Help cleanindg up my credit

Question Details: I'm on state disablity and trying to clean up my credit and disolve an old student loan how do i stop the harring phone calls and stop them from taking anymoney out of my already small disabilty check.

Asked 10/23/2009 under Bankruptcy | 147 View(s) | More Legal Topics

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Bankruptcy Law Answers

There are 2 situations that you may be able to be released from your repayment obligation on your student loan:  bankruptcy or cancellation of the loan. 

Bankruptcy:  Generally, student loans are not dischargeable in bankruptcy but it is possible if you can prove that repaying the loan would be a severe hardship for you; a very difficult standard to meet.  Courts consider several factors in making this determination, including: your income and expenses; how long your financial problems are likely to continue; and how hard you've tried to repay your debt.

You must file a separate court action in your bankruptcy proceeding supporting your discharge request. You'll probably need an attorney to help you with the procedure.

Cancellation:  In certain limited circumstances, you may be able to cancel your student loan, meaning that you no longer have to pay it.  Doing this is not easy; you'll have to meet specific conditions depending on the type of loan you have.  Often, when you cancel your loan, the government will also reimburse you for payments already made, and help clean up your credit record.  In some situations, you won't be able to cancel the entire loan, but you may be able to get rid of a portion of the loan.  Typically economic hardship or some type of disability would qualify.

Some circumstances qualify you for cancellation only, some for both cancellation and deferment, and still others for deferment only.  The Student Loan Borrower Assistance website at www.studentloanborrowerassistance.org discusses conditions for the cancellation or deferment in more detail and how to apply for such a cancellation.  You can also contact your loan holder or the Federal Student Aid office (800-621-3115 or  http://www.ed.gov/offices/OSFAP/DCS/index.html) to determine if you qualify for cancellation.

As for the telephone harassment, you need to write to your creditor and let them know that you do not want them to call you; that they can only contact you by letter.  This is a matter of federal law; the "Fair Debt Collection Practices Act" (reference this in your letter to them). This should stop the calls.  As for having your state disability from being garnished (and I presume this to mean the bank account where it is deposited), let your bank know that the funds in the account are from your disability check and are therefore exempt from any creditor claims.  There are forms that you will need to fill out to accomplish this.  Your bank can let you know.

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