your paycheck.
Discharging student loans in bankruptcy is difficult but no longer impossible. We represent borrowers in “adversary proceedings” to prove undue hardship, utilizing the latest Department of Justice guidelines to fight for your debt discharge.
Stop the calls. We enforce your rights under the FDCPA to end abusive debt collection tactics. We also handle disputes regarding servicer errors, credit reporting inaccuracies, and identity theft issues related to student loans.
Yes, specifically for federal loans. Programs like Public Service Loan Forgiveness (PSLF) and forgiveness via Income-Driven Repayment (IDR) plans are available if you meet the employment or payment history requirements. We can help you review your loan history to see if you qualify for these or other discharge options like “Borrower Defense to Repayment.”
You should send a written dispute letter to your loan servicer and the credit bureaus (Equifax, Experian, TransUnion) immediately. They are legally required to investigate and correct verified errors. If they fail to fix the mistake, you may have a legal claim under the Fair Credit Reporting Act (FCRA).
Be skeptical of anyone asking for “upfront fees” or your Federal Student Aid (FSA) password. Legitimate federal programs (like the SAVE plan or consolidation) are free to apply for at StudentAid.gov. Scammers often promise “immediate forgiveness” or claim to be affiliated with the Department of Education. If it sounds too good to be true, it likely is.
Do not ignore it. If you fail to respond, the lender will likely get a “default judgment,” granting them the power to seize assets or garnish wages (depending on your state). You have a limited time to file a legal response. Contact a qualified student loan attorney immediately to review potential defenses, such as the statute of limitations or lack of documentation by the lender.
Yes, it is possible, though it requires a specific legal process called an “adversary proceeding.” You must prove that repaying the loan would cause “undue hardship.” Recent government guidelines have streamlined this process for federal loans, making discharge more achievable than in the past. We can evaluate if you meet the specific criteria for discharge.
It depends on the loan type. Federal loans can result in administrative wage garnishment (up to 15%) without a court order if you are in default. Private lenders, however, must first sue you and win a court judgment to garnish wages. Note that some states, like Texas, have laws prohibiting wage garnishment for private debts, though federal loans can override this.
You have the right to demand they stop contacting you by sending a “cease communication” letter. Under the Fair Debt Collection Practices Act (FDCPA), collectors cannot use abusive language, threaten you with arrest, or call you at unreasonable times. If they persist, you may have grounds for a lawsuit against them. Keep a log of all calls and contact us immediately.
You have significant protections under both federal and state laws. This includes the right to accurate information, the right to dispute errors, and protection from abusive debt collection practices. For federal loans, you have rights to income-driven repayment plans and forgiveness programs. For private loans, you are protected against wage garnishment without a court order in many states, including Texas.
There are numerous resources available to student loan borrowers. You can find information on federal loan programs and repayment options at studentaid.gov. The Consumer Financial Protection Bureau (CFPB) website (consumerfinance.gov) offers tools and resources for student loan borrowers. In Texas, you can also contact legal aid organizations for free or low-cost legal assistance and the Texas Attorney General’s Consumer Protection Division for complaints and information.
There are various federal student loan forgiveness programs, such as Public Service Loan Forgiveness (PSLF) and income-driven repayment forgiveness. Eligibility requirements vary depending on the program. We can help you understand these programs and assess whether you might qualify.
If you are served with a lawsuit related to your student loan debt, it is crucial to respond to the lawsuit promptly. Failure to do so can result in a default judgment against you. Contact our firm or another qualified attorney immediately to discuss your case and understand your legal options and defenses.
In Texas, your wages cannot be garnished for private student loan debt without a court order due to state law. However, the federal government can administratively garnish wages for federal student loan debt that is in default, without a court order, after providing notice and an opportunity for a hearing.
Be wary of unsolicited calls or emails promising immediate student loan forgiveness in exchange for upfront fees or your FSA ID. Legitimate federal loan programs are free to apply for through the Department of Education website (studentaid.gov). Remember, “only scammers promise fast loan forgiveness”. Report any suspected scams to the Texas Attorney General and the FTC.
While it is generally more difficult to discharge student loans in bankruptcy compared to other types of debt, it is possible under certain circumstances, such as proving undue hardship. If you are considering bankruptcy, it is essential to consult with a bankruptcy attorney who is knowledgeable about student loan discharge to understand your options and the specific requirements in Texas.
Federal student loan borrowers have the right to apply for income-driven repayment plans, which can lower your monthly payments based on your income and family size. You may also be eligible for deferment or forbearance under certain circumstances, such as unemployment or financial hardship. Contact your loan servicer immediately to explore these options.
You have the right to dispute errors on your student loan account by sending a written dispute letter to your loan servicer. Similarly, you can dispute inaccuracies on your credit report directly with the credit bureaus (Equifax, Experian, TransUnion). The servicer and credit bureau are then obligated to investigate and correct any verified errors. If the errors are not corrected, you can file a complaint with the CFPB.
If you are being harassed by a student loan debt collector, you have the right to send a cease communication letter demanding they stop contacting you. Keep a record of all communications, and be aware that debt collectors are prohibited from using abusive tactics, making false threats, or contacting you at certain times or places. You can also file complaints with the CFPB and the Texas Attorney General and consider legal action for violations of the FDCPA and TDCA.
As a student loan borrower, you have numerous rights under federal and Texas law. These include the right to accurate information about your loan, the ability to apply for alternative repayment plans for federal loans, options for forbearance and deferment if eligible, and protection against wage garnishment for private student loans in Texas without a court order. You also have the right to dispute errors on your loan and credit reports and to be free from harassment by debt collectors.