student

charlesa6 · #1 05-21-2004, 12:51 AM

I received a presentment from collection agency representing Department of education for collecting student loan. Giving me 30days to dispute the debt or the debt is valid. I sent out vod to verified the debt and 21days to respond upon the receipt I do this with certified mail. 21 days lapse no respond from the collection agency. I send out the affidavit of default to the agency all Iam getting back from them a letter that indicate as follow:- This letter could possibly be a last attempt for an amicable settlement of your defaulted student aid debts.
section 484a of the higher education act eliminate any and all stautues of limitation on federal student aid debt.
You need to known only you can stop any possible involuntary collection attempts as written in the following paragraph.
If you meet the government's guildlines for administrative wage ganishment agency may recommend that course of action. Agency may instead have no recourse but to request the recommendation of your account to the department of justice for litigation proceedings. It is in your best interest to contact us immediately to make arragements for restitution of this debts.
This agency failed to provide me with the promissory note not even the copy of any contract or any proof that i owing this debt. Any suggestion or advice will really appreciated.

#2 05-21-2004, 01:42 AM

Their letter is basically saying that, despite the&FDCA (30 days to dispute the debt) they are&going to pursue it, despite that law.&

I owed $1,200 on a student loan for a very lonnng time, and they never left me alone.& One time I didn't hear from them for about a year;&I thought they were gone for good, until my mother called me and told me they called her, wanting to know where I was!I don't know how much you owe but, like any debt, the more you owe, the more they are not going to give up. Student loans are like the IRS:&annoying as hell. &

There are debt elimination programs&that are having success cancelling&student loans, but I&couldn't tell you who&they are.&

Student loans are not even dischargeable through bankruptcy.& That's how&serious they&are about pay back.&

There is hope, and you can get rid of a student loan, but&I don't know if you can do it yourself. &

&

I wish I had better news for you.&

Ice · #3 05-21-2004, 03:09 AM

Since this came from a "debt collector" and they willfully violated the law... notify the proper authorities about their blatant violation... which will earn them a FINE.& Yep, the U.S. loves to collect money and they don't mind putting a fine on those that violate the law -- there is a case available here: http://www.suijuris.net/main/suijuris/index.php?page=4

Scroll down until you come across "U.S. v. Nationwide Credit".

Report the violation of law.& Don't play games with these guys.& Let's all start coming down on them as hard as we can.& The only way we can cause change is to take action.& Do not allow these arrogant #$*!!&#~!* to&get away with anything.

&

#4 05-21-2004, 06:35 AM

The following is not pretty or neat. It's just a bunch of stuff I through together a few weeks ago for a driver at work. Same problem.& Might be filled with all sorts of expletive deletives and typos and "stuff," but it's worth the read (I think). It's 2 pages in a&Word document....

TITLE 20
<H1>TITLE 20 - EDUCATION </H1>

Title 20, Chapter 28, Subchapter IV, Part F, Section 1095a

(a) Garnishment requirements

Notwithstanding any provision of State law, a guaranty agency, or the Secretary in the case of loans made, insured or guaranteed under this subchapter and part C of subchapter I of chapter 34 of title 42 that are held by the Secretary, may garnish the disposable pay of an individual to collect the amount owed by the individual, if he or she is not currently making required repayment under a repayment agreement with the Secretary, or, in the case of a loan guaranteed under part B of this subchapter on which the guaranty agency received reimbursement from the Secretary under section 1078(c) of this title, with the guaranty agency holding the loan, as appropriate, provided that -

(1)

the amount deducted for any pay period may not exceed 10 percent of disposable pay, except that a greater percentage may be deducted with the written consent of the individual involved;

(2) 

the individual shall be provided written notice, sent by mail to the individual's last known address, a minimum of 30 days prior to the initiation of proceedings, from the guaranty agency or the Secretary, as appropriate, informing such individual of the nature and amount of the loan obligation to be collected, the intention of the guaranty agency or the Secretary, as appropriate, to initiate proceedings to collect the debt through deductions from pay, and an explanation of the rights of the individual under this section;

Randy here: READ (2) above CLOSELY! THAT’S where you start. (1) Written notice. (2) 30 Days PRIOR to…. (3) FROM whomever was behind the loan (4) "the nature AND amount of the loan obligation…"

(5) TO BE COLLECTED (This brings in the FDCPA – fair debt credit practices act, etc.) (6) "the intention…to initiate…." AND (7) "an explanation" of YOUR "rights."

Did they do ANY of that? Doesn’t matter. Write them and tell them to PROVE they mailed it! YOU don’t it, right? So where&is it? AND make damned sure Schwerman gets a copy. But let’s go on:

(3) 

the individual shall be provided an opportunity to inspect and copy records relating to the debt; Do I need to say anything?

(4) 

the individual shall be provided an opportunity to enter into a written agreement with the guaranty agency or the Secretary, under terms agreeable to the Secretary, or the head of the guaranty agency or his designee, as appropriate, to establish a schedule for the repayment of the debt; Wow. Did they do this?

(5) 

the individual shall be provided an opportunity for a hearing in accordance with subsection (b) of this section on the determination of the Secretary or the guaranty agency, as appropriate, concerning the existence or the amount of the debt, and, in the case of an individual whose repayment schedule is established other than by a written agreement pursuant to paragraph (4), concerning the terms of the repayment schedule; Mahala. Never, ever "dispute" the "amount." Doing that means you agree you owe them "something." At this point, they haven’t proven you own ANYTHING. Dispute what they suggest is a possibility, i.e., "the existence" of a damned loan!

(6) 

the employer shall pay to the Secretary or the guaranty agency as directed in the withholding order issued in this action, and shall be liable for, and the Secretary or the guaranty agency, as appropriate, may sue the employer in a State or Federal court of competent jurisdiction to recover, any amount that such employer fails to withhold from wages due an employee following receipt of such employer of notice of the withholding order, plus attorneys' fees, costs, and, in the court's discretion, punitive damages, but such employer shall not be required to vary the normal pay and disbursement cycles in order to comply with this paragraph; Tell Schwerman you ****ing DEMAND to see the "withholding order" because "according to the law" that THESE f***ers sent you to, this paragraph (6) clearly states there had to be an "order." Whose signature is on it? When was this "order" given? Under what authority? (Remember: NOW you’re looking at it from Schwerman’s position. Picture the lady in payroll. She got this "order," right? Well, where is it? SOMEBODY has to have? What does IT say? Etc…..

(7)

if an individual has been reemployed within 12 months after having been involuntarily separated from employment, no amount may be deducted from the disposable pay of such individual until such individual has been reemployed continuously for at least 12 months; and

(8)

an employer may not discharge from employment, refuse to employ, or take disciplinary action against an individual subject to wage withholding in accordance with this section by reason of the fact that the individual's wages have been subject to garnishment under this section, and such individual may sue in a State or Federal court of competent jurisdiction any employer who takes such action. The court shall award attorneys' fees to a prevailing employee and, in its discretion, may order reinstatement of the individual, award punitive damages and back pay to the employee, or order such other remedy as may be reasonably necessary.

(b) Hearing requirements

A hearing described in subsection (a)(5) of this section shall be provided prior to issuance of a garnishment order if the individual, on or before the 15th day following the mailing of the notice described in subsection (a)(2) of this section, and in accordance with such procedures as the Secretary or the head of the guaranty agency, as appropriate, may prescribe, files a petition requesting such a hearing. If the individual does not file a petition requesting a hearing prior to such date, the Secretary or the guaranty agency, as appropriate, shall provide the individual a hearing under subsection (a)(5) of this section upon request, but such hearing need not be provided prior to issuance of a garnishment order. A hearing under subsection (a)(5) of this section may not be conducted by an individual under the supervision or control of the head of the guaranty agency, except that nothing in this sentence shall be construed to prohibit the appointment of an administrative law judge. The hearing official shall issue a final decision at the earliest practicable date, but not later than 60 days after the filing of the petition requesting the hearing. You do NOT want one of the phony-assed "hearings." You f***ing DEMAND PROOF AND VERIFICATION OF THE ALLEGED DEBT, period. I’ll attach a couple of my letters regarding FDCPA, etc. You’ll see what I mean….

(c) Notice requirements 

The notice to the employer of the withholding order shall contain only such information as may be necessary for the employer to comply with the withholding order. Oh, f*** them! I.E., we don’t have to send anything as trivial as "proof" that he OWES the damned money, only that WE say he DOES and, of course, our "threat" to sue…And f***ing Schwerman caved. See how rich people are? They have SO much money, it’s easier just to cave then fight. F*** ‘em. I hope they all die.

(d) No attachment of student assistance

Except as authorized in this section, notwithstanding any other provision of Federal or State law, no grant, loan, or work assistance awarded under this subchapter and part C of subchapter I of chapter 34 of title 42, or property traceable to such assistance, shall be subject to garnishment or attachment in order to satisfy any debt owed by the student awarded such assistance, other than a debt owed to the Secretary and arising under this subchapter and part C of subchapter I of chapter 34 of title 42. As part of your "proof," you need to know under what "section" of what code/law your alleged (Use THAT word for the rest of your life every time someone says you owe them something, even if YOU know you do: It’s an "alleged" debt until THEY& prove it. Say it: "Alleged debt." Anyway….what section of the law was YOUR alleged debt made under, since they bounce from one to the other.

(e) ''Disposable pay'' defined

For the purpose of this section, the term ''disposable pay'' means that part of the compensation of any individual from an employer remaining after the deduction of any amounts required by law to be withheld

&Randy

&

weishaupt1776 · #5 07-26-2004, 08:58 AM

My roomate has been paying on his student loan for eternity.They keep jackin' him with interest. In order for him to understand this process, should I show him the VoD form on the site?

Where's a good place to start to show him what's going on without confusing him?

Jerseee · #6 07-26-2004, 10:00 AM

weishaupt,

Your style to help your roommate is admirable--we need more like you. First wake him up to the fact that there is no money and you have the law to prove it.

If you can coherently explain how his signature funded the loan--then do so.

But if you feel that you are not on the level to fully explain to him all the nuances of this situation--gentily guide him here to the site and the both of you can start a study group.

Once you get a few successes under your belts--you can bring in more people to the stark reality of the fraud. But this system can detect imposters who think that they are getting something for nothing and those will soon find themselves in a world of hurt. Stay honorable and never argue.

Hope that helped.